Terms
Welcome to SKUsMe.com. Before you register for your SKUsMe.com account, you must read and agree to these SKUsMe.com Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement").
Although we may attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms. Larkin & Company Inc. may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the SKUsMe.com service. In the event of an inconsistency between the SKUsMe.com Terms of Use or the SKUsMe.com Privacy Policy, the SKUsMe.com Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
- Description of Service. SKUsMe.com is an inventory tracking application from Larkin & Company Inc. (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Larkin & Company Inc. disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Larkin & Company Inc. also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- Personal Use. The Service is made available to you for your personal use only. You must be at least eighteen (18) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Larkin & Company Inc. reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the SKUsMe.comPrivay Policies. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Larkin & Company Inc.; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Privacy Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Larkin & Company Inc. reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Service. Larkin & Company Inc. takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Larkin & Company Inc. have any obligation to monitor such third party content. Larkin & Company Inc. reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Larkin & Company Inc. also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Larkin & Company Inc., its users and the public. Larkin & Company Inc. will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
- Intellectual Property Rights. Larkin & Company Inc. Intellectual Property Rights. You acknowledge that Larkin & Company Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights and such are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. This include rights to (i) the Service developed and provided by Larkin & Company Inc.; and (ii) all software associated with the Service.
- Your Intellectual Property Rights. Larkin & Company Inc. does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your SKUsMe.com account. We will not use any of your content for any purpose except to provide you with the Service.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Larkin & Company Inc. to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Privacy. As a condition to using the Service, you agree to the terms of the SKUsMe.com Privacy Policy as it may be updated from time to time. Larkin & Company Inc. understands that privacy is important to you. You do, however, agree that Larkin & Company Inc. may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the SKUsMe.com Privacy Policy. Personal information collected by Larkin & Company Inc. may be stored and processed in the United States or any other country in which Larkin & Company Inc. or its agents maintain facilities. By using SKUsMe.com, you consent to any such transfer of information outside of your country.
- Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing 30 days written notice to Larkin & Company Inc. Larkin & Company Inc. may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled after 30 days notice and you may not be granted access to your account or any files or other content contained in your account although residual information may remain in our system. Except as set forth above or unless Larkin & Company Inc. has previously canceled or terminated your use of the Services (in which case subsequent notice by Larkin & Company Inc. shall not be required), if you have provided an alternate email address, Larkin & Company Inc. will notify you via email of any such termination or cancellation, which shall be effective immediately upon Larkin & Company Inc. delivery of such notice. Sections 3, 4, 5, 7, and 11 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
- Indemnification. You agree to hold harmless and indemnify Larkin & Company Inc., and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Larkin & Company Inc will provide you with written notice of such claim, suit or action.