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This End User License Agreement (this “EULA”) between you (“you,” “your,” or “user”) and SKYVIEW 1, Inc. and its subsidiaries, affiliates, agents, and assigns (collectively, “SKYVIEW 1”, “we,” “us,” or “our”) sets forth the terms and conditions for your use of SKYVIEW 1’s mobile application (the “App”), as well as any products and services offered, operated or made available by SKYVIEW 1 through the App (collectively, the “Services”). The App and Services are owned and operated by SKYVIEW 1 and are being provided to you expressly subject to this EULA. By accessing, browsing or using the App or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA and to comply with applicable laws and regulations. The terms and conditions of this EULA form an essential basis of the bargain between you and SKYVIEW 1, and this EULA governs your use of the App and the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION 18, YOU AGREE THAT DISPUTES BETWEEN YOU AND SKYVIEW 1 WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
As set forth below, SKYVIEW 1 provides mobile banking services, including bank depository and payment services, through partner banks and other financial institutions. SKYVIEW 1 is not a bank.
Please carefully review this EULA before using the App or Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the App or the Services.
You represent and warrant that you are (i) a legal resident of the United States, (ii) of legal age to form a binding contract with SKYVIEW 1, and (iii) not prohibited by law from using the App or the Services.
SKYVIEW 1 reserves the right to amend this EULA at any time and will notify you of any such changes by posting the revised EULA on the App, emailing you, or through some other means of notification. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the App or the Services after any change to this EULA constitutes your agreement to be bound by any such changes. SKYVIEW 1 may terminate, suspend, change, or restrict access to all or any part of the App or the Services without notice or liability.
SKYVIEW 1 maintains a “Privacy Policy,” and it details how we collect, handle, and protect data. We fully incorporate our Privacy Policy into this EULA. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on the App.
As described in greater detail in the Account Agreement (defined below), Bank collects and shares data regarding you and your SKYVIEW 1 Account with SKYVIEW 1 to provide you with banking services thereunder. Bank’s collection, processing, and storage of such information is governed by Bank’s privacy policy, available at https://www.grasshopper.bank/privacy/.
To access and use the App and Services, you must have a mobile device with access to the Internet running either [Apple iOS 10.3] or higher, or [Android 4.1 or higher]. You must also have a valid email address and sufficient storage space to install any required mobile application. SKYVIEW 1’s mobile applications are available [on the Apple App Store (for Apple devices) and Google Play Store (for Android devices)].
To access the Services, you must create an App user account. This process includes creation of a “Login ID” and password to access the App and the Services. When you sign up for a user account, you agree to provide accurate, current and complete information as may be prompted by any registration forms available through the App in connection with the Services or as otherwise requested by SKYVIEW 1 (e.g., name, mailing address, email address) (collectively, “User Information”). You represent and warrant that you are a legal owner of, and that you have all rights, authorizations and consents necessary to provide us with all User Information and other information hereunder and for us to use all such information to facilitate your use of the App and Services.
[To use certain Services, SKYVIEW 1 may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the App or Services.]
Should any of your User Information change, you agree that you will update this information as soon as possible. To update User Information, please call, email or in-app message your Client Concierge.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at support@1advisor.com.
SKYVIEW 1 offers a variety of mobile banking services and other related services and features referred to in this EULA collectively as the Services. These Services include:
To use the Services, you direct SKYVIEW 1 to retrieve account transaction history, balance information, and other information related to accounts that are maintained by third parties and that you own, manage and engage in financial transactions with (such information, “Third-Party Account Information”). This includes information maintained by Bank for SKYVIEW 1 Accounts. SKYVIEW 1 works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other SKYVIEW 1 products and services that may be of interest to you. By using the Services, you authorize SKYVIEW 1 to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this EULA, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Mobile App.
SKYVIEW 1 does not review the Third-Party Account Information for accuracy, legality or non-infringement. SKYVIEW 1 is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
If you open a SKYVIEW 1 Account, you will be able to manage your account, view your transaction history and other account information, perform certain transactions, and access various features of your SKYVIEW 1 Account through the App (collectively, the “Mobile Banking Services”).
Your use of the Mobile Banking Services is governed by this EULA. However, the SKYVIEW 1 Account and any transactions you make on your SKYVIEW 1 Account (including transactions you initiate through the Mobile Banking Services) are covered by [the Membership Agreement entered into you and Bank[, which can be found at https://1advisor.com/member-agreement] (your “Account Agreement”)].
The Mobile Banking Services allow you to perform the following functions and transactions on your SKYVIEW 1 Account, including:
The account information that you access through the Mobile Banking Services will generally be current as of the business day you access the information, unless another time is specified.
Any transfer of money to or from, or other transaction involving, your SKYVIEW 1 Account, is governed by the Account Agreement. Certain limitations may apply transactions involving your SKYVIEW 1 Account; please refer to your Account Agreement for details.
Only owners of a SKYVIEW 1 Account are permitted under this Agreement to access an account through the Mobile Banking Services. By using the Mobile Banking Services, you agree that SKYVIEW 1 and Bank are entitled to act on transaction or any other instructions we receive under your Login ID and password for the App, and you agree that any actions taken under your Login ID and password will have the same effect as a signature authorizing the transaction or other action.
We reserve the right to deny transactions or any other actions you authorize through the Mobile Banking Services, among other reasons:
There may be other exceptions described in [the Account Agreement available at https://1advisor.com/member-agreement].
[SKYVIEW 1 does not charge you any fees for accessing or using the Mobile Banking Services. There may, however, be fees associated with your SKYVIEW 1 Account; please refer to [your Account Agreement] for information concerning such fees.]
By choosing to use the Mobile App or the Services, you will receive from time-to- time disclosures, notices, documents, and any other communications about our Services, the Mobile App, or SKYVIEW 1 from SKYVIEW 1 (“Communications”). We can give you the benefits of our Services only by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time at our sole discretion.
By accepting this EULA, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either:
You will also need a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
You may withdraw your consent to receive Communications electronically by contacting us at support@1advisor.comIf you withdraw your consent, we reserve the right to limit or close your SKYVIEW 1 Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to SKYVIEW 1 even if you withdraw your consent and we close or limit access to the App or the Services.
As noted above, you can update your User Information in the App or by emailing us at support@1advisor.com.
You represent and warrant that the phone number you have provided to us is your contact number, and not someone else’s, and that you are permitted to receive text messages, calls, and push notifications at such phone number.
By providing us with a phone number and accepting this EULA, you consent to receive autodialed and pre-recorded text messages and calls from us, our agents, representatives, affiliates (including Bank) or anyone calling on our behalf at the phone number(s) you have provided to us, with non-marketing service-related information and alerts and questions about your use of the App or Services. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from us. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. You further consent, by providing us with a phone number and accepting this EULA, to receive push notifications from us. You may opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the App and Services.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
You represent, warrant, and covenant that you will not provide or contribute anything (including any User Information) to the App or Services or otherwise use or interact with the App or Services in a manner that:
SKYVIEW 1 reserves the right to take various actions against you if we believe you have engaged in activities restricted by this EULA or by laws or regulations, and SKYVIEW 1 also reserves the right to take action to protect SKYVIEW 1, other users, and other third parties from any liability, fees, fines, or penalties. We may take actions including, but not limited to, (i) updating information you have provided to us so that it is accurate, (ii) limiting or completely closing your access to the App or the Services, (iii) suspending or terminating your ability to use the App or the Services on an ongoing basis, (iv) taking legal action against you, or (e) holding you liable for the amount of SKYVIEW 1’s damages caused by your violation of this EULA.
SKYVIEW 1 makes no claims concerning whether use of the App or Services is appropriate outside of the United States. If you access the App or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The App and the Services are owned and operated by the SKYVIEW 1. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “SKYVIEW 1 Materials”) are owned exclusively by SKYVIEW 1, or its licensors or suppliers, and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Nothing on the App or Services should be construed as granting — by implication, estoppel, or otherwise — any license or right to use any of the SKYVIEW 1 Materials displayed on the App or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify, reproduce or create derivative works of any of the SKYVIEW 1 Materials unless in accordance with written authorization by us. SKYVIEW 1 prohibits use of any of the SKYVIEW 1 Materials as part of a link to or from the App or Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any SKYVIEW 1 Materials, or whether any mark or logo is a SKYVIEW 1 Material, should be referred to SKYVIEW 1.
SKYVIEW 1 may terminate this EULA at any time without notice, or suspend or terminate your access and use of the App or Services at any time, with or without cause, in SKYVIEW 1’s absolute discretion and without notice. Following any termination of this EULA, the provisions of Section 12 (Proprietary Rights), Section 14 (Disclaimer of Warranties), Section 16 (Limitations of Liability), Section 17 (Indemnification), Section 18 (Dispute Resolution by Arbitration), Section 20 (General Provisions), and this Section 13 (Termination) will survive, as will all remedies for any breach of this EULA and any other provision of this EULA that by its terms survives termination.
SKYVIEW 1 further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the App or Services at any time with or without notice.
THE APP, SERVICES, AND SKYVIEW MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SKYVIEW 1 AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING BANK AND OTHER BANKING OR PAYMENTS PARTNERS (ALL OF THE FOREGOING COLLECTIVELY, THE “SKYVIEW 1 PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE CONTENT OR OPERATION OF THE APP OR THE SERVICES OR THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE APP OR THE SERVICES, INCLUDING THE SKYVIEW 1 MATERIALS. ALL WARRANTIES — EXPRESS, STATUTORY, AND IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE — ARE HEREBY EXPRESSLY DISCLAIMED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY OF YOUR USE OF THE APP AND THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
SKYVIEW 1 DOES NOT INTEND TO AND DOES NOT PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE APP OR THE SERVICES. SKYVIEW 1 ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. SKYVIEW 1 WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. SKYVIEW 1 DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, SKYVIEW 1 IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND SKYVIEW 1 IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. SKYVIEW 1 IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
THE SKYVIEW 1 PARTIES SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES, EXCEPT WHERE REQUIRED BY APPLICABLE LAW, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP OR SERVICES, THE SKYVIEW 1 MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE APP OR SERVICES, EVEN IF SKYVIEW 1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SKYVIEW 1 PARTIES ALSO SHALL NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE APP OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE APP OR SERVICES. IN NO EVENT SHALL ANY OF THE SKYVIEW 1 PARTY’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS ($1,000).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the App, Services, or this EULA, your sole and exclusive remedy is to discontinue use of our App or Services.
You will (i) defend the SKYVIEW 1 Parties from and against any demand, suit, action or other claim by any third party arising out of or relating to (a) your access to, use of or alleged use of the App or the Services, (b) your violation of this EULA or any representation, warranty, or agreements referenced herein, or any applicable law or regulation, (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right, (d) any action a SKYVIEW 1 Party takes pursuant to your instructions, or (e) any disputes or issues between you and any third party (each and any of the foregoing, a “Claim”); and (ii) indemnify the SKYVIEW 1 Parties for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) finally awarded and arising out of any Claim.
We reserve the right to assume (at our expense) the exclusive defense and control of any Claim, and in any such case, you agree to cooperate (at our expense) as fully as reasonably required with our defense of such Claim. To avoid doubt, you will not to settle any Claim without the prior written consent of SKYVIEW 1.
Please read the following Arbitration Agreement carefully; it requires you to arbitrate certain disputes and claims with SKYVIEW 1 and limits the manner in which you can seek relief from SKYVIEW 1.
You and SKYVIEW 1 acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of this EULA, SKYVIEW 1’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of this EULA, and that upon your acceptance of this EULA, Personnel will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as the third-party beneficiary hereof.
The parties will use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of this EULA directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Minneapolis, Minnesota. The arbitration shall proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
The Rules will govern payment of all arbitration fees. SKYVIEW 1 will pay all arbitration fees for claims less than seventy-five thousand dollars ($75,000). SKYVIEW 1 will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Either you or SKYVIEW 1 may assert claims, if they qualify, in small claims court in Hennepin County, Minnesota, or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
YOU AND SKYVIEW 1 WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and SKYVIEW 1 are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SKYVIEW 1 over whether to vacate or enforce an arbitration award, YOU AND SKYVIEW 1 WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor SKYVIEW 1 is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18(g).
You have the right to opt out of the provisions of this Section 18 by sending notice of your decision to opt out to the following address, emailed within thirty (30) days of first accepting this EULA to: support@1advisor.com. You must include (i) your name and residence address, (ii) the email address or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this EULA’s arbitration agreement.
If you send the opt-out notice in Section 18(f), and/or in any circumstances where the foregoing arbitration agreement permits either you or SKYVIEW 1 to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and SKYVIEW 1 agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Hennepin County, Minnesota, or the federal district in which that county falls.
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 18(F).
When you click on the confirm button on the “Verify your Identity” page, you authorize the Social Security Administration (“SSA”) to verify and disclose to SKYVIEW 1, through First Mile Group, Inc., d/b/a Alloy, our service provider, for the purpose of verifying your identity and whether the name, Social Security Number and date of birth you have submitted matches the information in SSA records. This consent is for a one-time validation within ninety (90) days of the date of submission.
This EULA is the entire understanding and agreement between you and SKYVIEW 1. This EULA supersedes any previous End User License Agreement or other agreement to which you and SKYVIEW 1 may have been bound. This EULA will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the EULA.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the Minnesota, without regard to the conflicts of laws provisions thereof.
If any provision of this EULA is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this EULA’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the EULA shall remain in full force and effect.
You agree that if SKYVIEW 1 does not enforce any of its legal rights or remedies under this EULA, or other legal rights or remedies SKYVIEW 1 has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
You may not assign or transfer this EULA or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA or any of our rights or obligations under this EULA at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have questions regarding the EULA or the practices of SKYVIEW 1, please contact us by email at support@1advisor.com or by calling 866-775-1926
