Terms of Use

Shelton-Keller Group, Inc. d/b/a SKG, a Texas Corporation and its technology licensors (collectively, “SKG”, “we”, “us”, or “our”) operates a website located at www.skgtexas.com (including all portions and extensions thereof, the “Site”), which Site also includes potential access to a technology, workspace design, and project management logistics platform (the “Platform”). The Site and the Platform include content accessible on or through the Site and the Platform that allows clients, designers and end-users to quickly perform complex product searches and design exercises across many manufacturers and to engage and receive other services from SKG (“Service”). As used herein, “Manufacturer” refers to a manufacturer, vendor, representative or supplier of products visible on the Site. “Visitor”, “you” or “your” refers to a user of the Site, whether or not the user has registered. “User” refers to a user of the Platform that has registered to have access to the Platform, which access and use is governed by the Terms of Use applicable to the Platform. These Terms of Use apply to all Visitors and Users with respect to the Site.

YOU WILL NOT TRY TO DOWNLOAD ANY CONTENT FROM THE SITE IN THE AGGREGATE OR OTHERWISE SCRAPE THE SITE FOR ANY CONTENT THAT IS ON IT OR TRY TO CREATE A LINK OR OTHERWISE LINK OVER FROM YOUR WEBSITE OR WEB PAGE TO THE SITE WITHOUT THE PRIOR WRITTEN CONSENT OF SKG.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE SITE. THESE TERMS OF USE COVER IMPORTANT INFORMATION ABOUT THE SITE AND, IF APPLICABLE, CERTAIN SERVICES PROVIDED TO YOU AND ANY CHARGES, TAXES, AND FEES SKG BILLS YOU. THESE TERMS OF USE INCLUDE INFORMATION ABOUT FUTURE MODIFICATIONS, EXPORT CONTROLS, AUTOMATIC RENEWALS, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.

THE SITE AND THE SERVICES ARE NOT DIRECTED TO, AND ARE NOT INTENDED TO BE USED BY, PERSONS AND ENTITIES OPERATING OUTSIDE OF THE UNITED STATES OR CANADA (THE “TERRITORY”), INCLUDING, WITHOUT LIMITATION, THOSE PERSONS OR ENTITIES IN, OR LOCATED WITHIN, THE EUROPEAN UNION (“EU”). SKG’S GRANT OF ACCESS IS PREMISED ON THE UNDERSTANDING THAT THE VISITOR AND USER IS NOT OPERATING OUTSIDE THE TERRITORY, INCLUDING, WITHOUT LIMITATION, OPERATING WITHIN THE EU.

MORE SPECIFICALLY WITH RESPECT TO THE EU, YOU ACKNOWLEDGE THAT SKG (I) IS NOT LOCATED IN ANY COUNTRY IN THE EU NOR IS IT COLLECTING DATA FROM ANY EU CITIZEN IN ANY COUNTRY IN THE EU, (II) IS NOT INTENDING TO MARKET AND SELL TO EU CITIZENS IN ANY COUNTRY IN THE EU, AND (III) IS NOT TRYING TO MONITOR THE ACTIVITY OF ANY EU CITIZENS IN ANY COUNTRY IN THE EU. ANY PERSON WHO ATTEMPTS TO ACCESS THE SITE FROM SUCH AREA IS NOT CONSIDERED AN AUTHORIZED VISITOR OR USER OF THE SITE AND SKG DISCLAIMS ALL LIABILITIES OR CLAIMS RELATED TO SUCH PERSON’S POTENTIAL UNAUTHORIZED ACCESS TO THE SITE.

BY ACCESSING THE SITE, AND BY APPLYING FOR REGISTRATION TO THE PLATFORM THROUGH THE SITE, YOU SPECIFICALLY WARRANT THAT YOU ARE NOT OPERATING OUTSIDE OF THE TERRITORY, INCLUDING, WITHOUT LIMITATION, OPERATING IN, OR LOCATED WITHIN, THE EU. IF YOU ARE OPERATING OUTSIDE OF THE TERRITORY, INCLUDING, WITHOUT LIMITATION, OPERATING IN, OR LOCATED WITHIN, THE EU, THEN YOU SHOULD NOT USE THE PLATFORM, THE SITE OR THE SERVICES. FURTHER, IF YOU LEARN THAT YOU ARE OPERATING OUTSIDE OF THE TERRITORY, INCLUDING, WITHOUT LIMITATION, OPERATING WITHIN THE EU, YOU ARE REQUIRED TO NOTIFY SKG AND CEASE USING THE SERVICES, THE SITE AND THE PLATFORM.

BY BEING A VISITOR TO THE PORTION OF THE SITE THAT IS OFFERED OUTSIDE OF THE PLATFORM AND THE SERVICES AND AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH ALSO INCLUDES TERMS AND CONDITIONS APPLICABLE TO THE SITE AND, IN COME CASES, THE PLATFORM FOR ALL VISITORS AND USERS AND INCLUDES THE “PRIVACY POLICY”, “COPYRIGHT POLICY” AND “ACCESSIBILITY POLICY” RELATED TO THE SITE. THESE TERMS OF USE AND OTHER FOREGOING POLICIES SET OUT THE LEGALLY BINDING TERMS FOR USE OF THE SITE AND, WHERE APPLICABLE, THE PLATFORM AND SERVICES, AND ARE REQUIRED TO BE AGREED TO UPON REGISTERING AS A VISTOR OF THE SITE OR A USER OF PLATFORM AND THE SERVICES.

BY CHOOSING TO SUBMIT A REGISTRATION APPLICATION AS A USER OF THE SITE, THE PLATFORM AND/OR THE SERVICE, YOU FURTHER AGREE TO BE BOUND BY ALL SERVICE TERMS OR SKG POLICIES RELATED TO YOUR USE OF THE SITE, THE PLATFORM OR THE SERVICES AS REGISTERED USER, WHICH TERMS AND CONDITIONS MAY BE PRESENTED TO YOU FROM TIME TO TIME.

Modifications to the Terms of Use.

SKG may modify these Terms of Use (or any part thereof, including without limitation our ability to charge a fee in respect of the Services, and the amount of such fee) from time to time, and, to the extent permitted under applicable law, such modification shall be effective upon the posting of such change by SKG on the Site.

If you are a Visitor to the portions of the Site outside of the Platform and Services, under the terms of these Terms of Use, you agree to be bound to any changes to these Terms of Use that are applicable to you when you use such portions of the Site.

Site Use - Terms and Conditions

1. Operator.

The Platform, the Site and the Service is operated by SKG.

2. Purpose of the Site and the Platform.

FOLIO is an online application with an intended purpose of product discovery, education, research, sourcing, project management, e-commerce and for other purposes as offered but not explicitly described. The Site allows Visitors to learn about the Platform and the Site in order to decide whether they wish to register as a User and allows registered Users only to use the Services offered on the Platform and the Site (i.e. the ability to quickly perform complex product searches and design exercises across a large catalog of products from many manufacturers and vendors and to engage and receive other services from SKG). Using the Platform and the Site, registered Users may engage in a variety of ways.

To access the Platform and the Site, you must be at least 18 years of age. In this respect, you represent and warrant that you are 18 years of age or older, and that your use of the Site and the Platform shall not violate any applicable law or regulation.

3. Availability.

SKG uses reasonable efforts to make the Site and Platform available 24 hours a day and seven days a week; however, there will be instances when the Platform and the Site and therefore, the Service, where applicable, will be interrupted for maintenance, upgrades or emergency repairs or due to reasons beyond the control of SKG, including without limitation, failure of telecommunications lines, links and equipment. Although SKG will make every reasonable effort to minimize such issues where it is within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, you agree that SKG will not in any way be liable or responsible to you for any such modification, suspension, or disruption of the Platform, the Site or, where applicable, the Service.

4. Conduct.

You agree that you shall not (i) interfere or disrupt (or attempt to interfere or disrupt) the Site or the Platform or, where applicable, the Service, or servers or networks hosting or connected to the Site or the Platform or, where applicable, the Service, or to disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Platform or, where applicable, the Service; (ii) provide any information to SKG that is false or misleading, or results in a false or fraudulent representation, that attempts to hide your identity, or that you do not have a right to disclose; (iii) attempt to resell the Site, the Platform or, where applicable, the Service or any portion of the same; (iv) create a link, or otherwise link over from your website or web page, to the Site or the Platform; or (v) try to download any content from the Site or the Platform in the aggregate, otherwise scrape the Platform for content, or reverse engineer or decompile the Site or the Platform.

5. Visitor Registration.

We reserve the right to decline a registration request from any visitor in our sole discretion for any reason.

6. Trademarks.

“Shelton-Keller Group”, the “SKG” logo, the “FOLIO” logo, the tag lines “Space to Work” & “Space to Be” and other names and logos of Shelton-Keller Group programs are trademarks of SKG and/or its licensing partners in the United States and other countries. All other company names, logos, and trademarks mentioned on the Site or the Platform are the property of their respective owners. Nothing on the Site or the Platform or in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any names, logos, trademarks, or other intellectual property displayed on the Site or the Platform. You acknowledge that SKG will aggressively enforce its intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

7. Proprietary Rights in SKG Content on the Site and the Platform.

As between you and SKG, SKG and its suppliers, including, without limitation, its Manufacturers, Vendors and licensors, own and retain all proprietary rights in the Site, the Platform and the Service. The Site and the Platform contain copyrighted material, trademarks, and other proprietary content and information of SKG and its Manufacturers, Vendors and licensors (such materials and content includes, but is not limited to, the design, layout, artwork, and other elements of the Site and the Platform and any text, audio, video, logo, information, data, software, documentation, services, downloads, or any other similar materials contained on the Site or the Platform (“SKG Content”) and is protected by copyright and other intellectual property laws, international treaties and other intellectual property rights.

You may view the Site or the Platform as it is made available to You and, where expressly permitted, download certain information for your own personal and informational use, provided that: (i) you do not modify the SKG Content, (ii) you retain all copyright and propriety notices originally contained in the SKG Content on any copies; and (iii) you otherwise comply with any restrictions or use requirements with respect to the SKG Content. You understand that, among other things, you shall not try to download any SKG Content from the Site or the Platform in the aggregate or otherwise scrape the Site or the Platform for SKG Content.

In this respect, the SKG Content may include digital rights management, security, and anti-tampering related features that, if triggered, may result in SKG Content that was previously available for use being unavailable thereafter. Further, you may not use, reproduce, display, post, transmit, or distribute any materials contained on the Site or the Platform, including any SKG Content, for any: (a) reproduction or promotional use rights in the SKG Content; or (b) commercial sale, resale or distribution purposes. Except for that information for which you have been given written permission or for which you have been provided specific rights as specified in these Terms of Use, you may not download, copy, modify, publish, transmit, distribute, perform, display, or sell any such SKG Content. Nothing in these Terms of Use shall be construed as granting any license or right to use the Site or the Platform or any materials contained on the Site or the Platform, including any SKG Content, except as expressly provided herein or elsewhere on the Site or the Platform. You acknowledge that SKG and its suppliers, including, without limitation, its Manufacturers, Vendors and licensors, will aggressively enforce its intellectual property rights with respect to the SKG Content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

You may encounter SKG Content on the Site or the Platform that you may find objectionable. You acknowledge and agree that the views expressed on the Site or the Platform do not necessarily reflect the views of SKG, and SKG does not support or endorse any content or materials. Further, no information presented on the Site or the Platform is intended to be construed as, or a substitute for, professional advice.

8. Limited Use by Visitors and/or Users.

The Site and the Platform are solely for the internal use of visitors, and once registered, Users, in the User-only Areas of the Site and the Platform, and may not be used in connection with any other commercial endeavors, except those that SKG specifically and expressly endorsed or approved in writing. Illegal and/or unauthorized use of the Site or the Platform, including, but not limited to, collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the Site or the Platform, is prohibited and will be investigated. SKG will take appropriate legal action for any illegal or unauthorized use.

9. Third-Party Links.

The Site and the Platform may from time to time provide links that will take you to other third-party websites, including, without limitation, websites owned and operated by participating Manufacturers and Vendors. Any such links are provided solely as a convenience to Visitors or Users. SKG has no control over these websites or their content and does not assume any responsibility or liability for these websites or their content. SKG does not endorse or make any representations about these websites, or any information, materials, or products found on such websites. If you access any of the third-party websites linked on the Site or the Platform, you do so at your own risk, and you agree that SKG shall not be liable for any loss or damage that you may suffer by using any of these other websites or engaging any of the opportunities offered by participating Manufacturers.

10. Third-Party Materials on the Platform.

The Platform and the Site may contain certain third-party products. Any such products are provided solely as a convenience to our visitors and Users. SKG does not claim to have tested or evaluated these products and does not endorse or make any representations about these products. If you use any of these third-party products or services referenced in these materials, you do so at your own risk. In no event shall SKG be liable for any loss, claim, damages, or costs that may arise in connection with your use of these third-party products or services.

11. Inaccurate Material on the Site and the Platform.

A POSSIBILITY EXISTS THAT THE PLATFORM, THE SITE OR ANY SKG CONTENT COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS, AND ALTERATIONS COULD BE MADE BY UNAUTHORIZED THIRD PARTIES. ALTHOUGH SKG ATTEMPTS TO ENSURE THE INTEGRITY OF THE PLATFORM, THE SITE AND ANY SKG CONTENT ON IT, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE COMPLETENESS, CORRECTNESS, OR ACCURACY OF ANY OR SKG CONTENT ON THE PLATFORM OR THE SITE. IN THE EVENT THAT SUCH AN INACCURACY ARISES, PLEASE INFORM US SO THAT IT MAY BE CORRECTED.

12. Testimonials.

The Platform may post certain User comments containing information in the form of opinions that, unless otherwise stated therein, should not be construed as official expressions of SKG. SKG does not warrant, either expressly or by implication, the factual accuracy of the comments posted, nor does it adopt any statement as its own, or warrant any opinions offered. SKG cannot guarantee that such statements are reliable and accurate and SKG accepts no fault or liability for any error or omission with respect to the same.

13. Articles/Blogs.

The Platform and the Site may from time-to-time post articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from SKG or official expressions of SKG. SKG does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. SKG cannot guarantee that such statements are reliable and accurate and SKG accepts no fault or liability for any error or omission with respect to such articles.

14. Unauthorized Use of the Platform or the Site.

With respect to the Platform and the Site, You may not: (i) upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; (ii) "Stalk" another visitor or User; (iii) upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonate any person or entity, including, but not limited to, a SKG official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (vii) upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information; (viii) act in a manner that negatively affects other users' ability to engage and use any aspect of the Site, the Platform or Service; (ix) intentionally or unintentionally violate any applicable local, state, provincial/territorial, national or international law; and/or (x) harvest, collect or store information about the users of the Site, the Platform or the Service posted by others or use such information for any purpose inconsistent with the purpose contemplated hereunder.

15. Privacy.

PLEASE REVIEW THE SKG "PRIVACY POLICY". THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED PART OF, THESE TERMS OF USE.

16. Website for Specified Territory Only; International Use Limited.

PLEASE NOTE THAT THE PLATFORM AND THE SITE IS BASED IN THE APPLICABLE TERRITORY AND IS HOSTED ON SERVERS LOCATED IN THE UNITED STATES. IF YOU USE THE SITE OR THE PLATFORM OR, WHERE APPLICABLE, THE SERVICE FROM OUTSIDE THE TERRITORY, PLEASE NOTE THAT YOUR INFORMATION MAY BE TRANSFERRED TO AND MAINTAINED ON COMPUTERS AND SERVERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE/TERRITORY, COUNTRY, OR OTHER GOVERNMENTAL JURISDICTION, WHERE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. YOUR CONSENT TO THE TERMS OF USE AND PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF INFORMATION TO SKG REPRESENTS YOUR AGREEMENT TO THE TRANSFER OF SUCH INFORMATION TO THE UNITED STATES AND THE HANDLING OF YOUR INFORMATION CONSISTENT WITH THE TERMS OF USE AND THE PRIVACY POLICY AND APPLICABLE UNITED STATES LAW.

SKG makes no representation that the Site, the Platform or, where applicable, the Service or any aspect thereof will be available or appropriate for use in locations outside of the Territory. Those who choose to access the Site or the Platform or, where applicable, the Service from locations outside the Territory do so at their own risk and are responsible for compliance with local laws and regulations.

Visitors and Users are responsible for compliance with all United States and Canadian export laws and regulations when such visitor or User exports any products, services, content or materials provided through the Platform, the Site or, where applicable, the Service.

17. Copyright Policy.

If you believe that SKG has acted in violation of your copyright rights, please contact us pursuant to the terms of our “Copyright Policy,” the terms of which are incorporated into, and considered part of, these Terms of Use.

18. Governing Law and Jurisdiction.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules. You agree to first contact SKG at 6301 East Stassney Lane, Bldg 9-100, Attention: Chief Financial Officer, regarding any dispute, claim, or controversy involving SKG or any of its agents, assignees, affiliates, licensors, licensees, successors in interest, legal representatives, members, directors, officers, employees and affiliates (hereinafter, the “Released Parties”) arising out of or related to your use of the Site, the Platform or, where applicable, the Service, or these Terms of Use.

Except in the case where SKG needs to enforce its rights with injunctive relief as specified below, You and SKG agree to submit to the personal and exclusive arbitration of any such disputes, claims, or controversies, under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in the State of Texas. You covenant not to sue SKG and/or any other Released Parties in any other forum for any disputes, claim, or controversies arising out of or relating to the use of the Site, the Platform or, where applicable, the Service, or these Terms of Use.

For injunctive relief, You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site or the Platform and, where applicable, the Service shall be filed only in the state or federal courts located in Austin, Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Platform and, where applicable, the Service, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Class Action Waiver.

You and SKG agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, private attorney general action, or similar action.

20. Jury Trial Waiver.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Platform, the Site or where applicable, the Service, or these Terms of Use:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A JURY. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS ACTION, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE, AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, OR IT IS FOREVER BARRED.

21. Warranty Disclaimer.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE SITE OR THE PLATFORM IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SKG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE OR THE PLATFORM. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE, THE PLATFORM OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY SKG CONTENT.

22. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, AND STRICT LIABILITY IN TORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM, OR ARISING OUT OF, (I) THE USE OR INABILITY TO USE THE PORTION OF THE SITE OR THE PLATFORM OFFERED OUTSIDE OF THE SERVICE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE OR THE PLATFORM OFFERED OUTSIDE OF THE SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE PLATFORM OFFERED OUTSIDE OF THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OUTSIDE OF THE SERVICE, OR (V) ANY OTHER MATTER RELATED TO THE SITE OR THE PLATFORM OR INFORMATION PROVIDED THROUGH THE SITE OR THE PLATFORM OUTSIDE OF THE SERVICE, EVEN IF SKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU. IN THIS RESPECT, THE MAXIMUM LIABILITY FOR DAMAGES OF SKG FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE OR THE PLATFORM OUTSIDE OF THE SERVICE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).