The Terms of Use that govern your access to and use of the Sky 18 Capital website and any transactions conducted with the Company.
Effective Date: November 1, 2019
This website www.sky18capital.com, which is also referred to as "site", is owned and operated by Alexander Galsky and Moises Liplewski Serfaty, located in Miami, Florida, which is referred to below as "Sky 18 Capital" or "we", or "us", or "Company", or "our".
The Site and Services are intended only for those who are 18 years of age or older (or the age of majority in your jurisdiction, if it is above 18). Any use of the Site or Services by anyone under the age of majority is unauthorized and in violation of these Terms.
You agree that:
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not prohibited from using the Site, or from applying for Services, if applicable, under the laws of the United States or any other applicable jurisdiction. You agree that you will not use the Site or Services in any manner that constitutes illegal or fraudulent activity, including, but not limited to, money laundering, tax evasion, securities fraud, and pyramid or multi-level marketing schemes.
You represent and warrant that you are not located in any country that is subject to United States country-wide sanctions or that has been designated by the United States as a "terrorist supporting" country, and that you are not a party listed on any United States list of sanctioned, prohibited, or restricted parties.
You also agree to provide true, accurate, current, and complete information as prompted if you register for an Account or apply for Services, and to maintain and promptly update such information as necessary. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Sky 18 Capital has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Sky 18 Capital has the right to suspend or terminate your Account, refuse any and all current or future use of the Site (or any portion thereof), or decline any and all of your current or future application(s) for Services.
If you register for an Account, you are responsible for maintaining the confidentiality of your Account and your username and password or other access credentials, and for restricting access to the computer(s) or device(s) you use to access your Account. You acknowledge that you are responsible for all activities that occur under your Account or password.
You agree to notify Sky 18 Capital, LLC immediately of any unauthorized use of your Account or access credentials, or any other breach of security by contacting us via email and telephone. We will not be liable for any loss or damage arising from your failure to comply with this section. You agree that your use of the Site and your Account will comply with all applicable state, local, federal, and international laws including, for instance, privacy laws and anti-spam laws in the United States, Canada, and elsewhere.
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use.
In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of Sky 18 Capital, LLC.
You understand and acknowledge that Sky 18 Capital, LLC controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website.
You agree to notify Sky 18 Capital, LLC immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information.
Our Privacy and Security Policy explains how we treat your personal information and protect your privacy when you access or use our Site. We will not share or sell any of your information with or to any third party, except as specifically described in our Privacy Policy. By using or accessing the Site, you are also consenting to our Privacy and Security Policy.
Sky 18 Capital, LLC and its subsidiaries use third-party service providers to retrieve certain personal data about you for certain permissible purposes, such as verifying information you provide when applying for Services. Sky 18 Capital, LLC and its subsidiaries use this personal data for our business purposes in a manner that is consistent with our Privacy and Security Policy.
You may be responsible for damages caused to the Company. You agree to indemnify Sky 18 Capital, LLC and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of Sky 18 Capital, LLC and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.
The web page content on or available through this website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Sky 18 Capital, LLC disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Sky 18 Capital, LLC makes no representation or warranty regarding the web page content or its use thereof. The web page content on or available through this website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication. Sky 18 Capital, LLC has no obligation to maintain the currency or accuracy of any web page content on or available through this website.
You acknowledge and agree that Sky 18 Capital, LLC is not, and shall not be, responsible for the results of any defects that may exist in this website or its operation. Sky 18 Capital, LLC makes no representation or warranty that (a) the operation of this website will meet your or any other user's requirements; (b) access to the website will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (c) any defects in this website will be corrected.
You agree that you, and not Sky 18 Capital, LLC, will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of using or visiting this website.
The Site may provide links to other websites or online resources. Because Sky 18 Capital, LLC has no control over such external sites and resources, you acknowledge and agree that Sky 18 Capital, LLC is not responsible for the availability of such sites or resources, and that it does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Sky 18 Capital, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
These Terms and the relationship between you and Sky 18 Capital, LLC will be governed by the laws of the State of Florida without regard to its conflict of law provisions.
a. Agreement to Arbitrate. You and Sky 18 Capital, LLC agree that any claims, disputes, or causes of action (each, a "Claim") that arise in connection with these Terms, including the arbitrability of any Claim, will be settled by binding arbitration. This agreement to arbitrate binds you and Sky 18 Capital, LLC, and each of our respective heirs, executors, administrators, successors, and assigns (each, a "Party," collectively, the "Parties"). If a Party refuses to arbitrate and a court intervenes to compel arbitration, the refusing Party will be responsible for paying the fees and expenses associated with seeking an order to compel arbitration, including the other Party's attorney's fees.
b. Initiating the Arbitration. A party initiates arbitration by serving with a written demand for arbitration within a reasonable time after a Claim has accrued and within any applicable statute of limitations. If a Party raises the defense of untimely filing of the demand or counter-demand, the arbitrator must resolve that question before hearing the merits of the Claim.
c. Administration of the Arbitration. The arbitration will be privately administered by the arbitrator appointed according to this section. The Commercial Rules of the American Arbitration Association (the "AAA Rules") will govern the arbitration process and the arbitrator must follow the AAA Rules. If there are inconsistencies between this agreement to arbitrate and the AAA Rules, this agreement will govern.
d. The Arbitrator. A single neutral arbitrator will be selected by agreement between the Parties within thirty (30) days after the arbitration is initiated.
e. Arbitration Process. The arbitration will be held in Miami, Florida. Each Party is entitled to submit one set of interrogatories and one request for production of documents. Any additional discovery will be allowed by agreement of the Parties or at the discretion of the arbitrator. All discovery will be governed by the Federal Rules of Civil Procedure. The arbitration proceeding and all information disclosed during the arbitration will be confidential.
f. Inclusion of Non-Parties. No arbitration of a Claim may include (by consolidation, joinder or other method) a person or entity who is not a Party, except by written consent containing (1) a reference to this agreement to arbitrate, (2) the specific Claim to be arbitrated, and (3) the signature of both Parties and the person or entity sought to be joined.
g. Class Action Waiver. No Claim may be arbitrated on a class action basis or in a representative capacity on behalf of the general public or similarly situated persons or entities. You understand that you are waiving the right to participate in a representative capacity or as a member of any class action related to this Agreement or the transaction in this agreement to arbitrate.
h. The Award. The award rendered by the arbitrator will be final, and judgment may be entered upon it in accordance with applicable law in any competent court with jurisdiction. This award will identify the substantially prevailing Party and will award that Party fees and expenses of arbitration, including attorneys' fees, expert fees, arbitrator fees, and costs of arbitration.
Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, you and Sky 18 Capital, LLC agree that a court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Sky 18 Capital, LLC to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Sky 18 Capital, LLC does not guarantee it will take action against all breaches of these Terms.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitute the entire agreement between you and Sky 18 Capital, LLC and govern your use of the Site, superseding any prior agreements between you and Sky 18 Capital, LLC with respect to the Site.
For questions about these Terms, please contact us at [email protected] or call +1 (305) 705-4434.
