Terms and Conditions – Dreamer
Consumer Terms of Service/Buyer Agreement for MySkillit.com from Skillit, Incorporated.
Last Updated: Jan 1, 2019
Welcome to www.myskillit.com. You are now reading our Skillit’s Terms of Service (“Terms”), an agreement between you and Skillit, Inc. (“Skillit,” “we” or “us”) which governs your access to our platform and services which we offer via www.myskillit.com and our other affiliate websites (collectively, the “Site”). To make these Terms easier to read, our online platform and service, and the Site are collectively called the “Services.” You must read the Terms carefully before you use the Services. These Terms apply to all users of the Services whether you are a Registered User (defined below) or just visiting. If you have any questions, feel free to send us a note at firstname.lastname@example.org. We will happily answer any questions you have.
Arbitration Notice: Unless you are accessing or using the services on behalf of a company or other legal entity or opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Dispute Resolution for Consumers” section below, and except for certain types of disputes described in the “Dispute Resolution for Consumers” section below, You agree that disputes between you and Skillit, Incorporated will be resolved by binding, individual arbitration and You are waiving Your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
You’ll notice that some words appear in quotes in the Terms. They’re called “Defined Terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the Terms are consistent. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
Agreement to our Terms
By accessing or using our Services you agree to be bound by these Terms, whether or not you have registered with the Services, you are an Dreamer (defined below) or a Maker (defined below). These Terms govern the terms on which all Skillit are made available on the Site. If you don’t agree, then you shouldn’t, and in fact aren’t permitted, to use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Certain areas of the Site or features of the Services may have additional terms and you should read those additional terms. For example, if you enter a sweepstakes, you will be bound to the terms specific to that sweepstakes. If there’s a conflict between these Terms and the additional terms, the additional terms will govern your use of those areas of the Site or features of the Services.
Changes to these Terms or the Services
We can change these Terms at any time. If we do so, we’ll let you know either by posting the changed Terms on the Site or through other communications. We’ll also update the “Last Updated Date” at the top of these Terms. It’s important that you review the changed Terms because if you continue to use the Services after we’ve provided notice of the change, you’re telling us that you agree to be bound by the changed Terms. If you don’t agree to be bound by the changed Terms, then you’re not allowed to use the Services anymore. We’re always striving to make the Services better and because they’re evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our discretion.
We are a Platform Service Provider
Through the Services, we offer an online platform to allow individuals (each an “Dreamer”) to view, purchase, bid on, and/or participate in Skillit offered by Maker. This means that we act as an intermediary between the Dreamer and the Maker and our responsibilities under these Terms are limited to facilitating the availability of the Services and collecting payments on behalf of the Maker. A few key terms include:
“Skillit” means the (Skillit in physical or digital form (collectively, the “Products); and (b) Skillit, activities, or interactions including in-person Skillit, activities, or interactions and virtual Skillit, activities, or interactions, offered by the Maker via the Services.
“Skillit Listing” means the description of the Skillit including, but not limited to, the price of the Skillit and the date and time, as applicable.
“Maker” means a person or entity that has accepted these Skillit Terms and offers a Skillit via the Services; in the case of Skillit involving the sale of alcoholic beverages, the seller offering the Skillit is the alcoholic beverage licensee who is offering alcoholic beverages for sale.
“Registered User” means a person that completes our Account Registration Process (defined below), including Dreamers and Maker.
The Maker, not Skillit, is responsible for honoring the purchase of any Skillit. The Maker may require you, as an Dreamer, to enter into an agreement with the Maker and you acknowledge that if you fail to do so, you may not be able to participate in the Skillit; in such an event, you may not receive a refund or exchange for the purchase of your Skillit. Some Skillit include the ability to interact with a Maker. We do not and cannot control interactions with Maker; we expressly disclaim any liability arising from such interactions. As an Dreamer, you may be required to sign and return a waiver and liability release before you participate in a Skillit.
USING THE SERVICES
You can only use the Services if you are 18 years or older, or with a consent of an adult, and are not barred from using the Services under applicable law. Additionally, in order to offer or purchase some Skillit, you must be 18 years or older at the time you offer, or purchase, the Skillit or must have a consent an adult.
PAYMENTS AND CANCELLATIONS/RETURNS
“Change Fees” means any fees that are due from an Dreamer for a Change Request (defined below).
“Net Proceeds” is the list price of the Skillit plus any applicable Change Fees, but excluding any discounts, taxes, shipping, or other fees applied.
“Payment Method” means any of the payment methods used to purchase or bid on a Skillit, such as a credit card or debit card, wire transfer, or third party payment service like PayPal.
“Purchase Fees” means the amounts due from an Dreamer for the purchase or confirmed scheduling of a Skillit plus the Tax and any applicable shipping fees.
“Tax” or “Taxes” means any sales taxes, and other similar municipal, state, provincial, federal and national indirect or other withholding and personal or corporate income taxes.
“Total Fees” means collectively the Purchase Fees and Change Fees plus any shipping and/or Taxes.
When you initiate a purchase transaction or request to schedule a Skillit via the Services, you will be asked to provide us with customary billing information such as your name, billing address, and credit card information. As an Dreamer, upon completion of a purchase on the Site for a Skillit or the confirmed scheduling of a Skillit and any Change Requests (defined below), you will be liable to pay the Total Fees presented at checkout. You agree to pay Skillit (on behalf of the Maker, if applicable) the Total Fees for any transactions made in connection with your Account.
You hereby authorize the collection of such amounts by Skillit by charging your selected Payment Method. In addition, you agree that Skillit may charge your Payment Method for verification and pre-authorization purposes and you agree to bear any additional charges that your bank or other financial service provider may levy on you. You agree that all Skillit are non-refundable unless otherwise specified on the Skillit Listing and you will not dispute the Total Fees if the Skillit is fulfilled substantially as presented in the Skillit Listing.
For all Skillit, all expenses and incidental costs not specifically stated in the Skillit Listing and/or receipt, including, but not limited to, fees for telephony or connectivity, travel, food or lodging are the sole responsibility of the Dreamer.
Wire transfers are encouraged for orders above $10,000. Skillit will confirm payment receipt before we will fulfill the applicable Skillit. Contact Skillit Support for more details on wire transfers.
RETURNS & CANCELATIONS
Payment and cancellation/returns for specific Skillit
Various types of Skillit are offered via the Services. For example, Makers can offer several types of virtual or in-person Skillit or physical and digital products. As an Dreamer, the type of Skillit you order impacts when you are charged for your purchase. The process for cancellations and refund eligibility also varies depending on the type of Skillit. It is your responsibility to review Skillit Listing and the confirmation email(s) to verify the accuracy of the information relating to the Skillit.
For Skillit, where scheduling (time and/or location), must be agreed upon in advance
Payment: Upon the completion of your purchase, we will immediately validate your Payment Method and charge you for the Total Fees. For Skillit that require the Dreamer and the Maker’s to agree on particulars like the time and location for the Skillit, both the Dreamer and the Makers are sent confirmation emails when those details are confirmed by those parties via the Services (“Booking Confirmed”). In the event that the Dreamer and the Maker’s cannot come to an agreement regarding the particulars, a refund will be made to the Dreamer for the Total Fees paid once requested by the Dreamer. If no refund is requested, and a schedulable Skillit does not become booking confirmed within 12 months of the date of initial purchase, the Total Fees paid will revert to site credit.
Cancellations/Returns for Skillits
Once a Skillit is Booking Confirmed, all Skillit purchased from the Site are final sale (neither returnable nor refundable), unless: your Skillit technical problems (for virtual Skillit) due to an error on our part, The Maker’s cancels or fails to fulfill the Skillit AND the Skillit cannot be rescheduled within 30 days, The Maker’s fails to fulfill the Skillit in substantial accordance with the Skillit Listing. (Please note that the details of Skillit are subject to change and Dreamers are not entitled to refunds or site credit if the Skillit provided was comparable to what was promised.)
However, if any of the 3 issues listed above are encountered, you may be entitled to receive a refund to your Payment Method or a Site Credit in an amount at least equal to the ratable portion of the Skillit left unfulfilled in a manner comparable to the Skillit Listing. Such calculation shall be done in the sole discretion of Skillit.
Upon the completion of your purchase of a digital Product, we will immediately validate your Payment Method and charge you for the Total Fees.
Cancellations/Returns for Virtual Skillits
Due to the nature of our Virtual Products, these products are not returnable or refundable unless otherwise specified on the Skillit Listing.
For certain Skillit, after a Skillit is Booking Confirmed, the Dreamer and the Maker’s may agree to change the details for the particular Skillit (“Change Request”) like the date and time, number of attendees, contents and duration of the Skillit. The Dreamer and Maker’s may also agree to certain add-ons for a Skillit using a Change Request.
Not all Skillit are eligible for Change Requests and, depending on the type of Change Request, certain Change Fees may apply. The Maker’s is responsible for indicating whether Change Requests are allowed for a particular Skillit and if any Change Fees apply. This information will be provided in the Change Request communications between you and the Maker’s.
All Change Requests must be approved by both the Dreamer and the Maker’s and, if the price for a specific Change Request is not indicated in the applicable Skillit Listing, both the Maker’s and Dreamer must agree to the Change Fee amount. You as the Dreamer, agree that you and the Makers are responsible for any Change Requests or any other modifications to a Skillit.
All Change Requests must be submitted and administered via the Services using the method designated by Skillit. All Change Requests will be declined within the Services if not approved by both the Dreamer and the Maker’s within 72 hours from the time the original Change Request is submitted by the Dreamer.
No Refunds for any Change Requests
You will not receive a refund of any of the Total Fees paid or due for the applicable Skillit as a result of a Change Request, and without limiting any other terms of these Skillit Terms, you agree to pay all Change Fees, plus any applicable Taxes and any other charges, for all Change Requests approved by you via the Services.
If the Dreamer and the Maker’s cannot agree on the terms for the Change Request, and either party chooses to cancel the Skillit, the terms applicable to cancellations provided in these Skillit Terms for the particular type of Skillit still apply. You can visit email@example.com for more information on submitting a Change Request.
Our Concierge team may provide services to facilitate and arrange a customized Skillit (each a “Custom Skillit”) for purchase via the Services. If you wish to purchase a Custom Skillit certain terms applicable to the Custom Skillit will be provided at the point of purchase and/or reservation for the Custom Skillit. In addition:
The posting of a Skillit Listing for a Custom Skillit on the Services is not a guarantee that the Custom Skillit will be confirmed or available.
If you choose to initiate the purchase of a Custom Skillit payment of a non-refundable deposit is required. ALL DEPOSITS FOR CUSTOM Skillit ARE NON-REFUNDABLE, except in the event that the Custom Skillit becomes unavailable for the listed price or the details for the Skillit materially change. In such cases, you will receive a full refund of the deposit amount in a timely manner.
Without limiting any other terms of this Skillit TOS, by clicking the “Buy Now” button on the Skillit Listing page for the Custom Skillit, you authorize Skillit to: (i) charge your Payment Method for the deposit amount; and (ii) if Skillit secures the Custom Skillit, to charge your Payment Method for the outstanding balance. Skillit will not charge your Payment Method for the outstanding balance without permission if there are unapproved variations in listed price or the details for the Custom Skillit.
Skillit may require wire transfers for Custom Skillit related payments in excess of $10,000.
No Resale After Purchase
After the purchase of any type of Skillit is completed and the Total Fees have been charged to your Payment Method, you may not resell the Skillit to a third party without the prior written consent of Skillit and the applicable Maker’s. These terms apply to all Skillit including direct purchases, sweepstakes, and auction related purchases via the Services.
Maker’s Right to Terminate Skillit at will
Please note that a virtual or in-person Skillit can be disrupted and/or discontinued without warning at any time—and with no refund to you—should the Maker’s become uncomfortable with the conversation or interaction for any reason.
We do not permit reporters or other members of the media to purchase Skillit with our Maker’s partners for the purpose of conducting an interview for broadcast or publication unless expressly approved by Skillit and the Maker’s in advance. If the Maker’s determines that you are in fact attempting to conduct an interview or review for broadcast or publication, she or he is fully within their rights to terminate the Skillit and you will not receive a refund for any of the Total Fees paid.
If your Skillit is disrupted or discontinued, please email our Concierge team at firstname.lastname@example.org with your order number immediately and except as stated above, we will try to assist you by rescheduling the Skillit if possible.
SHIPPING AND FULFILLMENT
Digital Products, Virtual and In-Person Skillit
Digital Products, virtual Skillit, and in-person Skillit purchased via our Site are coordinated via services such as our platform, email, video conferencing platforms, in-person, social networks, telephone, or other communication services.
We don’t plan, host, operate, or provide the Skillit. We also don’t endorse any Registered Users or Skillit. For detection, fraud prevention or other purposes, Skillit may either directly or through third party service providers, verify your identity and/or conduct background checks on you, including criminal background checks. In such instances, you may be asked to provide additional information for these purposes (including, but not limited to, your date of birth and social security number) and to execute any required consents and authorizations, and you agree to do so within 2 business days from the time we contact you or the Gift Recipient, to enable us or our third-party service providers to conduct such checks or processes. In the event that a specific Skillit requires a background check, the Skillit Listing will indicate that this requirement applies to the purchase of the Skillit. By running such checks or processes we do not make any representations about, verify, confirm or endorse any Registered User or the Registered User’s identity or background.
We’re not responsible for estimates, descriptions, condition, authenticity, title or any other matters relating to the offer and sale of any Skillit. Information about Skillit is provided by the Maker’s and we do not verify the accuracy of this information. We’re also not responsible for any personal injury, damage or harm resulting from your provision or purchase of, or participation in, any Skillit or your interaction with any Registered User. You, as an Dreamer or Maker’s, are responsible for your own acts and omissions, and the acts and omissions of any individual whom you invite to, or otherwise enable his or her participation in, a Skillit, including without limitation any minors. You are responsible for the supervision of all minor participants in connection with any Skillit and the attendance of, or participation by, any unsupervised minors in a Skillit is prohibited.
By using the Services, you agree that any legal remedy or liability that you seek to obtain arising from or related to a Skillit, (including, without limitation, your Skillit Listing or provision of any Skillit) will be limited to a claim against the particular Registered User or other third parties who caused you harm and you agree not to attempt to impose liability on Skillit or seek any legal remedy from Skillit with respect to Skillit.
Alerts and Notifications
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside our platform (“Push Messages”). You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier. In addition, please note that for the phone number you provide, by agreeing to these terms you expressly and specifically authorize Skillit to send text messages or calls to your phone using an auto dialer or a pre-recorded voice. You are not required to provide this consent as a condition to using the Services and may opt out of such messages.
Content Ownership and Responsibility
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; “Registered User Content” means any Content that you provide to be made available through the Services, including Skillit Listings. Content includes, without limitation, Registered User Content.
Skillit does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Registered User Content. Subject to the foregoing, as between us and you, Skillit and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights therein even if we incorporate any Feedback (as defined below) into subsequent versions of the Services or otherwise use such Feedback. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, Skillit grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. By making your Registered User Content available on or through Services you hereby grant to Skillit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify (for formatting purposes only), distribute, license, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit your Registered User Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services. These rights that you grant to Skillit include permitting Skillit to syndicate your Registered User Content, including any suggestions for Skillit you provide Skillit or the content of your Skillit Listings, on, through or by means of websites operated or owned by third parties.
You are solely responsible for all your Registered User Content. You represent and warrant that you own all your Registered User Content, or you have all rights that are necessary to grant us the license rights in your Registered User Content under these Terms. You also represent and warrant that neither your Registered User Content, nor your use and provision of your Registered User Content, nor any use of your Registered User Content by Skillit on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome your input for improvements to the Services. If you decide to provide ideas, comments, suggestions or other feedback to us (whether written, verbal or in any other format) in connection with the Services or these Terms (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You agree that all Feedback will be the sole and exclusive property of Skillit. You hereby irrevocably transfer and assign to Skillit and agree to irrevocably transfer and assign to Skillit all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that Skillit may currently or in the future be developing information and materials internally, or receiving information and materials from other parties, that are similar to your Feedback or Skillit Listings. Nothing in these Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products or concepts that are similar to and/or compete with the applications, services, products or concepts contemplated by or embodied in any Feedback or your Skillit Listings.
Registered User Conduct Terms
You agree that you’ll only use the Services in a manner that is consistent with the Registered User Conduct Terms, set forth below. If you don’t we might have to suspend or terminate your Account. In connection with your use of the Services you agree that you won’t: use the Services for any commercial, governmental or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by Skillit or that would violate any laws; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements; violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations; use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Services or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content; register for more than one Account or register for an Account on behalf of an individual other than yourself; recruit or otherwise solicit any Dreamer or other Registered User to join third-party services or websites that are competitive to the Services, without Skillit’s prior written approval; register under a false name or use an invalid or unauthorized credit card. You may not offer to purchase under a false name, impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Site; “stalk” or harass any other user of the Services; mistreat any Skillit employees, Maker’s, guests, and other parties with actions including, but not limited to, using abusive language in writing or by telephone; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances; use, display, mirror or frame the Services, or any individual element within the Services, Skillit’s name, any Skillit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Skillit’s express written consent; access, tamper with, or use non-public areas of the Services, Skillit’s computer systems, or the technical delivery systems of Skillit’s providers; attempt to probe, scan, or test the vulnerability of any Skillit system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Skillit or any of Skillit’s providers or any other third party (including another user) to protect the Services or any of the content on the Services; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or content on the Services; accept or make payments for an Skillit Skillit outside of the Services; or advocate, encourage, or assist any third party in doing any of the foregoing.
Skillit’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. Skillit, in its sole discretion, may terminate the right of any user to participate in the purchase of Skillit on this Site or to access the Site without notice for any reason. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements, including providing such authorities with access to any Content on the Site.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such third-party websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate these Terms or your access to the Services or deactivate or cancel your Account (including, without limitation, your designation as a Maker and your ability to offer Skillit in connection with the Services), at our sole discretion and without liability to you, at any time and with or without prior notice to you. You may cancel your Account at any time by sending an email to us at email@example.com.
Upon termination (a) all undisputed payments that have accrued prior to termination will be payable in full within ninety (90) days after the end of the calendar month in which these Terms are terminated; (b) all licenses and other rights granted to you under these Terms will immediately cease; and (c) any Skillit Listings you, as a Maker, posted prior to the effective date of termination will be removed from the Services. Notwithstanding the foregoing, without limiting rights and remedies available to Skillit, Skillit, in its sole discretion, may withhold payment to you, as a Maker, if you breach these Terms or commit fraud against Skillit. Upon any termination or suspension, any information that you have submitted to the Services may no longer be accessed by you. Any suspension or termination will not affect your obligations to Skillit under these Terms or your obligation as a Maker to provide a purchased Skillit. The following Sections will survive any termination, discontinuation or cancellation of the Services, these Terms or your Account: Content Ownership and Responsibility; Termination; Indemnity; Warranty Disclaimers; Limitation of Liability; Governing Law; Dispute Resolution; and General Terms.
You will defend, indemnify and hold Skillit and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services or Content, including without limitation your purchase of a Skillit (if you are an Dreamer); (b) your breach of these Terms; (c) your Registered User Content; or (d) any claim arising out of or related to your Skillit Listings and related Skillit and the goods and services provided by you (if you are a Maker), including, but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SKILLIT EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SKILLIT MAKES NO WARRANTY THAT: (I) THE SERVICES, CONTENT OR Skillit WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; OR (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM USE OF THE SERVICES OR POSTING A Skillit LISTING.
SKILLIT MAKES NO WARRANTY REGARDING THE QUALITY, CONDITION, IMPORTANCE, PROVENANCE, LITERATURE OR HISTORICAL RELEVANCE OR RARITY OF ANY Skillit OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
SKILLIT ASSUMES NO RESPONSIBILITY FOR ANY REGISTERED USER’S TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. SKILLIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY REGISTERED USER, CHARITY OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY REGISTERED USER; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. SKILLIT’S RESPONSIBILITIES UNDER THESE TERMS IS LIMITED SOLELY TO FACILITATING THE AVAILABILITY OF THE SERVICES AND COLLECTING PAYMENTS ON BEHALF OF THE MAKER. THE MAKER, NOT SKILLIT, IS RESPONSIBLE FOR HONORING THE PURCHASE OF ANY Skillit. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM THE Skillit LISTING, Skillit OR USE OF THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND SKILLIT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT, AND Skillit, INCLUDING YOUR PURCHASE AND PARTICIPATION IN A Skillit. SKILLIT IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM YOUR PARTICIPATION IN OR PURCHASE OF ANY Skillit OR YOUR FUFILLMENT OF A Skillit.
SKILLIT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR Skillit WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKILLIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SKILLIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR THE PARTICIPATION IN OR PROVISION OF Skillit, IF YOU ARE AN Dreamer, EXCEED THE AMOUNTS YOU HAVE PAID TO SKILLIT FOR Skillit IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR ACTION, OR IF YOU ARE A MAKER, THE TOTAL AMOUNT PAID BY SKILLIT TO YOU UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OF ACTION, OR ONE HUNDRED DOLLARS (CAD$100.00), IF NO SUCH PAYMENT HAS BEEN MADE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKILLIT AND YOU.
These Terms and any action related thereto will be governed by the laws of Ontario, Canada without regard to its conflict of law’s provisions.
Dispute Resolution for Entities
If you are accessing and using the Services on behalf of a company or other legal entity, and unless you have entered into an additional agreement with Skillit that provides for an alternative dispute resolution mechanism, you and Skillit agree that the exclusive jurisdiction and venue of any legal action or proceeding arising under these Terms will be the
Ontario courts located in Ontario, Canada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Dispute Resolution for Consumers
If you are accessing and using the Services as an individual, and unless you have entered into an additional agreement with Skillit that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Skillit will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against Skillit, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Skillit may bring a formal proceeding.
We Both Agree to Arbitrate
You and Skillit agree to resolve any claims relating to these Terms through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms and stating that you decline this arbitration agreement.
Skillit is committed to the resolution of disputes through good faith negotiation, mediation and arbitration. In the event of any dispute over the use of this site or relating to any product or services provided through this site, you agree that (i) you will first attempt, in good faith, to resolve such dispute through direct negotiation for at least thirty (30) days following notice of the dispute; and (ii) in the event a dispute cannot be resolved during that time period, each party will submit the dispute to mediation by a mutually agreeable mediator in Toronto, Ontario, Canada. In the event of mediation, each party shall bear its own costs of such mediation, including its own legal fees and its equal share of mediator fees. The parties and their representatives shall hold the existence, content and result of the mediation in confidence. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, which cannot be resolved through negotiation or mediation shall be finally resolved by arbitration pursuant to the Arbitration Act (Ontario). The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Skillit products or services) must be commenced within one (1) year after the claim or cause of action arises. Skillit’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Skillit may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend, and hold harmless Skillit, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
No Class Actions
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
These Terms constitute the entire and exclusive understanding and agreement between Skillit and you regarding the Site, Services, Skillit, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Skillit and you regarding the Site, Services, Skillit, and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section above or by court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or if you timely opt out of arbitration in accordance with the terms set forth above) that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Skillit‘s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Skillit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Skillit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by post.