Terms of Service - SketchCop®

Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“Terms”) OF USE CAREFULLY BEFORE USING THIS WEBSITE (“Site”). These terms govern your use of this site, content, products, and other services offered by SketchCop® Solutions, Inc. “USER” and “YOU” refers to you as a user of the Services offered through this site (“Services”). These terms may have changed since your last visit to this site. Using this site indicates that you accept these Terms. If you do not agree to these terms and conditions, please do not use this site.

The dispute resolution section below of these Terms contains a mutual arbitration agreement and class action waiver that requires you and SketchCop® Solutions, Inc. to resolve disputes with each other on an individual basis through final and binding arbitration. Please review the dispute resolution section of these terms carefully. By entering into these terms, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.

Changes to these Terms

Permissions

SketchCop® Solutions, Inc. gives its permission to download, electronically copy, and/or print from its web-site for the sole purpose(s) of viewing, reading, and retaining for reference. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited without prior written authorization by SketchCop® Solutions, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from this site. Except as permitted by these Terms, nothing contained in the site should be construed as granting, by implication, estoppel or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of SketchCop® Solutions, Inc.

Reverse Engineering

Reverse engineering of any type, modification, and/or tampering of a SketchCop® Solutions, Inc. website and/or SketchCop® Facial Composite System Software and/or any of the aforementioned components is strictly prohibited.

Trademarks

The owners of SketchCop® Solutions, Inc. possess the rights in the United States and elsewhere to its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the products and services provided, offered or sold by the site to users. The user has no rights to use any trademarks, service marks, trade names, designs, logos and other trade dress owned by the owners of SketchCop® Solutions, Inc.

Windows NT, Windows XP, Windows Vista and Windows 10 are registered trademarks of Microsoft® Corporation.
mac O/S is a registered Trademark of Apple® Incorporated.
LINUX® is a registered trademark of Linus Torvalds and the LINUX Foundation.
Photoshop® is a registered trademark of Adobe Systems Incorporated.
Painter is a registered trademark of the Corel® Corporation
F2 is a registered trademark of SA Recognition Systems Incorporated.
GIMP is a trademark of the GIMP Team. While the software is free to download and use, donations are administered by the GNOME Foundation.

Trademark violations are subject to the laws of the United States of America and Canada.

Copyrights

The entire content of this site, including but not limited to text, graphics, forms, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SketchCop® Solutions, Inc. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SketchCop® Solutions, Inc., or to purchase products offered by SketchCop® Solutions, Inc. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of this site solely for your own non-commercial use, or to place an order with Sketchcop Solutions, Inc. or to purchase products offered by SketchCop® Solutions, Inc. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited without prior written authorization by SketchCop® Solutions, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from this site. Except as permitted by these Terms, nothing contained in the site should be construed as granting, by implication, estoppel or otherwise any license or right to any person under any patent, trademark, copyright, or other proprietary right of SketchCop® Solutions, Inc.

Free-hand official facial composite sketches by SketchCop® Michael W. Streed are solely his own copyrighted material and/or that of SketchCop® Solutions, Inc., this also includes sample images created by SketchCop Facial Composite System Software.

SketchCop® Facial Composite System Software

External Links

SketchCop® Solutions, Inc. is not liable for the contents of external links.

Notice

SketchCop® Solutions, Inc. may, in its sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will give you notice by posting the revised Terms on the Services. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.

Arbitration Agreement and Waiver of Certain Rights

a. Applicability.

You and Sketchcop Solutions, Inc. agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms or your receipt of any communications from Sketchcop Solutions, Inc. will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify, remain in such court and advance solely on an individual basis. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with Sketchcop Solutions, Inc., the threatened or actual suspension, deactivation or termination of your account with Sketchcop Solutions, Inc., payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Sketchcop Solutions, Inc., any communications you receive from Sketchcop Solutions, Inc., any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee of Sketchcop Solutions, Inc., this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with Sketchcop Solutions, Inc. and any such claims and disputes may be governed by separate agreements.

b. Arbitration Rules and Forum.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to, Sketchcop Solutions, Inc. 1941 California Avenue, Unit 77458, Corona, CA 92877. The arbitration will be conducted by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_1.pdf. AAA’s rules are also available by calling AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

c. Authority of Arbitrator.

The arbitrator — not a court — shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Rules. The arbitration will decide the rights and liabilities, if any, of you and Sketchcop Solutions, Inc.. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Sketchcop Solutions, Inc.

d. Waiver of Jury Trial.

YOU AND SKETCHCOP SOLUTIONS, INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

e. Waiver of Class or Other Non-Individualized Relief.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Riverside County, California for adjudication before a judge, not a jury. All other claims shall be arbitrated.

f. Survival of Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with SketchCop® Solutions, Inc.

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