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Terms of Service



Glimpse LLC (doing business as "Skylight"), a Delaware Limited Liability Company ("Skylight", "we" or "us")
Last updated: December 3rd, 2024. Prior Version here.

Please read the following Terms of Service (these "Terms") carefully. These Terms form an agreement between You and Glimpse LLC (doing business as "Skylight"), a Delaware Limited Liability Company ("Skylight", "we" or "us"). THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

THESE TERMS SET FORTH BELOW "TERMS" GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.SKYLIGHTFRAME.COM, OURSKYLIGHT.COM, THE SKYLIGHT APP, ANY OTHER WEBSITE, APPLICATION OR OTHER DIGITAL SITE THAT WE OWN, CONTROL OR OPERATE (EACH A "SITE" AND TOGETHER THE "SITES"), AND THE SKYLIGHT PRODUCTS INCLUDING THE FRAMES AND CALENDARS, AS WELL AS OUR OTHER OFFERINGS INCLUDING SIDEKICK, SKYLIGHT PLUS AND ANY OTHER PRODUCTS, SERVICES, SUBSCRIPTIONS OR PROPERITIES THAT SKYLIGHT MAY OFFER FROM TIME TO TIME (COLLECTIVELY, THE "PRODUCTS AND/OR SERVICES" AS THE CONTEXT REQUIRES). BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM A SITE AND/OR REGISTERING A PRODUCT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITES OR THE PRODUCTS AND/OR SERVICES OR ANY INFORMATION CONTAINED HEREIN OR THEREIN. YOUR USE OF THIS SITE OR CLICKING "I AGREE" WHEN YOU REGISTER YOUR PRODUCT OR SIGN UP FOR A SERVICE, AS WELL AS THE CONTINUED USE THE PRODUCTS AND/OR SERVICES WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH HEREIN. SKYLIGHT MAY MAKE CHANGES TO THE CONTENT AND THE SERVICES OFFERED ON THIS SITE AT ANY TIME. SKYLIGHT MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE(S).

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM A SITE OR FROM US IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR SITES, PRODUCTS AND/OR SERVICES BY APPLICABLE LAW. YOUR USE OF THE PRODUCTS AND/OR SERVICES AND THE SITE(S) IS UNIQUE AND PERSONAL TO YOU AND MAY NOT BE USED FOR ANY COMMERCIAL PURPOSES.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS OF ANY KIND.

  1. Order Acceptance and Cancellation.

    You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Products or Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

  2. Prices and Payment Terms.

    1. All prices posted on the Sites are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
    2. The Site includes Products and/or Services for purchase. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We may also require that You purchase a subscription to use certain features of a Product and/or Services (a "Premium Membership"). By purchasing a Product, a Premium Membership or any other Services (each, a "Transaction"), You expressly authorize Skylight (or its third-party payment processor) to charge You for such Transaction.
    3. We accept credit cards and other methods of payment as listed on the checkout page. Skylight may ask You to provide additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that (i) the information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment company, and (iv) you will pay charges incurred by you at the posted prices, and including all applicable taxes, if any. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When You initiate a Transaction, You authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction You have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

  3. Shipments; Delivery; Title and Risk of Loss.

    1. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process.
    2. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

  4. Registration

    When You register your Product or for a Service, You will be asked to create your own profile, and additionally other portions of the Sites may provide you the opportunity to create a profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information You wish to disclose about yourself.

  5. General Use Restrictions

    1. Materials. Certain information, documents, materials and services provided on and through the Site(s), Products and/or Services, including content, logos, graphics and images (together, the "Materials") are made available to You by us and include copyrighted and/or trademarked work. Materials do not include Your Content (as defined below). Materials could include Third Party Content (as defined below) and the restrictions and limitations contained herein apply to Materials, whether Skylight's or Third Party Content.
    2. License. Skylight grants You a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use. Except for the license set forth in the preceding sentence above, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner other than for your own personal use as part of the Products and/or Services. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Materials. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site(s), any Materials, or the Products and/or Services.
    3. Restrictions. You are permitted to access and use the Products and/or Services and Skylight reserves the right to audit such use. You will be responsible for ensuring the security and confidentiality of all log-on identifiers, including usernames and passwords, assigned to, or created by, You in order to access or use the Products and/or Services (an "ID"). You accept that You will be solely responsible for all access and use of the Products and/or Services that occur under your ID and will promptly notify Skylight upon becoming aware of any unauthorized access to or use of the Products and/or Services. You will provide all reasonable assistance to Skylight to bring an end to such unauthorized access or use.
    4. Use Limits. You agree not to misuse the Products and/or Services. For example, You must not, and must not attempt to, use the Products and/or Services to do the following things: (i) probe, scan, or test the vulnerability of any system or network; (ii) breach or otherwise circumvent any security or authentication measures; (iii) access, tamper with, or use non-public areas of the Service, shared areas of the Service You have not been invited to, Skylight (or our service providers') computer systems; (iv) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Products and/or Services; (v) plant malware or otherwise use the Products and/or Services to distribute malware; (vi) access or search the Products and/or Services by any means other than our publicly supported interfaces (for example, "scraping"); (vii) send unsolicited communications, promotions or advertisements, or spam; (viii) send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"; (ix) publish anything that is fraudulent, misleading, or infringes another's rights; (x) promote or advertise products or Products and/or Services other than your own without appropriate authorization; (xi) impersonate or misrepresent your affiliation with any person or entity; (xii) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; (xiii) violate the law in any way, or to violate the privacy of others, or to defame others; or (xiv) modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any software or hardware.

  6. Privacy Policy

    We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.skylightframe.com/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of Products and/or Services and your interaction through the Sites, as well as through other means, including contacting customer service or interacting with us through our advertising or channels.

  7. Content

    As between You and Us, You will remain the owner of all rights (including all intellectual property rights) in all data, information or material provided by You or your Related Parties (as defined below) to Skylight through access to or use of the Products and/or Services (together "Your Content"). You grant Skylight a perpetual, irrevocable, non-exclusive, worldwide and royalty-free license, to use, reproduce, distribute, publish and publicly display the Content and the right to modify, adapt, translate, create derivative works from and/or incorporate the same into other works in any form, media or technology (whether now known or later developed), solely and exclusively for the purpose of providing the Products and/or Services to You and performing Skylight's obligations under this Agreement. You represent and warrant that You or your Related Party (as applicable) have all necessary rights, title and interest to provide to Us and to our third-party providers all of Your Content for use as provided in these Terms. This includes the right for Skylight to provide, assign and/or sub-license the same to any of its affiliates or service providers or sub-license to licensors, but only to the extent required by Skylight to provide the Products and/or Services and perform its obligations under this Agreement.

    For the avoidance of doubt, no media that you share with Skylight in accordance with the foregoing, and including any derivative works thereof, will be used for marketing or other purposes unrelated to your use of the Products and/or Services, without your express permission.

    You agree You will not, and will not allow any Related Party to, upload, post or otherwise make available through any Product or Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such right, and the burden of determining whether any of Your Content is protected by any such right is on You. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any of Your Content that You make. You represent and warrant that: (i) You own all of Your Content or otherwise have all rights necessary to provide to Skylight (via the Products and/or Services or Site(s), set forth in this section; and (ii) the providing of Your Content through the Products and/or Services do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing to any person by You, your Related Parties or by Skylight or any third party provider in connection with Your Content.

  8. Products and/or Services Modifications and Updates

    The Products and Services are primarily for the display of Your Content in digital form in Skylight products. Skylight reserves the right to make enhancements or other modifications to the Products (including via software updates) and/or Services from time to time, without materially detracting from their overall functionality. Skylight may allow or require you to download updates or patches onto your Skylight Products. Certain updates may be required to continue use of Skylight Products and Services. You consent to Skylight automatically installing available updates to Skylight Products and Services. Failure to install available updates may render Skylight Products and/or Services unusable.

  9. Suspension of Services

    Skylight may temporarily suspend (in whole or part) access to the Services: (i) for the purpose of performing maintenance and/or of updating the Services (whether on a scheduled or unscheduled basis); (ii) due to a security threat or prejudicial use of the Services (perceived or actual); (iii) to comply with any applicable law or the requirement of any Internet or, if applicable, telecommunication networks service provider upon whom Skylight relies for the provision of the Services; (iv) to address, remedy or prevent any breach of this Agreement by You; or (v) to minimize any period of interruption and restore the Services as soon as reasonably possible, except where the cause of suspension arises from your breach and You have failed to take the necessary steps to remedy the breach.

  10. Third Party Providers

    1. Certain information and other content appearing in the Products and/or Services may be the material of third party licensors, users or suppliers to Skylight ("Third Party Content"). Third Party Content does not include Your Content. You acknowledge and agree that under these terms alone You have no right to download, cache, reproduce, modify, display, edit, alter or enhance any of the Third Party Content in any manner unless You have permission from the owner of the Third Party Content. Third Party Content is provided "as is" without any representations or warranties.
    2. Third parties may also provide services that Skylight utilizes in providing the Products and/or Services and the Sites to You. These third parties may, for example, ensure that any photos sent to you by Related Parties are not suspicious or pornographic. These third party services are provided "as is" without any representations or warranties by Skylight.
    3. You have the ability to receive content from third parties for inclusion in the Products and/or Services, such as your friends and family, either by providing a Skylight account email to such third party, or by connecting one or more of your accounts with a Product or Service. Such third parties are your "Related Parties."

  11. Subscriptions

    1. Subscription Fee. If You purchase a subscription Service, for example the Skylight Plus membership (a "Subscription"), You will be charged a subscription fee, plus any applicable taxes and other charges ("Subscription Fee"), at the beginning of your subscription, and at the start of each billing period thereafter (e.g., monthly, quarterly or annually, whichever you have selected), at the then-current Subscription Fee amount. Skylight (or its third-party payment processor) will automatically charge You using the Payment Information You have provided until You cancel your Subscription. If You have a Subscription, we will send You a reminder at least three (3) days prior to each renewal with the then-current Subscription Fee amount. We reserve the right to change our Subscription Fee pricing. At our sole discretion, we may offer a free trial to a subscription Service, which terms and length of free trial shall be provided at the time of the offering; provided, that notwithstanding a zero-fee, a payment method may be required to receive such free trial.
    2. Cancellation. You may cancel your Subscription at any time, contacting our support team at help@skylightframe.com and selecting or including the words "Cancel Subscription." Skylight will refund to You the unused, pre-paid amount of your Subscription Fee on a pro-rated monthly basis. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred until Skylight receives written notice of your cancelation as set forth above. You may also cancel or delete your account with Skylight, which will also delete your data. You can export your data prior to cancellation in order to avoid the loss of your data.

  12. Feedback; Beta Features; Statistics

    1. You may, during the Term, provide Skylight with feedback, whether oral and/or written related to your use of the Products and/or Services, or the Site(s), or any other Skylight product or service, including, but not limited to, a report of any errors which You may discover. User Content is expressly excluded from Feedback. Such reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to Skylight concerning the Products and/or Services, Site or any other Skylight product or service and any information reported automatically through the Products and/or Services to Skylight ("Feedback") will be the property of Skylight. You agree to assign, and do hereby assign, all rights, title and interest worldwide in the Feedback, and the related intellectual property rights, to Skylight and agree to assist Skylight, at Skylight' expense, in perfecting and enforcing such rights.
    2. We may provide to You access to certain features, functions, products or services that are not yet generally available, including, but not limited to, any products, services, features or features labeled "beta", "preview", "pre-release", or "experimental", and any related content ("Beta Features"). Beta Features may come with additional terms and conditions and if you utilize such Beta Features, you agree to be bound by such terms and conditions. Beta Features are provided "AS IS" without any representations, warranties or indemnities. We may cease providing Beta Features to You at any time. We may solicit specific feedback from you regarding your use and evaluation of Beta Features. Notwithstanding anything to the contrary in these Terms, after suspension or termination of your access to or use of any Beta Feature for any reason, (a) You will not have any further right to access or use the applicable Beta Feature, and (b) your data or Your Content used in the applicable Beta Service may be deleted or become inaccessible.
    3. Notwithstanding anything contained herein to the contrary, Skylight may use Statistics for the modification, enhancement, and improvement of the Products and/or Services, and may use Statistics for the marketing or promotion of Skylight, the Products and/or Services or any future product or service offering, provided any such use of Statistics cannot reasonably be identified as your aggregate information alone. The term Statistics means any anonymous data, and expressly excluding personally identifiable data, that Skylight derives through its Site and performance of the Products and/or Services.

  13. Links to Third Party Sites

    The Site may contain hyperlinks to web sites that are not controlled by Skylight. You acknowledge and agree that Skylight is not responsible for and does not endorse or accept any responsibility over the content or use of these web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these web sites. You further understand that such third-party sites and Third Party Products and/or Services are governed by separate terms of use, privacy policies and similar agreements and You agree to be bound by the terms and conditions of such agreements. Your dealings with other entities promoted on or through the Products and/or Services, including payment and delivery of related goods or Products and/or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Skylight will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities through the Products and/or Services.

  14. Unauthorized Activities

    Certain use of the Products and/or Services or Third Party Content, or use in violation of these, or related, Terms may violate certain laws and regulations. You agree to defend, indemnify and hold Skylight and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that Skylight or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on Your Content and/or your use of the Products and/or Services or Third Party Content or the use by any person, using your user name and/or password, that violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Skylight may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Skylight' discretion, Skylight will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, the Products and/or Services or on the Internet.

  15. Proprietary Rights

    Neither this Agreement nor any provision herein transfers ownership or any license not expressly granted herein, from Skylight to You of any Skylight intellectual property right of any kind whatsoever including, but not limited to, any Products and/or Services or the Site, and all right, title and interest in and to the foregoing and Skylight' legally protectable methods, processes, systems, operations, network or customer support methodology or technology, or any other technology of any kind whatsoever and all intellectual property rights therein will remain solely with Skylight.

  16. Termination

    Though we'd much rather You stay, You can stop using our Products and/or Services anytime as further described in Section 11.2. Additionally, We reserve the right to suspend or end the Products and/or Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if You are not complying with these Terms, or use the Products and/or Services in any way that would cause us legal liability or disrupt others' use of the Products and/or Services. If we suspend or terminate your use, we will try to let You know in advance and help You retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

  17. Warranties

    1. Skylight Hardware Limited Warranty. Skylight may offer a warranty(ies) for its physical Product(s) and/or included software, which, if provided, are included in the packaging of such physical Product(s). Such warranties are for the benefit of the original purchaser only.
    2. Refund and Replacements Policy as Limited Remedy. As your sole and exclusive remedy to a breach of any warranty express or implied, in the event that You are not fully satisfied with the Product or you are having technical difficulties with the Product, we offer the option for a replacement or full refund within 120 days of purchase. If You prefer a refund, we may request that the Product be returned to us within 30 days of such request. Our customer service team will provide a pre-paid shipping label so you do not incur additional costs. After 120 days of purchase, we will consider replacements and refunds on a case-by-case basis.
    3. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You. This warranty gives You specific legal rights, and You may also have other rights which vary by jurisdiction and which are not varied by this clause to the extent that doing so would breach such applicable law.
    4. Disclaimer of Warranty for Services. Skylight will use commercially reasonable efforts to correct any discovered defects in the Services. However, to the maximum extent permitted by applicable law, Your access to and use of the Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and You bear the entire risk of using the Services and any interactions with other users. Our Services are provided on an "AS IS" and "AS AVAILABLE" basis and, to the maximum extent permitted by applicable law, we do not represent, warrant, or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to the longer of thirty (30) days from the date of your first use or the minimum duration allowed by law.
    5. Disclaimer of Third Party Content and Related Party content. Disclaimer of Third Party Content and Related Party content. Skylight expressly disclaims all warranties relating to any Third Party Content and any content provided by any Related Party, which is provided, "as is". You accept all risk with respect to such content.

  18. Limitation of Liability

    1. Exclusion of Consequential Damages and Limit of Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, SKYLIGHT WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR PRODUCTS AND/OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, OR PRODUCTS AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS OR PRODUCTS AND/OR SERVICES, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO SKYLIGHT FOR THE PRODUCT GIVING RISE TO THE CLAIM, (B) THE AMOUNT YOU HAVE PAID TO SKYLIGHT FOR YOUR SKYLIGHT PLUS MEMBERSHIP GIVING RISE TO THE CLAIM IN THE IMMEDIATE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR (C) ONE HUNDRED FIFTY-NINE U.S. DOLLARS (US$159).
    2. Allocation of Risk. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATION OF LIABILITY AND SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

  19. Goods Not for Resale or Export.

    You represent and warrant that you are buying Products and/or Services for your own personal or household use only, and not for resale or export.

  20. Dispute Resolution and Binding Arbitration Provision.

    1. YOU AND SKYLIGHT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 20. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
    3. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    4. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
    5. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SKYLIGHT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
    6. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

    Skylight Customer Service Center Address

    Glimpse LLC (dba Skylight)

    ATTN: LEGAL/ARBITRATION

    101A Clay St #144

    San Francisco, California 94111

    help@skylightframe.com

  21. Force Majeure

    Neither party will be liable to the other for any breach of this Agreement which arises because of any circumstances which the defaulting party cannot reasonably be expected to control (which shall include but not be limited to, any act of god, fire, casualty, flood, war, labor disputes, governmental action, failure of public services, interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing but, for the avoidance of doubt, shall not include shortage or lack of available funds, provided it promptly notifies the other party of such circumstances. If performance has been interfered with, hindered, delayed or prevented for a period in excess of ninety (90) days, the party whose performance is not affected may terminate this Agreement immediately by written notice to the other party.

  22. General

    These Terms constitute the entire and exclusive agreement between You and Skylight with respect to the Products and/or Services, and supersede and replace any other agreements, terms and conditions applicable to the Products and/or Services. These Terms create no third party beneficiary rights. Skylight's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Skylight may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Products and/or Services. Skylight and You are not legal partners or agents; instead, our relationship is that of independent contractors. The Sites are operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

  23. Electronic Communications

    The information communicated on this Website constitutes an electronic communication. When You communicate with Skylight through the Website or other forms of electronic media, such as e-mail, You are communicating with Skylight electronically. You agree that Skylight, on behalf of itself and others who may be involved with delivering the Products and/or Services (as applicable), may communicate electronically by e-mail and/or may make communications available to You by posting them on the Website, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Skylight. Notices and communications to Skylight must be sent to the applicable address given in these Terms or to; help@skylightframe.com.

  24. Notice for California Users

    Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of Glimpse LLC, d/b/a/ Skylight is currently located at 101A Clay St #144, San Francisco, California 94111, USA, phone (415) 233-6761. The charges for the Products and/or Services are specified on the Site. If You have a complaint regarding the Products and/or Services or want to request a paper copy of these Terms, please contact Skylight by writing to the address above, or by e-mail at help@skylightframe.com, or by calling (415) 233-6761. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.