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.

About These Terms of Service and Our Privacy Policy

In General. These Terms of Service, including any and all revisions (collectively, the “TOS”), govern your use of the Website and the services provided under any Skill Me Up subscription plan (“Subscription”) you purchase. The Skill Me Up Privacy Policy [link] explains what type of data we collect about you, how we use it, and your rights regarding that data. Please read both these TOS and the Privacy Policy carefully to be certain you understand and agree to their terms. By clicking “I Agree,” you represent that you are 18 years of age or older; you accept and agree to be legally bound by these TOS; and you expressly consent to the Skill Me Up Privacy Policy.

Team and Enterprise.

If you purchase a Team or Enterprise Subscription, you understand and agree that these TOS legally bind the entity making the purchase. You further understand and agree that these TOS govern the use of the Website and the Services (described below) by all users included in your Subscription (“Users”). If any User will be under the age of 13, you represent and warrant that, prior to providing Skill Me Up with any personal information of such child, you will (1) provide notice to the parent or legal guardian of such child of the child’s impending use of the Services and their rights under the Skill Me Up Privacy Policy and (2) obtain their verifiable consent for use to collect and process the child’s personal data. Updates. We may update these TOS from time to time, and it may not be possible for us to notify you of all such changes, so be sure to check back from time to time to see if the “last revised” date has changed.

About Subscriptions

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.

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”).

Restrictions.

You represent and warrant that you will not engage in the following activities, or assist anyone else in doing so:

Your Work.

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.

Support.

Skill Me Up will provide you with reasonable levels of customer support in using the Services, as determined in its sole discretion.

Third-Party Products.

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.

Intellectual Property

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:

Indemnification

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.

Miscellaneous

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.