Skill Me Up Terms of Service
Last Revised: 5/18/2020, 2020
Welcome to Skill Me Up, located at www.skillmeup.com (the “Website”) and owned and operated by Skill Me Up, LLC, a Texas company with a principal place of business at 1701 Shoal Creek, Suite 246, Highland Village, Texas 75077. Through the Website, you may purchase and access various training services regarding use of certain third-party products. These training services are also owned by Skill Me Up.
Team and Enterprise.
Subscription Plans. Three levels of Subscription are available: Individual, Team, and Enterprise. Skill Me Up will provide you with the features of the Subscription you purchase as described on the Website at the time of purchase and otherwise during the purchase process (the “Services”), or in the case of Trial Subscriptions, at the time you subscribe. Features may be modified from time to time, at the sole discretion of Skill Me Up.
Subscription Fees. Current Subscription fees can be found here. Skill Me Up has the right to modify Subscription fees at any time. We will notify you of any changes, and new fees will apply to your next Subscription period.
Subscription Periods; Cancellation.
- Trial Subscriptions begin on the date you subscribe and expire in ten (10) days. Unless cancelled prior to expiration, Trial Subscriptions will automatically renew for the Subscription period (monthly or annual) you selected when you subscribed, and your method of payment will be charged.
- Purchased Subscriptions begin on the date of purchase and expire at the end of the Subscription period (monthly or annual) selected.
- Unless cancelled or terminated prior to expiration, Subscriptions will automatically renew for the selected Subscription period, and your method of payment will be charged at the beginning of each new Subscription period.
- You may cancel a Subscription at any time by [provide instructions]. You will continue to have access to the Services until the end of the current Subscription period.
- Skill Me Up reserves the right to suspend or terminate any Subscription should it determine, in its sole discretion, that any User has violated these TOS.
- No refunds are given for termination or cancellation of Subscriptions.
License and Use
License. Skill Me Up hereby grants to you, and if you are purchasing a Team or Enterprise Subscription, to each User under that Subscription, a personal, limited, revocable, non-transferrable, non-exclusive license to use the Services and any materials provided to you on the Website in association with the Services (the “Materials”) in accordance with and subject to the terms of these TOS and only for your own personal, non-commercial use (a “License”).
You represent and warrant that you will not engage in the following activities, or assist anyone else in doing so:
- Knowingly allowing anyone else to access or use the Services through your account;
- Copying, downloading, or otherwise infringing copyrights or other rights in the content of the Website, the Services, or the Materials;
- Using any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Website, Services, or Materials;
- Reverse engineering any portion of the Website or the Services;
- Collecting or harvesting any information from the Website or the Services;
- Using any device, software, or routine that interferes with or attempts to interfere with the proper working of the Website or the Services;
- Doing anything that could disable, overburden, or impair the proper functioning of the Website or the Services; or
- Using the Services in any way other than for their intended purpose.
You will be able to create applications and other materials during the course of participating in some training activities comprising the Services, such as hands-on labs. Skill Me Up does not store such work after completion of the specific activity.
Skill Me Up will provide you with reasonable levels of customer support in using the Services, as determined in its sole discretion.
Certain Services include access to and use of products belonging to and controlled by parties other than Skill Me Up (collectively, “Third-Party Products”).
SKILL ME UP CANNOT AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT ANY THIRD-PARTY PRODUCT, INCLUDING BUT NOT LIMITED TO ITS CONTINUED AVAILABILITY DURING YOUR USE OF THE SERVICES, ABILITY TO MEET YOUR NEEDS, PERFORMANCE OR LACK THEREOF, OR ANY OTHER ASPECT OF ANY THIRD-PARTY PRODUCT. YOU AGREE THAT YOU WILL NOT ATTEMPT TO HOLD SKILL ME UP LIABLE FOR ANY ASPECT OF ANY THIRD-PARTY PRODUCT OR THE RESULTS THEREOF, OR ASSIST ANYONE ELSE IN DOING SO.
Skill Me Up either owns or licenses from others all rights in and to the Services and the Materials, including but not limited to copyright and patent rights. Skill Me Up owns all rights in and to the service mark SKILL ME UP® and the design version thereof. You represent that you will use the Services and the Materials only in accordance with these TOS, and that you will not use the Services, the Materials, or the Skill Me Up service marks in any way that might infringe anyone’s rights in them.
DISCLAIMERS; LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:
- ALTHOUGH SOME SERVICES ARE DESIGNED TO PREPARE YOU TO TAKE EXAMS TO OBTAIN CERTIFICATION IN THE USE OF THIRD-PARTY PRODUCTS, NONE OF THE SERVICES ARE CERTIFIED OR ENDORSED BY ANY THIRD PARTY.
- YOU WILL NOT ATTEMPT TO HOLD SKILL ME UP RESPONSIBLE OR LIABLE FOR TIMELINESS, INACCURACY, OR IMPROPER DELIVERY OF THE SERVICES OR THE MATERIALS.
- THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS, AND YOUR USE OF THEM IS AT YOUR OWN RISK. SKILL ME UP MAKES NO PROMISES, WARRANTIES, OR GUARANTEES, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICES OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO THEIR UNINTERRUPTED AVAILABILITY OR ABILITY TO MEET YOUR NEEDS.
- IN ALL CIRCUMSTANCES, SKILL ME UP’S LIABILITY ARISING OUT OF OR RELATED TO THESE TOS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU DURING THE SUBSCRIPTION PERIOD IN WHICH THE EVENT GIVING RISE TO LIABILITY OCCURS. APPLICATION OF THIS LIMITATION EXPRESSLY INCLUDES (1) LIABILITY FOR NEGLIGENCE; (2) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (3) EVEN IF SKILL ME UP IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (4) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES SHALL SKILL ME UP BE OTHERWISE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TOS.
- UNDER NO CIRCUMSTANCES SHALL SKILL ME UP BE LIABLE TO YOU FOR ANY FAILURE, DELAY, OR INTERRUPTION OF THE SERVICES OR THE ABILITY TO ACCESS OR USE THE SERVICES OR MATERIALS THAT RESULT FROM A CAUSE BEYOND THE REASONABLE CONTROL OF SKILL ME UP.
You agree to indemnify and hold harmless Skill Me Up and our representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, and independent contractors from any claim or demand, including reasonable legal fees, that may be filed by any third party arising out of: (1) your use of the Services or the Materials; (2) your violation of these TOS, including the breach of any representation or warranty made by you; or (3) any violation by you of the rights of someone else.
Dispute Resolution, Governing Law, and Interpretation
Arbitration. In the event of any dispute, claim, question, or disagreement arising from or relating to these TOS, you and Skill Me Up agree to use our best efforts to settle the dispute, claim, question, or disagreement. Accordingly, we agree to consult and negotiate with each other in good faith and attempt to reach a fair and equitable solution satisfactory to both. If unable to do so within a period of sixty (60) days, then, upon written notice by either of us to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules & Procedures. Unless otherwise agreed by both of us in writing, each of us shall pay half of the total fees and costs of arbitration. Exclusive venue for any arbitration shall be Denton County, Texas, United States. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. Governing Law. These TOS will be governed by and construed in accordance with the applicable laws of the State of Texas, United States. You and Skill Me Up irrevocably agree that any legal action, suit or proceeding that is not otherwise subject to the above arbitration provision will be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the state and federal courts located in Denton County, Texas, United States. We each irrevocably submit to the sole and exclusive personal jurisdiction of the courts in Denton County, Texas, United States, generally and unconditionally, with respect to any action, suit or proceeding brought by either of us against the other party. Notwithstanding the foregoing, Skill Me Up may bring a claim for equitable relief in any court with proper jurisdiction. Force Majeure. Neither of us shall be considered in breach of these TOS should we reasonably be prevented by an event that is beyond the reasonable control of either of us from complying with any of our respective responsibilities or obligations to each other, nor shall either of us be liable to the other for performance delays or non-performance due to such event.
Assignment. Skill Me Up may assign or subcontract our rights and/or obligations under these TOS in whole or in part, in which case we will provide you with notice in a timely manner. You may not assign your rights and/or obligations under these TOS in whole or in part without our prior written consent. Other Agreements. These TOS constitute the complete understanding of the parties with respect to the subject of these TOS and supersede all prior oral or written agreements or proposals of the parties relating to the subject of these TOS. Severability. Any provision of these TOS that may be deemed invalid or unenforceable shall in no way invalidate or render unenforceable the remainder of the TOS, which shall remain in full force and effect. No Waiver. The failure or delay of a party at any time to enforce performance of these TOS shall not be construed as a waiver of the right to do so at any subsequent time. Language. In the event that this TOU is provided in multiple languages, the English version shall control.