The Bad day

Last Updated: 

February 20, 2024

MYSKILLIT, INC. (referred to as “Company, “we”, or “our”) is a discovery booking platform that facilitates in-person entertainment and learning experiences (the “Services”) for individuals looking to engage in curated experiences (referred to as “Skillit(s)”) from individuals or organizations that teach these unique skills (referred to as “Maker(s)”).

The following Terms and Conditions (hereinafter referred to as the “Terms”) between you, and/or any individual that you are signing on behalf of to participate in the Skillit when purchasing (which shall be collectively referred to as “you”, “your”, or “Learner(s)”) and Company, describe the specifications in which you may browse, register, access, create a profile, communicate, and/or book a Skillit, on Company’s website www.myskillit.com (the “Website”). Any use of the Website is conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By using the Website, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not use the Website.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW COMPANY’S PRIVACY POLICY BEFORE USING THE WEBSITE OR SERVICES. YOU MAY NOT USE THE SERVICES IF YOU (a) DO NOT AGREE TO THESE TERMS; OR (b) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY SERVICES BY ANY APPLICABLE LAW.

Any new features or tools which are added to the Website shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time via the Website. Company reserves the right to update, change, or replace any part of the Terms at any time by posting updates and/or changes on the Website, at its sole discretion without any notice to you. Your continued use of, or access to the Website, following the posting of any changes to the Terms constitutes acceptance of those changes.

For the avoidance of doubt, these Terms apply to all individuals that are participating in any Skillit, including any parent or guardian that is registering on behalf of a minor, regardless of if there is one Account or purchaser.

1. Registration
   1. In order to access or use the Website or any of our Services, you will be required to create an account (“Account”). To register and create an Account, you must provide your first and last name, email address, username, password, shipping, billing, and payment information (together your “Personal Information”). You represent and warrant that at all times (a) the information that you provide shall be true, accurate, current, and complete; and (b) you will keep your Account up to date. Company is not responsible for any errors made by you when entering your Personal Information.
   2. Our Services may allow the sharing of your information, including but not limited to, your Account, certain Personal Information, your profile, links that you share, information about your business, products, services, videos, and private or public messages. Your engagement with our Services (including but not limited to, interaction with other Learners, posting on forums, advertisements, or user generated content viewed or accessed) may be shared with others in accordance with our Privacy Policy and these Terms.
   3. You are responsible for (a) all activities that transpire on or with your Account including but not limited to sharing any information with other Learners and Makers; (b) any content you contribute, in any manner, to your Account and the Website, whether it be publicly displayed or personally transmitted between Makers and other Learners; and (c) any act or omission related to your Account, or the use thereof, that would be deemed a violation of the Terms or the Privacy Policy.
2. Prices and Payments
   1. No Initial Fee. There is no initial fee for Learners to create an Account with Company.
   2. Prices and Payment. Unless otherwise noted, prices for each Skillit shall be listed on the Website. Learners can submit payments directly through the Website, via Stripe, a third-party payment application. You authorize Company to share your Personal Information, including any billing and transaction information related to your use of the third-party payment processing service. Payment processor fees may vary but are typically between 3-5%. You understand and agree that by accessing our third-party payment providers, you are doing so at your own risk. The Company. shall not accept or undertake any liability in relation to the processing of your data or Personal Information processed through any third-party payment application and your sole and exclusive right and remedy against such third-party payment application shall be limited to the terms and conditions set out in their respective terms of use.
   3. Non-Circumvent. You agree that by creating an Account and using our Services that all transactions and bookings of any Skillits shall take place on the Website. Under no circumstances shall you attempt to contact or accept any type of Skillit or experience similar to a Skillit directly from a Maker that you found on the Website.
3. Rewards and Promotions
   1. Rewards Program. Company offers a rewards program that is integrated into each Skillit. For every Skillit completed, there are badges rewarded on your Account profile page. Badges do not currently have any monetary value but showcases the types of skills that you have learned by engaging in our Services. There are currently five (5) different badges that you can receive.
   2. Promotions. Company may offer discounts, sales, and/or reward system benefits on the Website (“Promotions”). Any prices, discounts or reward system requirements are subject to change without notice. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, that promotion’s terms and conditions shall take priority and govern that specific circumstance.
4. Service Terms
   1. By agreeing to these Terms, you represent that you are at least eighteen (18) years of age or older. Minors may use the Website and or engage in a Skillit under the supervision of their parents or a legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, you are fully responsible for their use of the Website, and engagement in any Skillit, including all risks and liabilities.
   2. Company reserves the right to refuse access to the Website and/or any of the Services to anyone at any time and for any reason, including but not limited to, any breach or violation of these Terms. Company reserves the right but does not have any obligation to pre-screen, refuse, and/or delete any Services or content from the Website.
   3. You may not use the Services for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You represent and warrant that you are using the Website for your own personal use and not for resale, export, or any other unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of the Services.
   4. You agree not to use the Website or Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
   5. You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your use of or access to any of the Services or the Website at our sole discretion, for any reason, including but not limited to:
      1. any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;
      2. by way of request from law enforcement or any other governmental agencies;
      3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
      4. any engagement by you in any fraudulent or illegal activities; and/or
      5. the non-payment of any associated fees that may be owed by you in connection with your Account. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account, associated email address and/or access to any of our Services.
5. Cancellation or Pausing Account; Refunds
   1. Pausing Account. Learners may pause or delete their Learner Account if all payments due are rendered.
   2. Cancelling Account. Learners may cancel their Account at any time with no cancellation fee, however any payments made toward a future or past Skillit will be non-refundable.
   3. Cancelling a Skillit. A Learner is required to notify Company in writing of a cancellation request of any pre-booked Skillit, at least forty-eight (48) hours prior to the scheduled date of the Skillit (the “Allowed Time”). If Learner cancels prior to the Allowed Time, all booking fees are non-refundable and Learner will be afforded the option of either a refund of the total purchase price of the Skillit, less the booking fee, or a credit for a future Skillit. If credits are provided, Learner may apply such credits to order a future Skillit and will not incur an additional booking fee for such Skillit ordered with their credits. If Learner fails to cancel a pre-booked Skillit prior to the Allowed Time, they will not be eligible for any refund or credit. For avoidance of doubt, if the Learner attempts to cancel under forty-eight (48) hours), then they shall be responsible for the entire amount of the Skillit including the booking fee.
   4. Company is not responsible for errors made by you during the ordering or cancelling process. If you are unhappy with the Services, contact the Company directly at [email protected]. Company shall address any issues, concerns, or dissatisfactions on a case-by-case basis.
6. Accuracy, Completeness, and Timeliness of Information
   1. Company shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk.
   2. Company reserves the right to modify or update the contents of the Website at any time. It is your responsibility to monitor the Website for any changes that may occur. Company strives to display accurate price information, however, on occasion, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors or omissions at any time without notice, and to cancel any orders arising from such occurrences.
7. Intellectual Property & Proprietary Rights
   1. Company owns, solely and exclusively, all right, title, and interest in and to its Services and the Website; all content, software code, data, the look, feel, design and organization of the Website; and the compilation of the content, code, data, and materials on the Website, including but not limited to any intellectual property and/or proprietary rights. Company reserves all rights in and to the Website not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Website, in whole or in part.
   2. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website, your use of the Services, or your experience in any Skillit on any third party website, blog, article, or social media website (“Your Content”), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter, including but not limited to advertising, promoting, and marketing the Website and Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
8. Acceptable Website Use
   1. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) on the Website or as part of the Service (collectively, “Content”). You may not Post on the Website or as part of the Service, or transmit to the Website any material or engage in conduct on or through the Website that is: (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful; or (v) that expresses or implies that any statement(s) you make are endorsed by Skillit, the Website, or any related websites, affiliates or subsidiaries. You represent and warrant that all information that provided upon registration is accurate and truthful and that you will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
   2. Skillit reserves the right, but has no obligation, to monitor any Content you post on the Website or as part of the Service. Skillit may remove any Content for any reason whatsoever. Without limitation, Skillit may remove Content that, in its sole opinion, violates, or may violate any applicable law, or the letter or spirit of this Agreement. Skillit may also remove any Content upon the request of any third party, or for any other reason whatsoever. Skillit, in its sole discretion, may suspend or ban anyone who posts Content that is objectionable for any of the reasons given in this paragraph or for any other reason.
   3. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or breaching (or attempting to breach) security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or any manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; or (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website, or any software used on or for the Service or the Website, or causing others to do so.
   4. The Website may only be used for lawful purposes and You represent, warrant, and agree that You will not use (or plan, encourage or help others to use) the Website or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Website and the Service complies with this Agreement, and to seek prior written consent from Skillit or Skillit for any uses not permitted or not expressly specified herein. Skillit specifically prohibits any use of the Website or the Service, and You hereby agree not to use the Website or the Service, for any of the following:
      1. Posting any incomplete, false, misleading or inaccurate Content about yourself and/or your profile;
      2. Posting any Content that is not entirely your own or which You do not have full rights to use;
      3. Impersonating or otherwise misrepresenting an affiliation, connection or association with any person or entity;
      4. If You have a password, allowing any other person to access a non-public area of the Website, disclosing or sharing your password to or with any third parties or using your password for any unauthorized purpose; using meta tags or code or other devices containing any reference (express or implied) to the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Website) to direct any person to any other website for any purpose;
      5. Soliciting, from other users, passwords or personal identifying information for commercial or unlawful purposes, or for any other reason that would constitute a violation of this Agreement;
      6. Engaging in advertising to, or solicitation of, other Members to send money, or buy or sell any products or services. You may not transmit any chain letters or junk/spam email to other Members. If You breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, You acknowledge that You will have caused substantial harm to Skillit;
      7. Posting advertisements or solicitations of employment, business or pyramid schemes;
      8. Using the Website or Service for activities that violate any law, statute, ordinance or regulations;
      9. Using the Website or Service to encourage, promote, facilitate or instruct others to engage in illegal activity;
      10. Bullying, stalking, intimidating or otherwise harassing any other Members or Company employees or representatives;
      11. Framing or mirroring any part of the Service or the Website, without the Company’s prior written authorization;
      12. Using the Service in order to damage Skillit or any of Skillit’s related websites, affiliates or subsidiaries;
      13. Using the Website for any competitive purpose, including copying, soliciting, competitive or market analysis or any other use by a competitor;
      14. Any other use that violate the Terms, Privacy Policy and/or any applicable law, including without limitation laws related to export controls.
9. Ratings and Reviews
   1. You may have the option to provide a rating and/or review of the Website, Services, and Skillit (“Feedback”). Any Feedback you leave must reflect your honest opinion. Company may remove Feedback at any time, without notice. Company, in its sole discretion and for any reason, may also deny permission to any specific Learner to leave Feedback.
   2. You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally would, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Company, including any of its associated employees, contractors, Maker, or any participating Learner.
10. Communications Not Confidential
    1. It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your content, information, ideas, suggestions, or other materials are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited content, information, ideas, suggestions, or other materials, and take no responsibility for any content, information, ideas, suggestions, or other materials so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that we are free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever and in our sole discretion, including, without limitation developing and marketing products and services, without any liability or payment to you.
11. No Professional Advice
    1. As outlined in the Disclaimer, the information provided by Company and its Makers does not, and is not intended to, constitute any type of medical or professional advice. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services, Skillits, and Website. For the avoidance of doubt, Company does not act as an employee, manager, doctor, counsellor, or other agent to you.
12. No Harassment
    1. You will not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to You. If we feel that your behaviour towards any of our employees or agents is at any time threatening or offensive, we reserve the right to immediately terminate your Membership and You will not be entitled to any refund of unused Skillits.
13. Disclaimer of Warranties and Limitation of Liability
    1. Assessment of Risk. You acknowledge that you are solely responsible for your own assessment as to whether to purchase a Skillit. Company does not make any representations or guarantees about the truth, quality, efficacy, or accuracy of a Maker’s listing or other content on the Website; does not verify any feedback or information provided by users of the Website about the Makers and does not otherwise vet or perform background checks on the Makers. Please note that Company solely relies on statements made by Maker that Maker is experienced in the area of their claimed expertise. You acknowledge, agree, and understand that the Company does not, in any way, supervise, direct, control, or evaluate the Makers or their work and is not responsible for any services, project terms or the Maker’s work product. Company makes no representations about and does not guarantee, and you agree not to hold the Company responsible or liable for, and the Company does not take any responsibility or liability for the content, quality, safety, or legality of the Makers’ services; the qualifications, background, or identities of Makers on our Website; the ability of the Makers to deliver services; or statements or posts made by Makers or Learners.
    2. Non-Discrimination. For the avoidance of doubt, Company does not discriminate against any gender identity and welcomes support from all individuals regardless of gender. Any complaints regarding discrimination are taken seriously and Company has a policy to address such concerns.
    3. Data Privacy. You understand that the use of third-party servers or platforms may involve transmission of data over networks that are not owned, operated, or controlled by Company, and Company is not responsible for any data lost, altered, intercepted, or stored across such networks. Company cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.
    4. Alcohol or Substances. Learners may have the option to consume, purchase, or produce alcohol or other substances in connection with the Skillit offered through the Website. Each Learner hereby agrees that it will comply with all applicable laws and not cause any party to contravene any applicable laws. Each Learner hereby agrees that if it signs up for any Skillit involving the consumption, purchase, or production of alcohol or substances, that: (a) it is of legal age for such activities; and (b) it may be harder to maintain appropriate social distancing, mask wearing, and other COVID-19 precautions if participants have consumed alcohol or other substances. Each Learner hereby agrees to provide valid government-issued identification proving its age to Makers or to the Company upon request, to the extent reasonably required to verify that its participation in Skillit will not violate applicable laws. Each Learner hereby agrees that if any applicable legal requirements with respect to its consumption, purchase, or production of alcohol or drugs are not met, Company reserves the right to cancel its order without refund. To the extent a Skillit involves the consumption of alcohol or any substances, each Learner hereby agrees to consume such products responsibly and not to drive under the influence of such products.
    5. Disclaimer. THE USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF COMPANY’S SERVICES. YOU ASSUME ALL RISK AND LIABILITY FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR THE SERVICES, YOUR DEALINGS WITH ANY MAKER OR LEARNER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE THE SERVICES; AS WELL AS YOUR USE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE WEBSITE AND ANY ASSOCIATED WEBSITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF OUR WEBSITE.
    7. THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
    8. Exclusion of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR PURE ECONOMIC DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    9. Limitation of Liability. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO ANY PAYMENT MADE BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT TO WHICH THE LIABILITY AROSE.
    10. In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Website is for informational purposes only. Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional advice, you should consult with a trained and qualified professional.
    11. The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or wilful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.
    12. Indemnity. To the fullest extent permitted by applicable law, You release and hold harmless, the Company from responsibility, liability, claims, demands or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in your favour at the time of agreeing to this release.
14. Arbitration and Disputes
    1. Disputes. While we may help facilitate the resolution of disputes, Company has no control over and does not guarantee: (a) the quality, reliability, accuracy, or effectiveness of any Services or Skillits; (b) the truth or accuracy of any listing descriptions, ratings, reviews, or other users; or (c) the performance or conduct of any third party. Company does not endorse any Maker. Any references to a Maker being “verified” (or similar language) only indicates that the Maker has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Company about any Maker’s ability or quality. Learners should always exercise due diligence and care when deciding whether to purchase a Skillit, engage a Maker, or communicate and interact with other users, whether online or in person.
    2. Release. Company is not a party to any services between Learners, therefore Learners hereby release and hold harmless the Company, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any and all claims, injuries, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees), known and unknown, arising out of or in any way connected with any dispute that a Learner shall have with another Learner, whether it be at law or in equity that exist as of the date of these Terms.
    3. If a controversy or claim should arise, the Company and the Learner (referred to each as a “Party” and together the “Parties”) will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding C. The written decision of the arbitrator shall be final and binding. The arbitration shall be administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association. excluding rules or procedures governing or permitting class actions. Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.
15. Notices
    1. Company may provide any notice to you under the Terms by: (a) sending a message to the email address you provided; or (b) by posting directly to the Website. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your email address current and review new notices.
    2. To provide Company notice under these Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent.
    3. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.
16. Miscellaneous
    1. Third Party Content. Our Services shall contain links and references to other third-party service providers (“Third Party Content”). Company is not responsible for any Third Party Content or the actions of those providing such content. Any information regarding a third party found on the Website does not imply that Company endorses or accepts any responsibility or liability for the third party, or vice versa.
    2. Indemnification. By using the Service, you agree to indemnify, hold harmless, and defend Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees resulting directly or indirectly from a claim by a third party that is based on your use of the Services.
    3. Privacy Policy. Company respects your privacy and is committed to protecting it. To learn more please visit the Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Company.
    4. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Nevada without giving effect to any choice or conflict of law provision or rule.
    5. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
    6. Waiver. The failure by Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
    7. Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
    8. Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
    9. Compliance. You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the United States of America Export Administration Act (“Export Laws”), each user states that such user is (a) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if a Campaign is deemed to be in violation of export laws.
    10. Notice to New Jersey Clients.  If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.
    11. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Website must be filed within two (2) years after such claim or cause of action arose or be forever barred.
    12. Entire Agreement. These Terms constitute the sole and entire agreement between you and the Company regarding the Website, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. These Terms and our Privacy Policy will be deemed final on the matters contained herein. You may also be subject to additional Terms that may apply if you make a purchase from a third party. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Company in connection to the use of its Services defined herein..

If you have any questions, please contact Company directly:

Email: [email protected]

Learners may cancel their Account at any time with no cancellation fee, however any payments made toward a future or past Skillit will be non-refundable. If a Learner has to cancel a pre-booked Skillit, Learner must notify Company at least forty-eight (48) hours prior to the scheduling of that Skillit or shall be subject to the entire cost of the Skillit. 

Maker may cancel or postpone a scheduled Skillit at least seventy two (72) hours prior to the agreed commencement time. In the event of cancellation, Maker is required to use all reasonable efforts to notify the Learner as soon as practically possible and to mitigate the impact of such cancellation.