SKYX PLATFORMS CORP.
TERMS OF SERVICE
Effective Date: July 12, 2022
SKYX Platforms Corp., doing business as SKYX Technologies (“SKYX”), offers its platform of advanced-safe-smart technology products (“Products”) for business and home, the SkyHome mobile application (the “App”), and services available through the App (“Services”, together with the App and Products, the “SKYX Platform”). These Terms of Service (these “Terms”) govern your use of the SKYX Platform. SKYX has offices at 2855 W. McNab Road, Pompano Beach, Florida 33069, and SKYX customer support is available by telephone: (855) 759-7584 and on the web: www.skyxp.com/support.
THESE TERMS (COMBINED WITH OTHER AGREEMENTS INCORPORATED HEREIN OR SEPARATELY ENTERED INTO) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SKYX. PLEASE READ THE FOLLOWING TERMS VERY CAREFULLY, WHICH ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 11. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PURCHASE, DOWNLOAD, INSTALL, OR IN ANY WAY ACCESS OR USE THE SKYX PLATFORM. BY DOWNLOADING, INSTALLING OR ACCESSING AND USING THE SKYX PLATFORM, YOU AGREE WITH AND ACCEPT ALL OF THE FOLLOWING TERMS.
- This Agreement in combination with any written warranty on Product packaging represents the entire understanding between you and SKYX relating to your purchase or use of the App, Products and Services and prevails over any prior or contemporaneous, conflicting, or additional communications between you and SKYX. All rights not expressly granted herein are reserved by SKYX. However, to the extent your use of a Product or Service involves or is integrated with products or services of third-party companies, any terms and policies covering those products or services may also apply.
- The term “you,” as used in these Terms, includes any person or entity who downloads the App, creates an account or purchases one or more Products in the App (“Owner”). The term “you” also includes any person or entity who is allowed or authorized by Owner to access or use its Products and Services, who are responsible for their own actions in connection with the Products and Services; however, Owner hereby consents to these Terms on behalf of all such users and agrees to be fully responsible for all actions taken by such users relating to the App and Owner’s Products, Services.
- You must be at least 13 years old to use the SKYX Platform. If you are between the ages of 13 and 18, you may use the SKYX Platform only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user between the ages of 13 and 18, you consent to these terms on behalf of such user and you are fully responsible for the acts of such user in relation to the SKYX Platform. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization or entity and to bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
- CHANGES TO THESE TERMS AND THE SKYX PLATFORM
- Except as set forth in Section 11, SKYX may modify, update or supplement these Terms at any time by making the updated Terms available through a link in the App and on our website: skyplug.com/terms. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on our website, by notifying you through the App, by sending you an email, or by some other means. By continuing to use the App, Products, and Services after such changes, you are expressing your acknowledgement and acceptance of the changes, subject to any waiting period under applicable laws. In the event of any error, omission, or other discrepancies between these Terms, including any amendments thereto, and the Terms made publicly available by SKYX on its website, the terms of the latter shall prevail.
- You may be required to sign up for an account and select a password and user You agree not to share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
- SKYX is also free to terminate (or suspend access to) your use of the SKYX Platform or your account, for any reason in our discretion, including your breach of these Terms. SKYX has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
- SKYX is always trying to improve the SKYX Platform, so it may change over time. SKYX may suspend or discontinue support for any Product; may suspend or discontinue any part of the App or the Services; may introduce new features or impose limits on certain features; or may restrict access to parts or all of the App or Services. These Terms will govern any upgrades provided by SKYX that replace and/or supplement prior versions of the App or the Services, unless such upgrade is accompanied by new or additional Terms in which case those Terms will govern, as applicable.
- Your use of the App is dependent upon the compatibility of your personal electronic device, smart phone or tablet and your download of SKYX Updates. SKYX may develop updates, patches, and other modifications to improve the performance of the Products, App, and Services or for other reasons in our sole discretion (“Updates”). You agree that such Updates may be automatically installed without providing any additional notice or receiving any additional consent, and you hereby consent to such automatic updates. If an Update requires you to install it and you do not, you acknowledge that the Products, App, and Services may not operate, or continue to operate, as expected. You further acknowledge and agree that SKYX may from time to time add new Services and applications, and such future Services and applications may not be supported by or available on your Product(s) and require that you purchase a more recent version of a particular Product.
- INTELLECTUAL PROPERTY; LIMITED RIGHT TO USE
- All right, title and interest in the App, Products and Services and all SKYX content provided through the App and Services, including without limitation information, documents, logos, graphics, designs and images (collectively, “SKYX Property”), are owned by SKYX, its licensors, or designated third parties and nothing on or in the App, Products or Services shall be construed as conferring any license under any intellectual property or proprietary right, whether by estoppel, implication, or otherwise. Except as otherwise noted, SKYX is the owner of all trademarks and service marks on or in the App, Products, or Services. These Terms do not grant you any license or right to use any trademark or other intellectual property of SKYX or any third party. You acknowledge that these Terms are an agreement between SKYX and you only, and not with any other entity, including but not limited to Apple, Amazon, Google, or other third parties whose products or services are integrated with any SKYX Product from time to time.
- Subject to these Terms and full payment for any Product or Service, SKYX grants you a revocable, limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of the App, Products, and Services for your personal or commercial use, including a right to separately download, install and use the App on one or more compatible iOS or Android-based mobile devices that you own or control (and as permitted by the usage rules of said iOS or Android-based mobile device) for the purposes of using the applicable Product and related Services. This license does not allow you to use the App on any device that you do not own or control. If you are a business, you may purchase Products and use the Services for your own internal, lawful business purposes, but this license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.
- You may not: (i) rent, lease, lend, sell, redistribute, sublicense, transmit, host, outsource, disclose, or otherwise commercially exploit or make available to any third party the App or any part thereof; (ii) copy, decompile, reverse engineer, disassemble, or attempt to derive or discover the source code, object code, underlying structure, ideas or algorithms of the App, Services, or any documentation pertaining to the App or Services; (iii) modify, translate or create derivative works of the App, any updates, or any part thereof; (iv) use the App or Services or capture Content in any manner: (1) that violates any applicable laws, regulations or any provision of these Terms; (2) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (3); that infringes or violates the intellectual property rights or any other rights of anyone else (including SKYX); (v) overburden, disrupt, threaten the security of, or harm the App or the systems, servers, or networks of SKYX, its affiliates, contractors, agents, subsidiaries, suppliers, or licensors in any unauthorized way; (vi) attempt, in any manner, to obtain the password, account, or other security information from any other user; (vii) violate the security of any computer network, or cracks any passwords or security encryption codes; or (viii) run any form of auto-responder or “spam” on the Services, or method that “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
- If you breach the restrictions noted in this section, this Agreement shall terminate immediately without releasing you of any liability associated with such breach. SKYX and its licensors reserve the right to change, suspend, remove, or disable access to the App, or to any features or portions of the App at any time, for any reason (including for any violation by you of these Terms) and without notice. SKYX may also impose limits on the use of or access to the App and certain Services, in any case and without notice or liability. In no event will SKYX be liable for the removal or disabling of access to, or the limitation on the use of or access to, the App.
- SKYX does not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services, or marketing. Anything you disclose or offer to us by or through our websites, the App, or Services (“communications”), including e-mails to SKYX or postings on our websites, shall be deemed and shall remain the property of SKYX. If you send us such communications, you do so on a non-confidential basis, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. SKYX is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products, or Services using such communications. By submitting communications to us through our websites, via e-mail, or by any means, you hereby release SKYX from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to SKYX, you hereby grant SKYX, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
- COMPLIANCE WITH THE LAW
- Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the SKYX Platform. You agree that it is your responsibility, and not the responsibility of SKYX, to ensure that you comply with any applicable laws when you use the Apps, Products and Services, including but not limited to: (i) any laws or regulations relating to the recording, processing, or sharing of video or audio content; (ii) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the SKYX Platform; and/or (iii) any laws or regulations requiring that, if you use your property as a workplace, you comply with laws governing the monitoring of employees.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the App, Services or Products.
- You are solely responsible for all of your Content. “Content” means all audio, video, images, text, or other types of content captured by our App or Products or provided to us in connection with the Services. You represent and warrant that: (a) you own the intellectual property and proprietary rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below; and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
- You agree that SKYX may collect and use information associated with your use of the App, Products, and Services, including but not limited to technical information about your device, system and application software, and peripherals, and the utilization of those things, that may be gathered periodically to, among other things, facilitate the provision to you of software updates, product support and other services (if any) related to the App, Products, and Services. SKYX may use this information in any manner, provided it is in a form that does not personally identify you, including: (i) making aggregate information publicly available, (ii) for creating, improving and modifying SKYX’s products and services; (iii) for purposes of data gathering, analysis, service enhancement and marketing; and (iv) to the extent and in the manner required by applicable law. To the extent your device, system or software applications, or peripherals are connected or interconnected to any third-party device, system or software application, or peripheral, the terms and conditions of such third party may apply.
- In addition to the rights granted above, you also acknowledge and agree that SKYX may access, use, preserve and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (i) comply with applicable law, regulation, legal process, or reasonable preservation request; (ii) enforce these Terms, including investigation of any potential violation thereof; (iii) detect, prevent or otherwise address security, fraud or technical issues; or (iv) protect the rights, property or safety of SKYX, its users, a third party, or the public as required or permitted by law. Deleted Content may be stored by SKYX in order to comply with certain legal obligations and are not retrievable without a valid court order.
The agreement between you and SKYX, including the license granted to you under these Terms, is effective on the date you first use the App until terminated by SKYX. You may discontinue use of the App, Products, or Services at any time, but these Terms will continue to govern your use of the App, Products, and Services before up and until such discontinuation. Your rights under these Terms will terminate automatically without notice from SKYX if you fail to comply with any term(s) or conditions of these Terms, or any related agreement.
- SERVICES; THIRD PARTY MATERIALS.
Use of the Services may require Internet access and that you accept additional terms of service. You acknowledge that acceptance by you of any additional terms of service are your sole responsibility and at your sole risk. You are responsible for obtaining and maintaining any equipment, device, Wi-Fi and internet connections, third party software, upgrades and any other services needed to connect to, access or otherwise use the App and you are responsible for all fees associated with such use and for compliance with any agreements related to such use. SKYX makes no guarantee that the App will be compatible with all devices such as smart phones, tablets, Wi-Fi routers, or internet connections. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites that would enable you to obtain third-party products or services. By using the Services, you acknowledge and agree that SKYX is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials, web sites, products, or services. SKYX does not warrant or endorse, does not assume, and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Neither SKYX nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of data displayed by any Services.
- NO WARRANTY; DISCLAIMERS.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND SKYX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF DURABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND SKYX DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THE APP OR THE SERVICES. SKYX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP OR ANY SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED.
- UNDER NO CIRCUMSTANCES WILL SKYX BE HELD LIABLE FOR ANY HARM RESULTING FROM USING THE APP OR SERVICES, DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE APP OR SERVICES, ANY DELAY OR FAILURE IN PERFORMANCE OF THE APP OR SERVICES RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND SKYX’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. SKYX FURTHER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE APP OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SKYX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY; INDEMNITY.
- TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SKYX, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, PERSONAL INJURY, DAMAGE TO ANY PERSONAL PROPERTY OR DAMAGE TO REAL PROPERTY ARISING UNDER THESE TERMS OR OTHERWISE, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, COMISSIONED PRODUCT, OR SERVICES, HOWEVER CAUSED REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BY BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SKYX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF USD $20.00 OR THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES AT ISSUE IN THE PRECEDING 6 MONTHS, WHICHEVER IS GREATER, WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SKYX. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SKYX DISCLAIMS ALL LIABILITY OF ANY KIND OF SKYX’S LICENSORS AND SUPPLIERS. THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
- If You will be using the App, Products or Services for commercial use, you represent, covenant, and warrant that you will use the App, Products and Services only in compliance with the terms and conditions of these Terms, related agreements, and all applicable laws and regulations (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity or defamation). You agree to indemnify, defend, and hold harmless SKYX, its principals, shareholders, officers, employees, affiliates, contractors, agents, subsidiaries, suppliers, and licensors against all claims, damages, losses, liabilities and expenses (including reasonable attorney fees) in connection with any claim or action that arises from a violation of these Terms or otherwise from the use or misuse of the App, Products, or Services in violation of these Terms by you or any other user.
- GOVERNING LAW; DISPUTE RESOLUTION
- The laws of the State of Florida, excluding its conflicts of law rules, govern this license and your use of the App. The Federal Arbitration Act (the “FAA”), 9 U.S.C. 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration. “Disputes” shall include, but are not limited to, any claims or controversies between you and SKYX against each other related in any way to or arising out of in any way from this Agreement, the App, the Services, and/or the Content, including but not limited to cancellations, defects, policies, privacy, advertising, or any communications between you and SKYX, even if the claim arises after you or SKYX has terminated Services.
- YOU AND SKYX AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE APP, SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that: (i) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (ii) this agreement to arbitrate does not include your or SKYX’s right to seek injunctive or other equitable relief in state or federal court in Miami Dade County, Florida, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
- Before initiating an arbitration, you and SKYX each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 2855 W. McNab Road, Pompano Beach, Florida 33069, Attention: General Counsel, email@example.com. We will provide a Notice of Dispute to you via the email address associated with your SKYX account. You and SKYX agree to attempt in good faith to resolve the Dispute before commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.
- If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these Terms. Arbitration shall (i) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (ii) be conducted by a single, neutral arbitrator; and (iii) take place in Miami Date County, Florida. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules.
- WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and SKYX expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial. YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SKYX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
You may not assign any of your rights and obligations arising under these Terms, and you hereby acknowledge and agree that SKYX may assign any of its rights and obligations arising under these Terms, in whole or in part, in its sole discretion. If any part of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The invalidity or unenforceability of any provision of these Terms will not affect any other provision and all such other provisions will remain in full force and effect. All sections of these Terms that by their nature should survive termination will survive termination, including, without limitation, restrictions on use, indemnification obligations, warranty disclaimers, and limitations of liability. No waiver by SKYX of any breach or any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of SKYX.