Terms of Service

for Skipper, LLC

This Terms of Service agreement (the “Terms”) sets out the terms for use of the Skipper social learning platform located at skipper.io, provided by Skipper, LLC (“Skipper”).  Skipper is a multi-sided platform (“Skipper Platform”) that brings parents, guardians,  students, and educators together, (“Users”). There they can create and share content, build and host classes, and have discussion groups. The content can either be original, shared, or saved from the web (e.g. embedded videos, URL links, images).  Skipper offers this platform along with additional services and tools (“Skipper Services”).

When We refer to “You” or “Your,” in these Terms, We mean children, parents, guardians and Educators, and their respective possessive, all Users of the Skipper Platform. References to “We” or “Us” or “Our” refer to Skipper.

These Terms, together with the Skipper Privacy Policy found at skipper.io/terms form a legal agreement with anyone using the Skipper Platform.  Please read them carefully and contact us at compliance@skipper.io if you have any questions.  

Last updated 02/09/2023

Scope of Skipper Services

The Skipper Platform is an online service that enables registered Users and certain third parties (“Educators” as further described in Section 10)  to offer courses, lectures, and classes (“Educational Services”) on the Skipper Platform and to communicate and transact directly with Users that are seeking such Educational Services (“Students”). Skipper is not a content provider nor an educational institution. Users of the Skipper platform are not employees of Skipper. Except as otherwise provided in these Terms, Skipper is not responsible for interactions between Users. Skipper is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of relationships by and between Users, including but not limited to, any User reliance upon any information provided by another User any time.

You must be at least 18 years old to create an account on the Skipper Platform.   If you are under the age of 18, you may only access the Skipper Platform after a parent or guardian registers an account and provides you with the login credentials needed to access the Skipper platform. By using the Skipper Platform, you are warranting that you have obtained the appropriate permissions to use Skipper and are using the platform consistent with the requirements contained in these Terms.

Using the Skipper Platform

Skipper only provides Educators with limited information about the Students. This includes relevant course reports and statistics and the Educational Services in which the Learner has enrolled or wants further information. Students/Parents/Guardians assume full responsibility for the disclosure and use of any other personal information disclosed to anyone on the Skipper Platform.

Communicating, Sharing Content and User Interaction

While Skipper owns all the artwork (backgrounds, stickers, messages etc) provided on the platform’s built in library, You own all of the content and information (“Content”) that You post on Skipper, and You control how it is shared and used through settings further described in Section 9 of these Terms. You grant Skipper the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content. This enables Skipper to store and distribute Your content pursuant to the settings that you choose.  Your Content includes Your personal information and any information you upload, whether created by You or by third parties, including but not limited to, weblinks, pictures, videos, files, templates, white boards, quizzes and assignments, and documents (including presentations and other materials such as lectures, courses, and course materials).

Users may engage in a host of activities on the Skipper platform including, but not limited to, the following:

  • saving, organizing, creating and sharing Content;
  • creating and hosting discussions and groups (e.g. Facebook);
  • interacting in private messaging and discussions, and participating in community groups,;
  • (Educators) creating and hosting courses or providing other Educational Services;
  • (Students) taking courses and participating in other Educational Services; 
  • performing academic and personal recordkeeping; and,
  • accessing their accounts in third-party services.

You may request Your Content deletion at any time from Skipper. However, if the Content has already been shared with others and they have not deleted it, or it was copied based on your "Copyable" settings or stored by other Users, Skipper cannot guarantee its deletion. By submitting Content created to any public area of Skipper, a user warrants that the owner of any such material has expressly granted Skipper the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. 

Skipper may notify You of relevant information regarding the Skipper Platform and Skipper Services using any of the following means: (a) by emailing You at the contact information You provide in Your Skipper Account registration as defined in Section 8, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Skipper Platform in an area suitable to the notice. It is Your responsibility to periodically review the Skipper Platform for such notices.

License

Skipper grants You a limited, non-exclusive, revocable, non-transferable license to access and use the Skipper Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else. You agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Skipper Platform. You also agree that in exchange for this license, You will not engage in any activity that would interfere with or damage or harm the Skipper Platform. All rights not expressly granted in the Terms are reserved by Skipper.

Intellectual Property and Content

Skipper respects the intellectual property rights of others and expects its users to do the same. No user shall upload, post or otherwise make available on the Skipper  Platform any material protected by copyright, trademark, or other proprietary rights, without the express written permission of the owner of the copyright, trademark, or other proprietary rights. The burden of determining that any material is not protected by copyright lies with the user, who shall be solely liable for any damage resulting from any infringement of copyright, proprietary right, privacy right, or any other harm resulting from such a submission. Skipper’s image search features are powered by Unsplash and Pixabay are released under Creative Commons CC0. To the extent possible under law, uploaders of Unsplash and Pixabay have waived their copyright and related or neighboring rights to these Images. Adult Users also have access to YouTube searches.

The Skipper Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music, and sound, portions of which are owned by Skipper. The contents of the Skipper Platform created by Skipper are copyrighted as a collective work/compilation. No User may modify, publish, transmit, or participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Skipper.

Skipper” and “Skip ‘N’ School” are trademarks of Skipper, LLC and may not be used for marketing, promotional, or advertising purposes by Users without the express written permission of Skipper.

If You send to Skipper or post on the Skipper Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing/marketing of your products or services incorporating such information, You acknowledge that Skipper can use such User Submissions without acknowledgment or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. This includes any Content that You set to be viewable or copyable by “Everyone” as set forth in Section 9 of these Terms.

Except as otherwise provided in these Terms, the Content that You upload to the Skipper Platform is and remains Your Content. Skipper does not claim any intellectual property rights over the materials You upload to the Skipper Platform by virtue of Your use of Our services.

By uploading Your Content to the Skipper Platform, You agree that:

  • Skipper may, at its option, review Your Content for any reason, including compliance with these Terms and Our policies;
  • You are uploading Your Content to the Skipper Platform at Your discretion and that Skipper does not in any way certify or provide approval or permission prior to You uploading Your Content;
  • Skipper may display Your Content to other users (e.g. Your Students) via the Skipper Platform;
  • You agree that by uploading Your Content to Skipper, You are allowing Us to store Your Content;
  • You agree to provide Skipper with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Skipper Services;
  • You are responsible for and own, or have the rights to use all of Your Content; and,
  • You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

Payment Terms and Skipper Account Status

Skipper provides a free (“Freemium”) model account, along with monthly and annual subscription payment accounts. You agree to pay the then-current fee, if any, for the plan you have selected. The current fee for the account type you have selected will automatically and immediately be posted to your credit card if that is your chosen method of payment, or charged by Stripe for Skipper account to your payment instrument or account. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars.

For monthly subscribers, We will bill your credit card via Stripe the stated monthly fee for your Skipper Account. Your membership will begin once you have successfully completed the sign-up process and your payment is confirmed. Your next recurring payment will automatically be deducted monthly after your initial payment. Renewal: Thereafter, We will renew your monthly subscription every month for accounts created on Skipper unless you cancel. The price is subject to change, but We will always let you know before the price changes.

For annual subscribers, We will bill your credit card via Stripe the stated annual fee for your Skipper Account. Your membership will begin once you have successfully completed the sign-up process and your payment is confirmed. Your next recurring payment will automatically be deducted annually after your initial payment. Thereafter, We will renew your annual subscription every 12 months for accounts created on Skipper, unless you cancel. The price is subject to change, but We will always let you know before the price changes.

Subscription Cancellation: Payment for monthly and annual subscriptions is non-refundable. If you cancel your Skipper Account, your cancellation will become effective at the end of the then-current paid subscription term. At the end of your paid subscription, your Skipper Account will revert to a Skipper Freemium account and will be subject to the restrictions of a Skipper Freemium account. Skipper has no obligation to make your Content available to you after cancellation. However, at any point during your subscription, you can backup your Learner’s submissions data on your computer using Our Download as a PDF feature where provided.

Downgrading a Skipper Account: Users may downgrade to a different Skipper account plan. Such downgrade will become effective, and will be reflected by, Your next recurring payment. Users agree and understand that in downgrading a Skipper account certain features may no longer be available. Skipper is not responsible for any Content or data that is deleted or otherwise lost in the downgrading process.

Deactivation of Skipper Account: You may request to deactivate your Skipper Account at any time. If you deactivate your Skipper Account, your deactivation will be effective immediately, regardless of subscription term. You will not be given any refund even if you deactivate your Skipper Account before the end of the term for which you paid. In deactivating your Skipper Account, you also deactivate your selected payment and will not be charged for the next subscription term. If you have deactivated your Skipper Account in error, or wish to reactivate your Skipper Account, simply login, and click the “Reactivate” button on the Reactivate Account Page. If you reactivate your Skipper Account before the end of your paid subscription term, you will not be charged for the remainder of that current paid subscription term. Parents can deactivate their children’s Skipper Account. They will automatically be dropped from all their active courses. They will have to reactivate their Skipper Account to access all completed coursework.

Deletion of Skipper Account: If Your Skipper Account is deleted (regardless of the reason), Your Content and data may no longer be available, and all licenses granted by Skipper under this agreement will terminate. Skipper is not responsible for the loss of Your Content or data that may have occurred due to the deletion process.

Parents can deactivate their children’s Skipper Account and all their children’s Content will be removed. They will automatically be dropped from all their courses. They will have to reactivate their Skipper Account to access all completed coursework, data or Content.

Accounts on paid subscription plans will be considered active unless Your Skipper Account is in payment arrears or You explicitly request to delete or deactivate your account. Any account on a Freemium plan may be deactivated or deleted by Skipper, at Our option, if the account has no activity on it for a period of at least six months.

All ordering information and payment processing is collected by Stripe for User accounts. Skipper LLC does not collect, use, store, or share credit card or bank account information. Although these safeguards are in place and monitored regularly, Skipper LLC cannot ensure or warrant the security of any information you transmit to Us by e-mail, and you do so at your own risk. Please refer to Stripe’s Privacy Policy here, and Stripe’s Terms of Service here.

Donating to Skipper

We're excited to offer you the opportunity to donate to Skipper to help support the growth and development of the Skipper platform. Your donation is optional and in no way affects your use of the Skipper platform. We use all donations solely to develop and improve the Skipper platform.

Please note that Skipper, LLC is not a non-profit organization, so your donation won't be tax-deductible or result in any credits back to you. However, we express our sincere gratitude for your generosity and support. When you make a donation, you're making a voluntary contribution to help make the Skipper platform even better.

Donations can be made through the secure payment processor Stripe or by check. If you choose to donate by check, please make it payable to Skipper, LLC and send it to:
Skipper, LLC
2830 S. Hulen Street
Fort Worth, TX 76109.

Please make sure to include your name and contact information so we can properly thank you for your support.

You can make a one-time donation or set up recurring monthly donations through Stripe. You can stop these recurring donations at any time. Unfortunately, we can't offer refunds on donations. We may recognize or thank donors with gifts, but these gifts aren't tied to the donation amount and don't imply any specific benefits or services.

Your personal and financial information is important to us, and we take great care to protect it. Donations made through Stripe are protected by secure payment processing, and we won't share your information with anyone else. In addition, we'll take appropriate measures to protect your information if you choose to donate by check.

Finally, we comply with all applicable laws and regulations when processing donations, and we may be required to collect and maintain certain information about donors. We'll make sure to follow all reporting and disclosure requirements.

Term and Termination

For monthly paid subscription and Freemium accounts, this Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time as when You or Skipper terminate the Agreement in accordance with this provision. For annual paid subscription accounts, this Agreement shall be effective for a one year term, at the end of which it will automatically and continuously renew for subsequent one year terms until such time when You or Skipper terminate the Agreement in accordance with this provision.

Skipper may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address. Skipper may immediately, without notice, terminate this Agreement and/or stop providing access to the Skipper Platform if (i) you have materially breached your obligations under these Terms, or Our published policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Skipper believes in good faith that such action is reasonably necessary to protect the personal safety or property of Skipper, its Users, or third parties.

If your payment is invalid for any reason your paid Skipper Account will revert to a Skipper Freemium account and will be subject to the limitations of a Skipper Freemium account.  However, in any such cases, Skipper reserves the right to cancel your Skipper Account entirely. Skipper, LLC further reserves the right to cancel the Skipper Account of any user who attempts to fraudulently manipulate pricing.

In addition, Skipper may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Skipper Account registration, class process or thereafter, (iv) you and/or your Educational Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor ratings or Skipper otherwise becomes aware of or has received complaints about your performance or conduct, (vi) Skipper believes in good faith that such action is reasonably necessary to protect the personal safety or property of Skipper, its Users, or third parties, or to prevent fraud or other illegal activity:

  • limit your access to or use of the Skipper Platform;
  • temporarily or permanently revoke any special status associated with your Skipper Account; or
  • temporarily or in case of severe or repeated offenses permanently suspend your Skipper Account and stop providing access to the Skipper Platform.

When this Agreement has been terminated, you are not entitled to a restoration of your Skipper Account or any of Your Content. If your access to or use of the Skipper Platform has been limited or your Skipper Account has been suspended or this Agreement has been terminated by us, you may not register a new Skipper Account or access and use the Skipper Platform through a Skipper account of another User.

Account Registration

You must register an account (“Skipper Account”) to access and use certain features of the Skipper Platform, such as publishing or joining an Educational Service. If you are registering a Skipper Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant Us all permissions and licenses provided in these Terms.

You must provide accurate, current and complete information during the registration process and keep your Skipper Account and public profile page information up-to-date at all times. You may not register more than one Skipper Account unless Skipper authorizes you to do so. You may not assign or otherwise transfer your Skipper Account to another party.

You can register a Skipper Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook, Snapchat, or Google. Children have the option to log into Skipper with a username or password with parental approval.

You are responsible for maintaining the confidentiality and security of your Skipper Account credentials and may not disclose your credentials to any third party. You must immediately notify Skipper if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Skipper Account. You are liable for any and all activities conducted through your Skipper Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

User Options for Content Sharing and Viewing

Skipper offers several ways to publicly or privately share your Content with others. After creating content to share, you have settings options to make your Content viewable, sharable and/or copyable.

The three copyable settings that determine how Users can reuse Content are:

  • If Your Content copyable setting is “Just Me,” only the User creating the Content can copy, reuse, or remix the Content. 
  • If Your Content copyable setting is “Collaborators,” approved Users can share, copy, reuse, or remix the Content. 
  • If Your Content copyable setting is “Everyone,”  all Skipper Users can access the Content and can reuse, remix, add to or change any of the Content.

The three viewable settings that determine how Users can view and use the Content are:

  • If Your Content viewable setting is “Just Me,” only the User creating the Content can view and use the Content. 
  • If Your Content viewable setting is “Collaborators,” approved Users can view and use the Content. 
  • If Your Content viewable setting is “Everyone,” All Skipper Users can view and use the Content.

You may also email any of your Content, post it to your favorite social media networks, share its public URL through any means, or embed it on other websites or blogs.

Educators

Skipper is not responsible for interactions between Educators and Students and only provides the technological means through which Educators may make available their Content and Educational Services. 

An Educator on the Skipper Platform includes anyone who provides, teaches, or leads Educational Services. An Educator must be eighteen (18) years of age.  An Educator may represent an educational organization, curriculum company, or brand. An Educator may be a parent or group of parents who provide, teach or lead Educational Services.  

An Educator relationship with Skipper is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Skipper. Skipper does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Educational Services. You acknowledge and agree that you have complete discretion whether to pursue offering Educational Services on the Skipper Platform or otherwise engage in other business or employment activities.

Skipper is not responsible for setting the pricing, if applicable, on any Educational Services. Prices for Educational Services are set by the Educator. Educators are responsible for the payment of any and all applicable taxes that become due from their use of the Platform. The Skipper Platform does not provide a mechanism or third party for Educators to invoice and collect payments from Students. The Educator is responsible for all aspects of invoicing and collecting any fees due from Students

Educators represent and warrant that any Course you post or other Educational Services will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, rules, and regulations. An Educator on the Skipper Platform further represents and warrants that they will have any required permits, licenses and registrations required to deliver the Educational Services. As an Educator, You are responsible for Your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Educational Service at Your request or invitation.

Prohibited Activities

You may not use the Skipper Platform, or any Content contained on the Skipper Platform for any purposes other than intended. You are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use of the Skipper Platform. In connection with your use of the Skipper Platform, you will not and will not assist or enable others to:

  • use the Skipper Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner;
  • to post any Content that is fraudulent, false, misleading, or deceptive, or that is defamatory, libelous, violent, obscene, pornographic, vulgar or offensive, or that promotes illegal or harmful activities or substances; 
  • to engage in any activities that will result in sending spam to anyone on or off the Skipper Platform;
  • to breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms;
  • to sell, market, provide to third parties, or otherwise use any User’s personal data in anyway not in compliance with Skipper’s privacy policy;
  • for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Skipper endorsement, partnership or otherwise misleads others as to your affiliation with Skipper;
  • to copy, store or otherwise access or use any information, including personally identifiable information about any other Skipper User in any way that is inconsistent with Skipper’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
  • to offer, as an Educator, any meeting space that you do not yourself own or have permission to make available through the Skipper Platform;
  • to book any Educational Service if you will not actually be using the Educational Services yourself;
  • to contact another User for any purpose other than asking a question related to your own booking, Educational Service, or the User's use of the Skipper Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without Our prior written approval;
  • to discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • to use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Skipper Platform for any purpose;
  • to avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented to protect the Skipper Platform;
  • to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Skipper Platform;
  • to take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Skipper Platform;
  • to violate or infringe anyone else’s rights or otherwise cause harm to anyone.

Violation of any of this Section may result in Skipper taking immediate action up to and including termination of Your in accordance with Section 7.4 of these Terms.

Safety & Security

Users agree to cooperate with and assist Skipper and to provide Skipper with such information and take such actions as may be reasonably requested by Skipper with respect to any investigation undertaken by Skipper or a representative of Skipper regarding the use or abuse of the Skipper Platform. Skipper may, without prior notice, remove or disable access to any User Content that Skipper finds to be in violation of applicable law, these Terms or Skipper’s then-current policies or standards, or otherwise may be harmful or objectionable to Skipper, its Users, third parties, or property.

If you feel that any User you interact with is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Skipper by contacting Us with your police station and report number (if available). You agree that any report you make will not obligate Us to take any action (beyond that required by law, if any).

Skipper has no obligation to monitor the access to or use of the Skipper Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Skipper Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.

While We may help facilitate the resolution of disputes, Skipper has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Educational Services, (ii) the truth or accuracy of any descriptions, ratings, review, or other User Content, or (iii) the performance or conduct of any User or third party. Skipper does not endorse any Educator or Educational Services. Any references to a User being "verified" (or similar language) only indicates that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Skipper about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding to participate in or use other Educational Services, accept a request from a User, or communicate and interact with other Users, whether online or in person.

We do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, as permitted by applicable laws, We may, but have no obligation to: (i) request Users provide a form of acceptable identification or provide other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where We have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

Additional Skipper Rights

Skipper reserves the following rights over the entire Skipper Platform:

  • Skipper may modify, terminate, or refuse to provide Skipper Services at any time for any reason, without notice;
  • Skipper may remove anyone from the Skipper Platform at any time for any reason, solely in Skipper’s discretion. This right is not modified by any other section of this Agreement;
  • Skipper may, but has no obligation to, monitor any content that appears on the Skipper Platform or review any conduct occurring through the Platform, including any interactions between Educators, Students, and Skipper employees; and
  • If You deactivate or delete Your Skipper Account, Skipper may keep a copy of Your Content after termination. You grant Us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for Our internal business purposes, subject to applicable law.

Liability

The Skipper Platform is provided “as is”, without warranty of any kind, either express or implied. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Skipper Platform, your publishing or booking of any Educational Services via the Skipper Platform, participation in any Educational Services or use of any other Educational Services, or any other interaction, dispute, loss, injury, or damage of any kind that You have with other Users whether in person or online remains with You. Neither Skipper nor any other party involved in creating, producing, or delivering the Skipper Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Skipper Platform, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Skipper Platform, or (iv) from your publishing or booking of a class, including the provision or use of Educational Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Skipper has been informed of the possibility of such damage. In no event will Skipper’s aggregate liability arising out of or in connection with these Terms and your use of the Skipper Platform including, but not limited to, from your publishing or booking of any Educational Services via the Skipper Platform, or from the use of or inability to use the Skipper Platform and in connection with any Educational Services, or interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Skipper Platform in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Skipper and you. 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.

Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") Notice.

If you believe that content appearing on the Skipper Platform violates your intellectual property, send a notice to the following address.  

Skipper, LLC.
2830 S. Hulen Street
Fort Worth, Texas 76109 
Email: compliance@skipper.io

You must include the following in your notice:
(1) A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
(2) Identification of the copyrighted work claimed to have been infringed
(3) Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Skipper to find and review this material on the Skipper Platform
(4) Your contact information, including your address, telephone number, and email address, so that We may be able to contact you
(5) A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the law
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Should Skipper receive two or more DMCA complaints regarding any User, Skipper reserves the right to immediately remove that User from the Skipper Platform without further warning.

Arbitration

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.

The arbitration will be conducted in Fort Worth, Texas, unless You and Skipper agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Skipper from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of Our data security, intellectual property rights, or other proprietary rights.

You and Skipper agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.

General Provisions

These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the following arbitration must be brought in state or federal court in Fort Worth, Texas, unless both parties agree to some other location. You and We both consent to venue and personal jurisdiction in Fort Worth, Texas.

Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Skipper shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Skipper and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Skipper and you in relation to the access to and use of the Skipper Platform.

No joint venture, partnership, employment, or agency relationship exists between You and Skipper as a result of this Agreement or your use of the Skipper Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

Skipper’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Skipper's prior written consent. Skipper may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Skipper via email, Skipper Platform notification, or messaging service.

Modification of these Terms

Skipper reserves the right to modify these Terms at any time in accordance with this provision. If We make changes to these Terms, We will post the revised Terms on the Skipper Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Skipper Platform will constitute acceptance of the revised Terms.

Contact Us

If you have questions or concerns regarding these Terms, the Skipper Platform, Skipper Services, or Content, You may contact Us via physical or electronic mail at the address below. Note: the Skipper office is not open to the public:

Mail: Skipper, LLC.
2830 S. Hulen Street
Fort Worth, Texas 76109
Phone: 866-880-7225
Email: compliance@skipper.io

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