Welcome to Skunkworx Packaging, Inc.s website (the "Site"). "). To access this Site to buy or sell goods (collectively the "Services") you must first accept all of the terms and conditions of these Terms of Service. WITHOUT EXCEPTION, BY REGISTERING FOR AND USING THE SERVICES OF THIS SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
Skunkworx Packaging, Inc, (“Skunkworx”) may amend these Terms of Service and any policies or guidelines governing the Site, at any time, in its sole and absolute discretion. Any such change will be effective at the time the decision to make the change is reached, which may occur prior to posting the change on the Site. Because changes to policies and guidelines may be posted without notice, you should frequently review the Site to keep informed of all changes. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING Skunkworx’s POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF SERVICE, DO NOT CONTINUE TO USE THIS SITE.
1. Eligibility.
1.1 Use of the Services of this Site is restricted to individuals who can enter into legally enforceable agreements under applicable law. Please do not use this Site if you are a minor or are otherwise incapable of entering into a legally binding agreement.
2. Password Security.
2.1 During the registration process you will be asked to select a password. You must use this password to gain entry to the Site and Services. You are solely responsible for maintaining the confidentiality of this password and for any activity taken under your password on this Site. You acknowledge that Skunkworx is not liable to you or any third party for any losses or damages arising from your failure to comply with this paragraph.
3. Privacy:
3.1 Please see our Privacy Policy that is incorporated into these Terms of Service by reference. Skunkworx fully intends to respect the privacy of all participants of the Site and Services and will not randomly monitor or disclose any activity or content associated with this Site or Services. Skunkworx however, reserves the right to monitor or disclose any activity or content associated with the Site or Services, if in our sole and absolute discretion we believe it necessary to do so including, without limitation, to: (1) protect our rights under the Terms of Service or otherwise; or (2) protect a person as physical safety, legal rights, or well being. In addition, Skunkworx reserves the absolute right and discretion to disclose the identity of a participant to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
4. Exclusion of Warranties.
4.1 THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS,""AS AVAILABLE" BASIS. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, Skunkworx MAKES NO WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE ERROR FREE.
4.2 IN NO EVENT SHALL Skunkworx BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES OR THIS TERMS OF SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
4.3 Skunkworx MAY, AT ANY TIME, MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR SERVICES WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Skunkworx SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSESOR DAMAGES SUSTAINED AS A RESULT OF ANY MODIFICATION, SUSPENSION OR TERMINATION OF THE SITE OR SERVICES.
5. Restrictions on the Limitation of Damages.
5.1 IF YOU ARE IN A JURISDICTION THAT PROHIBITS THE LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, THE PROVISIONS IN PARAGRAPHS 4.1 and 4.2 MAY NOT APPLY TO YOU.
6. Indemnification.
6.1 You agree to defend, indemnify and hold harmless Skunkworx, its subsidiaries, affiliates, officers, directors, and employees and their respective successors and assigns from all losses, costs, liabilities, damages, claims, and expenses of every kind and description including reasonable attorneys fees made by any third party due to or arising out of your breach of this agreement, the documents it incorporates by reference, or your violation of any law or the rights of a third party.
7. Copyright/Trademarks and other Proprietary Information.
7.1 Unless otherwise authorized by Skunkworx, this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for commercial purpose.
7.2 All the content included on this site, such as, text, graphics, logos, buttons, icons, images, audio clips, and the compilation of such content is the exclusive property of Skunkworx and is protected by U.S. and international copyright laws. Skunkworx or its software suppliers own all the software used on this site. This software is protected by U.S. and international copyright laws. Any unauthorized use of this content or software including the reproduction, modification, distribution, transmission, republication, display, or performance of the content of this site is prohibited.
7.3 Skunkworx holds a license to use the trademarks "Skunkworx Packaging," in connection with certain services. Unauthorized use of these trademarks in any manner likely to cause consumer confusion or dilution of these marks is prohibited.
8. Miscellaneous.
8.1 Applicable Law. These Terms of Service shall be governed by the laws of the State of California, except for its conflicts of law provisions. You consent to the exclusive jurisdiction of the courts of California in the County of Los Angeles for resolution of any dispute arising out of or relating to the terms and conditions of these Terms of Service. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts and waive any objection to such courts based on lack of personal jurisdiction, subject matter jurisdiction or venue. Skunkworx reserves the sole and exclusive right to enforce this provision, and nothing herein shall prohibit Skunkworx from selecting a jurisdiction or venue in any other State or Commonwealth.
8.2 Termination. Skunkworx, in its sole and absolute discretion, may terminate these Terms of Service or access to the Site or the Services immediately without notice for any reason.
8.3 Entire Agreement. These Terms of Service constitutes the entire agreement between the parties concerning the subject matter hereof, supersedes, and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof
8.4 Severability. Any provision (or portion of a provision) of these Terms of Service determined to be invalid by a court of competent jurisdiction shall be severed and shall not affect the validity and enforceability of any remaining provisions.
8.5 No Waiver. Skunkworx failure to enforce the strict performance of any provision of these Terms of Service will not constitute a waiver of Skunkworx right to subsequently enforce such provision or any other provisions of these Terms of Service.