Terms and Conditions
Updated: November 1, 2021
By visiting, viewing, using, or accessing our applications, platforms, functionalities, content, materials, or other online services provided by Skillable (the “service” or “services”), whether as an authorized user of a Skillable customer, a guest or a user registered directly with Skillable, you are agreeing to the following terms and conditions (“Terms and Conditions”).
These Terms and Conditions as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, the “Terms”) are entered into by and between you and Hands-On Learning Solutions, LLC, d/b/a Skillable, a Delaware Limited Liability Company (“we”, “our” or “us”).
You acknowledge and agree that by (i) visiting, viewing, using, or accessing any Skillable service, or (ii) clicking “Agree”, or similar links, that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are an authorized user, guest or a registered user. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE THESE SERVICES, WHICH ARE EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS.
To the extent that you have entered into another agreement with Skillable or that your use of the services is governed by another agreement with Skillable that contains terms that directly conflict with any of these Terms, then the conflicted terms set forth in such other agreement will control.
2. Account Access
3. Usage Restrictions
As a condition of using the Skillable services, you agree to the following usage restrictions.
(a) User Obligations. You agree that when using any Skillable service you will:
(i) comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries);
(ii) provide true and accurate information to us and keep it updated; and
(iii) only use the Skillable services in compliance with any applicable license agreement or service agreement.
(b) Prohibited Conduct. You agree that when using any Skillable service you will not:
(i) reproduce, redistribute, transmit, assign, sell, broadcast, share, modify, create derivative works of, license, capture, save, upload, print, or otherwise transfer or retain information the any intellectual property or content available, unless you have the express right for same;
(ii) manually or systematically harvest, scrape, collect or otherwise extract information or data contained in or used by any Skillable service;
(iii) permit or provide others unauthorized access to the services;
(iv) remove or modify any copyright, trademark, legal notices, or other proprietary notations from any proprietary materials in the services;
(v) violate or attempt to violate any of Skillable’s security mechanisms, attempt to gain unauthorized access to the services or assist others to do so;
(vi) post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content;
(viii) use or attempt to use the services to store or transmit software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment; and/or
(ix) use the services in any manner that could disable, overburden, damage, or impair the services, interfere with any other party’s use of the services (including their ability to engage in real time activities through the services), or otherwise attempt to interfere with the proper working of the services.
(c) Restricted Use of Services. We reserve the right to monitor use of the services and to suspend, revoke, deny, disable, or terminate your access if you violate any provisions of these Terms or the terms of any other applicable license or service agreement.
5. Representation, Warranties and Covenants
(a) Your Representations and Warranties. You represent and warrant that:
(i) You are over the legal age required in your jurisdiction to agree to these Terms and to use the services;
(ii) You are not located in, under the control of, or a national or resident of any country subject to United States export controls or any applicable embargo or other trade restriction by any government regulatory agency having jurisdiction. Although the services may be accessible worldwide, we make no representation that the services are appropriate or available for use in your specific location, and accessing the services from territories where its contents or materials are illegal, is prohibited. Those who choose to access the services from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the services is void where prohibited.
(iii) You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the services including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
(b) Contents. The content and materials presented on or through the services is made available solely for general information purposes. We do not warrant the accuracy or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on any materials by you or any other user of the services, or by anyone who may be informed of any of its contents. The services may include content provided by third parties, including materials provided by other users, or third-party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Skillable, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Skillable. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, and use of any services provided by third parties is subject to their policies and at your own risk.
(c) Availability of Services. Skillable does not warrant that the content or functions of the services will meet your specific requirements or that the operation of the services will be uninterrupted or error free. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the services. You further acknowledge and accept that the services may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the services, or any other delays outside of our control.
(d) Non-Skillable Products. If you install or enable Non-Skillable products for use with these services, you acknowledge that Skillable will not be responsible for the Non-Skillable products including any use, disclosure, modification, or deletion of user content while accessed or transmitted through such Non-Skillable products.
Skillable may revise and update these Terms at any time. Your continued usage of the services after any changes to these Terms will mean you accept those changes. Any aspect of the services may be changed, supplemented, deleted or updated without notice at the sole discretion of Skillable. Except as otherwise provided in any applicable license or service agreement, Skillable may establish or change, at any time, general practices and limits concerning other Skillable products and services in its sole discretion.
7. Governing Law
Unless otherwise established by applicable license or service agreement, these Terms shall be construed under and controlled by the laws of the State of Florida. In the event of any controversy or claim arising out of the Services or these Terms (“Dispute”), the parties agree to submit all Disputes to binding arbitration before a single arbitrator appointed pursuant to the commercial rules for the American Arbitration Association (the “Rules”). The arbitration will be resolved by the arbitrator and applying the then-current Rules. Any such arbitration shall be held in New Port Richey, Florida.
8. Limitation of Liability
Except where prohibited by law or as provided for in another agreement, if any, in no event will Skillable be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Skillable has been advised of the possibility of such damages. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.