Terms Of Service

Welcome to Skafos Consulting LLC
The following Terms of Service (“TOS”) are between you and SW Development LLC and constitute a legal agreement that governs your use of the Skafos Consulting LLC product, software, services and website, as more fully described at Skafos Consulting LLC (IT Consulting) collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: (a) actually using the Service, or (b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, you may not use the Service. You should print or otherwise save a copy of these TOS for your records.

What personal data we collect
Skafos Consulting LLC (“Skafosconsulting.com”) owns and operates this Website. This document governs your relationship with Skafos.org (“Website”). Access to and use this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the “Linked Sites”), which are not operated by Skafos Consulting LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use them. Your use the Linked Sites will be subject to the terms of use and service contained within each such site.
Your Privacy
It is SKAFOS CONSULTING’s policy to respect your privacy about any information we may collect while operating our website. This Privacy Policy applies to www.skafosconsulting.com (hereinafter, “us”, “we”, or “www.skafosconsulting.com”). We respect your privacy and are committed to protecting personally identifiable information you may give us through the Website. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected on our Website, how we use this information, and under what circumstances we may show the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
AGREEMENT TO TERMS
These Terms of Use enact a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SKAFOS CONSULTING (“we,” “us” or “our”), about your access to and use the www.skafos.org website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST stop USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated here by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically read these Terms of Use to stay informed of updates and changes that we may make to this website. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. so, those persons who choose to reach the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction where they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or
guardian read and agree to these Terms of Use prior to you using the Site.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for
your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to use and use the Site and to download or print a copy of any part of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
User Representations
By using the Site, you represent and permit that: (1) all registration information you submit will be true, correct, current, and complete; (2) you will keep up the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use the Site will not violate any applicable law or regulation. If you give any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or end your account and refuse any and all current or future use the Site (or any part thereof).
User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use your account and password. We reserve the right to remove, reclaim, or change a username you select if we decide, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Get around, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use the Site and/or the Content contained therein.
4. Engage in unauthorized framing of or linking to the Site.
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6. Make improper use our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Site with the aim to harass, abuse, or harm another person.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any part of the Site.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any part of the Site to you.
15. Cut the copyright or other proprietary rights notice from any Content.
16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
17. Upload or send (or attempt to upload or to send) viruses, Trojan horses, or other material, including excessive use capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
18. Upload or send (or attempt to upload or to send) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other
software. 20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
21. Use the Site in a way inconsistent with any applicable laws or regulations.
22. The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.23. As part of it’s diagnostic process, Skafos Consulting agrees to use its best commercial knowledge and ability to decide the chance of and, where possible, the volume of recoverable data from the client’s media.
All Fixed Price Quotations offered by Skafos Consulting are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.
24. All prices quoted by representatives of Skafos Consulting are exclusive of TAX (now 7% of the total amount payable).
25. Skafos Consulting agrees to only use authorized data recovery engineers, and that all media supplied to Skafos Consulting will be stored in a secure way at one of it’s, or it’s affiliates premises.26. All data recovered from a client’s media is stored on secure severs by the Data Protection Act 1998. Any Confidential Information disclosed by Customer under this agreement will remain the owner’s sole property, and Skafos Consulting shall employ reasonable measures to prevent the unauthorized use Customer Information, which measures shall not be less than those measures employed by Skafos Consulting in protecting it’s own confidential information.
26. Due to the nature of data recovery and conversion, our technicians may be required to carry out physical work on the media/data/equipment made available to Skafos Consulting. therefore, the client acknowledges that (a) the media/data/equipment may already be damaged or corrupted, (b) data recovery efforts may result in further damage to the media/data/equipment (c) the media/data/equipment warranties may become void, and (d) Skafos Consulting is not responsible for this or any other type of damage.
27. The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery. Any claims for shortfall in delivery of goods, or claims that the goods do not comply with the order agreed with Skafos Consulting, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Skafos Consulting.29. Skafos Consulting will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Skafos Consulting will answer any queries about the recovered data and, if required, give further copies. On occasions, with the client’s consent Skafos Consulting, may retain a copy of your recovered data and/or digital-image beyond this point. In circumstances such as these, Skafos Consulting reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
Confidentiality
30. As part of its confidentiality policy, Skafos Consulting agrees not to show any/all information or data files supplied with, stored on, or recovered from client equipment except to employees, agents or affiliates of Skafos Consulting subject to confidentiality agreements or as required by law, without the consent of the client.31. Skafos Consulting agrees to only use authorized data recovery engineers, and that all media supplied to Skafos Consulting will be stored in a secure way at one of its premises or those of its affiliates. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.32. All data recovered from a client’s media is stored on secure severs by the Data Protection Act 1998.
Diagnostics and Recovery Processes
33. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of Skafos Consulting.34. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment made available to Skafos Consulting. therefore, the client acknowledges that:
a) the media/data/equipment is already damaged,
b)data recovery efforts may result in further damage to the media/data/equipment,
c) the media/data/equipment warranties may become void, and
d) Skafos Consulting is not responsible for this or any other type of damage.35. The client is aware that on occasions, Skafos Consulting may be required to use more media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adapters or connectors. Skafos Consulting reserves the right to charge the client more money for such media at an agreed cost.36. On rare occasions, Skafos Consulting may require the client to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of Skafos Consulting’s “no recovery, no fee” service. Please note that this charge as with all charges made by Skafos Consulting are not obligatory and the client may refuse this, and any other charge, and request the return of their media.37. Skafos Consulting agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the client’s media. Skafos Consulting makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Skafos Consulting and the client.38. Skafos Consulting reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use affiliate or parent company laboratory facilities. In these instances, Skafos Consulting will use a courier for the transport of the media or equipment. The client agrees that a) Data Recovery Specialists will assume the costs of this transportation and b) Skafos Consulting are not responsible for any damage or loss to any items transported as part of the overall aim to recover the client’s lost data.
Performance, Delivery & Carriage
39. Skafos Consulting agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r or a replacement hard drive. As part of its standard data recovery service Data Recovery Specialists now returns a maximum of 3GB of data on CD-ROM and 30GB of data on DVD-r. Skafos Consulting reserves the right to refuse to return, or charge the client an agreed amount for returning, data on these forms of media when the recovered data exceeds these limits. The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of Skafos Consulting.40. All data recovered by Skafos Consulting is returned to the client via a next day traceable service. Examples of this include, but not are limited to, UPS, or Fedex. However, other arrangements for the return of client’s data may be arranged. On occasions Skafos Consulting reserves the right to charge the client for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.41. Skafos Consulting holds no responsibility for delays caused as a result of the postal network. In these circumstances no compensation will be given for loss of profits, inconvenience etc., unless previously agreed by Skafos Consulting .42. The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery. Any claims for shortfall in delivery of goods or claims that the goods do not comply with the order agreed with Skafos Consulting, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Skafos Consulting.43. Skafos Consulting will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Skafos Consulting will answer any queries about the recovered data and, if required, give further copies. On occasions, with the client’s consent, Skafos Consulting may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Skafos Consulting reserves the right to charge a fee for duplicate copies of data, data storage, management and security.44. The client and Skafos Consulting agree that the sole and exclusive remedy for any unsatisfactory work shall be at Skafos Consulting’s discretion. Skafos Consulting reserves the right to either (a) try more attempts by Skafos Consulting’s engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.45. All media sent to Skafos Consulting for data recovery may be retained within one of its international offices for a period of up to fourteen days after completion of the data recovery service. As per our ‘Return Drive Policy’ you may request the return of your media within 28 days of us receiving your drive. The client understands that the delivery time frames provided are calculated from the date of recovery plus fourteen days. Please see our Return Drive Policy for full details.46. The client understands that all media which is returned via our free return service is provided by standard postal service and this service is non-traceable, Skafos Consulting holds no responsibility for any media lost or damaged within the postal network. The client understands that this is a 21-day service, calculated as indicated in 5.7. Our Return Drive Policy can be viewed in our Returns Policy on our website.47. The client understands that Skafos Consulting does not offer any guarantees or warranties of any kind and that the extent of any Skafos Consulting’s liability to the client is strictly limited to the fees you pay Skafos Consulting for its data recovery service.
Data Integrity
48. The client accepts that Skafos Consulting will not examine the contents of any file contained on the media supplied to them.49. Skafos Consulting gives an integrity percentage of any data recovered. This is an estimate only and is derived using specialist software that performs a file signature verification process. This is where the recovered files signatures are matched against their extension. This process does not guarantee the level of integrity and may vary depending on various factors including, but not limited to, the file type and whether or not it is encrypted. The percentage given is an estimate only.50. Skafos Consulting accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption or usefulness of the data recovered.51. Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by the client the recovery process is such that it is not specific, and the sale of data is generic and based purely on the amount of data recovered and the labor in recovering that data. therefore, should the client wish to know what files have been recovered they should request a file list from their account manager in writing or by email. This is the client’s responsibility and a file list will not be provided unless requested from Skafos Consulting in writing or by email by the client. The file list shows the files recovered. Data Recovery Specialists gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.
Legality
52. The client agrees that all media and its content provided to Skafos Consulting Data Recovery Specialists is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of the State of Georgia.
User Generated Contributions
The Site may invite you to chat, contribute to, or take part in blogs, message boards, online forums, and other functionality, and may give you with the opportunity to create, submit, post, display, send, do, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be view by other users of the Site and through third-party websites. As such, any Contributions you send may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and permit that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not, and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any way contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable person in your Contributions to use the name or likeness of each and every such identifiable person to enable inclusion and use your Contributions in any way contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, urge, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent way.
12. Your Contributions do not violate any federal or state law about child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and permit that you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, show, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly do, publicly display, reformat, translate, send, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your reputation and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or merge into other works, such Contributions, and grant and
authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you give. You waive all moral rights in your Contributions, and you permit that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us about your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more proper locations on the Site; and (3) to pre-screen or cut any Contributions at any time and for any reason, without notice. We have no obligation to check your Contributions.
GUIDELINES FOR REVIEWS
We may offer you areas on the Site to leave reviews or ratings. When posting a check, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to cut reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any check or for any claims, liabilities, or losses resulting from any check. By posting a check, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sub-license right and license to reproduce, change, translate, send by any means, display, do, and/or distribute all content on reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third- Party Account login information through the Site; or (2) allowing us to gain access to your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use each Third-Party Account. You represent and permit that you are entitled to show your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third- Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third- Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account other information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to check any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to cut any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby permit that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should check the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or on any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your buy of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you on or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) check the Site for violations of these Terms of Use; (2) take proper legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a way designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please check our Privacy Policy: https://www. Skafosconsulting.com/privacy policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or request information from children or knowingly market to children. therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will cut that information from the Site as quickly as is reasonably practical.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately tell us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to make sure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to buy. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND use THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY end YOUR USE OR PARTICIPATION IN THE SITE OR cut YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we end or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take proper legal action, including without limitation pursuing civil, criminal, and injunction redress.
TERMS CANCELLATION AND REFUND
REFUND & CANCELLATION POLICY Web Design Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Skafos Consulting LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Web Development Payments for custom web development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Skafos Consulting LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Search Engine Optimization, Internet Marketing and Social Media Optimization Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and Skafos Consulting LLC do not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by Skafos Consulting LLC in initiating services. If a project is cancelled or postponed, all monies paid are retained by Skafos Consulting LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Chargebacks If we receive a charge-back or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 charge-back fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the charge-back(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a charge-back, please contact us to discuss any billing issues. Requesting a charge-back or opening a PayPal dispute for a valid charge from us is fraud, and is never an proper or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment. Website Hosting Payments for past months of web hosting are non-refundable. Hosting accounts are set up when of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 15 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan buy, the value of the free services will be deducted from the refund amount. Skafos Consulting LLC reserves the right disable and/or end a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, change, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to change or stop all or part of the Site without notice at any time. We will not be liable to you or any third party for any change, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to do maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, stop, or otherwise change the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to get access to or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to keep up and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use the Site are governed by and construed by the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where proper, the AAA’s
Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where proper, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not give a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in COBB County, GA. Except as otherwise provided here, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, change, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in COBB County, GA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. If this provision is found to be illegal or unenforceable, then neither Party will choose to arbitrate any Dispute falling within that part of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions about informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or about the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunction relief. If this provision is found to be illegal or unenforceable, then neither Party will pick to arbitrate any Dispute
falling within that part of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that has typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE is provided ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR use THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND use
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR use OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH may be TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT permit, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE buy OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE proper.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR use THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED here, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $5,000.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE more RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties in these Terms of Use; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to tell you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will keep up certain data that you send to the Site for the purpose of managing the performance of the Site, as well as data on your use the Site. Although we do regular routine backups of data, you are solely responsible for all data that you send or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms enact electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we give to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE use ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint help Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445- 1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site enact the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision, and these Terms of Use and does not affect the validity and enforceable
of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
About a ticket or resolve a complaint about the Site or to receive further information about Skafos Consulting LLC and how to use the Site,
please contact us at:
Welcome to our Privacy Policy
Your privacy is critically important to us.
SKAFOS CONSULTING LLC is located at:
2727 Paces Ferry Rd Suite 720

 

 

 

 

 

 

 

 

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