THESE TERMS & CONDITIONS OF USE AND SERVICE (“THESE TERMS”) ARE A BINDING AGREEMENT BETWEEN SKIPPER, LLC (“SKIPPER,” “WE,” OR “US”) AND YOU (“USER” OR “YOU”) (EACH REFERRED TO AS A “PARTY” OR THE “PARTIES”), PERTAINING TO, AMONG OTHER THINGS, THE ACCESS TO AND USE OF OUR ONLINE LEARNING PLATFORM AND RELATED CONTENT, CURRICULUM, AUDIO-VIDEO MATERIALS AND MEMBERSHIP SUBSCRIPTION SERVICES (COLLECTIVELY, “SERVICES”) MADE AVAILABLE OR PROVIDED FROM TO THE WEBSITES OPERATED BY US, INCLUDING SKIPPER.IO AND ALL SUBDOMAINS AND ALL MOBILE APPS AND SOCIAL MEDIA ACCOUNTS (COLLECTIVELY, THE “SITE” ). BY ACTIVATING, PURCHASING, ACCESSING OR USING ANY OF THE SITE OR THE SERVICES, USER ACKNOWLEDGES ITS CONSENT TO BE BOUND BY THE FOLLOWING RIGHTS AND OBLIGATIONS SET FORTH IN THESE TERMS. THESE TERMS AND OUR PRIVACY POLICY ARE COLLECTIVELY REFERRED TO AS THIS AGREEMENT.
Binding Terms
To uphold the quality and reputation of Skipper and its Services, User’s use thereof is subject to this Agreement. If User is found to be in violation of any terms of this Agreement at any time, as determined by Skipper in its sole discretion, Skipper may warn User, suspend the affected Service, or terminate User’s accounts. Please note that Skipper may change this Agreement at any time, and, while Skipper may send written notice of any such changes as required by applicable law, it is User’s responsibility to keep up-to-date with and adhere to the posted terms. Your continued use of the Site or the Services following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any. All capitalized terms used herein have the meanings stated in this Agreement, unless stated otherwise.
Electronic Signature Consent to These Terms and Online Agreements
Your access and use of the Site and/or the Services will be managed through your account. Skipper relies on an electronic signature process as official authorization for your agreement as well as any changes to these Terms or any transactions conducted in the Site. By accessing this Site or the Services and, where prompted clicking “I Agree” or “Click to Consent,” you agree to conduct each transaction by electronic means and Skipper and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to these Terms and all written agreements entered into between you and Skipper. You may revoke approval of this electronic signature process at any time with prior written notice to Skipper from your account; however this will result in Skipper’s suspension or termination of the Services absent your acknowledgment of agreement or consent by other valid legal means.
Parents Setting Up User Accounts for Children
If you are a parent or legal guardian setting up an account for use by your child, then you are confirming your acknowledgement and agreement binding on you and your child as User to the terms and conditions set forth in this Agreement, and Skipper reserves the right to request a hard copy signature, as required by law. You represent to Skipper that you are the parent or legal guardian of the child being named as a User on a user account, and that you have legal authority to enter into this Agreement with Skipper on behalf of such child and to permit the access and use of the Site and Services and the permitted uses and rights in and to the Personal Information and User Content pertaining to such child by Skipper and its service providers. You further agree to allow Skipper to make disclosures and share your User content and information with the teachers, students, staff and school authorized by you under the User account (including those users followed or following your User Account). In this instance, the term “You” shall mean both the parent and the child identified in the User account.
Teachers or School Official Setting Up Accounts for Classroom or School
If you are a teacher or school official of an educational institution setting up an account for use by your students, teachers, staff or school, then you are confirming your acknowledgement and agreement binding on you and your authorized users as User to the terms and conditions set forth in this Agreement, and Skipper reserves the right to request a hard copy signature, as required by law. You represent to Skipper that you have legal authority to entered into this Agreement with Skipper on behalf of such educational institution named in your User account and to permit the access and use of the Site and Services and the permitted uses and rights in and to the Personal Information and User Content pertaining to your teachers, staff, students and school by Skipper and its service providers. In this instance, the term “You” shall mean collectively the educational institution identified in the User account and any and all of its teachers, staff and students authorized under such User account.
Account Requirements
Establishing User Account. Browsing of the Site’s public pages is currently provided free of charge to any person. However, access to certain features of the Services will require an account to be first established and activated. You may sign up for an account by completing the online forms required by Skipper and following the directions to submit a request to become a User and set up an account. When you register for an account, you will be asked to create a unique user name and password, and enter a valid email address for your account. You will be asked whether you have read and agree to abide by these Terms and any additional terms set forth on the account set up page. If you answer "I agree" and you otherwise are eligible, your account may be activated. If you answer "I Do Not Agree" or otherwise are not eligible, your account will not be activated and you will not be permitted to access the features of the Services online.
Activation. Skipper reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will be permitted to login, view, load content, post, and use the features of the Site and the Services for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms, understand your rights and obligations, and agree to be bound by these Terms. You acknowledge that certain features of the Services may be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those features.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name on your account made by you or others. You will immediately notify Skipper if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Services and the Site for which you have been granted permission to use by Skipper.
Account Obligations. In consideration of your access and use of the Site and the Services, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Services or any portion thereof.
Age Requirement. You must be 18 years of age, or the age of majority in your state, to become a member. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under a User account set up by such parent or legal guardian, subject to these Terms.
Message Boards & Other Public Forums. As part of your User account, you may participate in certain discussion forums, surveys, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however by choosing to post or send a message or blog or otherwise participate in any public forum you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that Skipper may use the posted content in any manner that it deems necessary or appropriate. Skipper reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others. Skipper cannot and does not guarantee that it will post every item of content submitted or that such content will not be offensive, defamatory, or objectionable. Although Skipper reserves the right to remove without notice any posting for any reason, Skipper has no obligation to delete content that you personally may find objectionable or offensive. Skipper does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information.
Bank Direct Debit and Credit Card Payments
On selecting the paid membership option for the services, you will be required to agree to the special terms and conditions of payment. This is a recurring charge, which must be met to have access to any purchased program, product or subscription portion of the Services. Fees will be debited from your account, using your given bank debit/credit card. Stop payments for the next term by simply logging into your account and pressing ‘cancel membership.’ Once such cancellation is processed, you understand that you lose all access to the Site and the Services and will not have any viewing capabilities of previously purchased content, academic records, paid features, transcipts … or Services.
Members are required to keep their account funded to meet these recurring payments. In the event of your failure to pay the membership fee, you will lose all access to the Site and the Services and will not be able to view any programs, products or subscription portion of the Services. All membership features within the account access will be stopped.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You further authorize Skipper to charge any invoices and/or to pre-authorize at the beginning of each billing period the credit card or other financial account associated with your User account for any and all membership fees due and payable under these Terms.
User Posted Content
You acknowledge and agree that any information or content posted by you or on your behalf by an educator user authorized by you to your User account page, other user pages, and Skipper’s social media pages or any public forums accessible from this Site may be viewed by the general public and will not be treated as private or confidential. You agree that Skipper may use (or not use, at Skipper’s sole discretion) any content posted on or via the Site in any manner that it deems necessary or appropriate. You authorize Skipper and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any such information or content posted by or for you.
By posting such content, including without limitation text, photos, video or audio recordings, on the Site, you represent to Skipper that you own or have the right to use and permit Skipper to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself on Skipper’s social media pages or another user’s page, one of our public forums on the Site, you further authorize Skipper and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Skipper’s operations throughout the world, and any such permission cannot be revoked for any reason. Although Skipper reserves the right to remove without notice any posting for any reason, Skipper has no obligation to delete content that you personally may find objectionable or offensive.
Limited License to Use the Content
You may access and use the Site content and membership subscription services from devices or computers in your possession or control for your own personal use (and not for resale to others) solely in connection with the Services during the term of this Agreement. The Site contains confidential and proprietary software and materials that may be owned by or licensed to us. This proprietary software and materials includes, but is not limited to: the educational curriculum and related videos and the design, layout, look, appearance, features, software code and graphics of the content and audio-visual materials made available to you by Skipper. Reproduction of the Site (or any content or materials therein) is prohibited other than upon receiving explicit written permission of Skipper.
You acknowledge and agree that as between you and Skipper, title to and ownership of the Skipper’s proprietary processes, content and technology used in the operation of the Site and/or the Services, and all intellectual property rights relating thereto, including without limitations: copyrights, hardware designs, algorithms, software, content “look and feel”, software and user-interface designs, architecture, documentation (both printed and electronic), network designs, know-how, libraries, skill sets, data, databases, educational curriculum, trademarks, patents, trade names, trade dress, methodologies, trade secrets, confidential information and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by Skipper or licensed to Skipper from a third party), and any derivatives, improvements, enhancements or extensions of, and any feedback or suggestions to, any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by Skipper or you (collectively, “Skipper’s IP”), are and will remain vested in Skipper at all times and for all purposes. You will not knowingly take any action inconsistent with Skipper’s rights in and to the Skipper’s IP. User will keep the membership subscription services content comprising Skipper’s IP confidential and to not disclose those items to others.
The parties understand and agree that, due to the highly competitive nature of the online educational industry, the breach of any covenants set forth this Agreement may cause irreparable injury to Skipper for which no adequate remedy at law will be available. Therefore, Skipper will be entitled, in addition to such other remedies as it may have hereunder, to a temporary restraining order and preliminary injunctive relief for any breach or threatened breach of this Agreement without first posting bond or proving actual damages.
While Skipper endeavors to keep the content and materials on the Site and the Services current, information can change rapidly and thus, the Materials on the Site should not be relied upon to be fully comprehensive, complete or up-to-date or error free. You should use the curriculum in the same manner as any other informational medium and should not rely on the curriculum the exclusion of your own judgment. Information obtained by using the Site and the Services is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your education.
Terms of Service
Availability of Service. Skipper reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion). Skipper also reserves the right to suspend access to the Site or the Services at any time to you if Skipper concludes that you are in violation of this Agreement, or your actions are negatively impacting the performance of the Services or the Site. Skipper may or may not notify you in advance of such suspension. Enforcement may be both automated and manual, and can include disabling user access, restricting access to membership subscription services content and functionality, or any other similar action deemed appropriate by Skipper. You agree that Skipper shall have no responsibility or liability for the deletion or failure to deliver or store any information, pictures, content or email made available to or provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Skipper. You agree that Skipper shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Under no circumstances will Skipper be liable for any damage or loss resulting from a cause over which Skipper does not have control, including, without limitation, failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, mobile device errors or inoperability, general inoperability of the Internet, unauthorized access, theft, operator error, severe weather, earthquakes, and strikes or other labor problems.
Use Limits. Skippers reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that any information or content will be retained and the maximum amount of disk space that will be allotted on our servers on your User account. Without limiting the foregoing, you agree that Skipper shall have no responsibility or liability for the deletion or failure to deliver or store your content on your account, or any information, pictures, or content provided by or stored by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Skipper. You acknowledge that Skipper reserves the right to remove user accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Skipper shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services or your account.
User Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD SKIPPER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY SKIPPER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO YOUR UNAUTHORIZED USE, DISCLOSURE OR DISSEMINATION OF ANY SKIPPER IP, SKIPPER’S PERMITTED USE (AS SET FORTH IN THESE TERMS) OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON SKIPPER’ OWN NEGLIGENCE. IN NO EVENT SHALL SKIPPER’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THE SITE AND ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Use “At Your Own Risk”. Your use of any information, content or materials made available or accessed by use of the Site or the Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Site or the Services meet your specific requirements.
Acceptable Use Policy for the Services and the Site
The Site allows you to follow and unfollow other Site users and to participate in the online educational community built upon the SKIPPER platform. Skipper reserves the right to block users, user IPs, ban individuals from using the Site and allow users to report abuses by other users and any other resource that Skipper in its sole discretion deems appropriate or warranted for violations of the following acceptable use policy:
You shall not (i) permit any third party to access the Site or the Services except as permitted by the Skipper, (ii) repurpose the content and audio-video membership subscription services (or any data therein) for your own personal or commercial use or otherwise create derivate works based on the Site or the Services, (iii) copy, frame or mirror any data or content of the Site or Services, (iv) reverse engineer any portion of the Site or Services to obtain (or attempt to obtain) the source code, or (v) access the Site or Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Site or Services.
You may use the Site for purposes expressly permitted by Skipper, as set forth in these Terms. You may not use the Site for any other purpose, without Skipper's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site (or any page thereof), or (ii) frame the Site (or any page thereof), or (iii) hyper-link to the Site (or any page thereof), without the express prior written permission of an authorized representative of Skipper. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with Skipper in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
You further agree not to post, send, submit, publish, or transmit in connection with the Platform or any portion of the Site any information or material that:
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Skipper or its licensors or service providers’ content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Skipper or its licensors or service providers’ software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Site (or any part or portion thereof).
IMPROPER USE OF THE SITE OR SERVICES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Restricted Use of Posted Content and Marks
Unless otherwise indicated, Skipper or its licensors holds the copyright to all content and materials displayed on the Services or the Site, including without limitation: written articles, photographs, text, graphics, logos, icons, images, postings, sound recordings, audio/visual clips and graphic designs or artwork (the “Materials”). Additionally, Skipper owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Services or the Site, unless otherwise noted. Without the explicit consent of Skipper, no material from the Services or the Site (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Nothing in this Agreement constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in this Agreement should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Skipper or any third party.
Unless otherwise indicated, Skipper allows you to view and print information, documents, and content located on the Services or the Site for your own personal use (but not for resale to others); provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Skipper and if possible provide a reference to Skipper's main website, and (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment. If you are an educator or student, you may copy and print only reasonable portions of the content for lesson plans, interactive whiteboards, reports, dissertations, presentations, school newspapers and for similar non-profit educational purposes to the extent permitted under copyright law (fair use). You are not permitted to combine the materials with other hard copy materials or otherwise publish, distribute or sell such content to others. No electronic copies are permitted. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Skipper or its licensors.
You acknowledge that the content and materials displayed on the Services or the Site are provided "as is" for general information only and without warranties of any kind. While Skipper endeavors to keep items current, the content and materials found on the Services or the Site should not be relied upon to be fully comprehensive or error free. Skipper does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the materials, products or other information provided on the Services or Site or by the companies or organizations linked or referred to in the Services or the Site.
Freedom to Use Ideas
Notwithstanding anything to the contrary contained in this Agreement, the ideas, methods, concepts, know-how, structures, techniques, inventions, developments, processes, discoveries, improvements, and other data, information and materials processed, collected or developed in and during your use of the Services or the performance of the Site may be used by Skipper, without an obligation to account, in any way Skipper deems appropriate, including by or for itself or its Users. Nothing in this Agreement will preclude or limit Skipper from providing software, materials, or services for itself or other Users, irrespective of the possible similarity of such software, materials or services to those that might be delivered to you. You acknowledge that Skipper may monitor and collect data related to the use of the Site or the Services for analysis, verification and system operations maintenance in accordance with Skipper’s Privacy Policy and standard operating procedures. You acknowledge that Skipper will enter into contracts with other Users who may or may not be within the same market or territory as you and that nothing in this Agreement or any order confirmation shall restrict or limit Skipper from offering or performing data, software, material or services similar in nature to the Site and Services for any other person or entity in any industry both during and after the term of this Agreement.
Consumer Review Fairness Act
The Consumer Review Fairness Act gives you certain protection against “gag” clauses prohibiting the disparagement of a service provider’s service offerings. The parties acknowledge and agree that, notwithstanding anything to the contrary herein, no clause in this Agreement shall be constructed to (i) prohibit or restrict the ability of, or impose a penalty or fee against, you from engaging in any Covered Communication or (ii) transfer or require you to transfer to Skipper any intellectual property rights in any otherwise lawful Covered Communication other than the non-exclusive license set forth in this Agreement; provided however that: (1) the foregoing shall not affect (A) any duty of confidentiality imposed by law, (B) any civil actions for defamation, libel or slander or any similar causes of action, or (C) Skipper’s right to remove or refuse to display publicly on an Internet website or webpage owned, operated or otherwise controlled by Skipper any Covered Communication that contains the personal information or likeness of any person, or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to the goods and services offered by or available at Skipper’s Internet websites or webpages; and (2) the foregoing shall not apply to the extent that the clause in this Agreement prohibits disclosure or submission of (A) trade secrets or commercial or financial information obtained from any person and considered privileged or confidential, (B) personnel and academic files and similar information, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (D) content that is unlawful or otherwise meets the requirements of subsection (2)(C) above, or (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications or files. You grant Skipper, its successors and assign, the non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to copy, use, reproduce, edit, display, or commercially exploit any Covered Communication, in whole or in part, in any media (including Internet) whether now know or hereafter created, without the requirement of an accounting or prior written notice to you by Skipper. For purposes of this Agreement, “Covered Communication” means any written, oral or pictorial (including pictures, photographs, video, illustrations and symbols) review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services or conduct of Skipper by you.
Advertisers and Sponsors
Skipper may choose to acknowledge certain persons and companies who have provided sponsorships or purchased advertisements on the Services or the Site. Such acknowledgement may be in the form of recognition by use of such persons or companies' own names or marks and/or click on the links to any of our advertisers’ or sponsors' websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our advertisers or sponsors, you do so on your own initiative and you agree that Skipper is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such advertiser or sponsors in conjunction with the Site or the Services.
Links to Social Media Sites
The Services or the Site may contain references or links to other social media accounts and/or webpages hosted by or for Skipper, which from time to time may include without limitation, Facebook, YouTube, Instagram, Pinterest, Linked In and Twitter. Your access to and use of any such social media pages shall be governed by this Agreement to the extent they are not contrary to the terms or other service agreements of the social media site operators. You, however, acknowledge that Skipper has no control over the operations of the social media websites to which the Services or the Site may refer or link and you acknowledge and agree to indemnify and hold harmless Skipper for any breach of any terms or other service agreements of the social media site operators by virtue of your actions.
Term & Termination
This Agreement is effective from the date that you first set up an User account for the Services or access the Site or on the date that you activate your User account, whichever is earlier, and continues in effect until terminated in accordance with this Agreement.
You may terminate this Agreement at any time by notifying Skipper in writing that you wish to close your User account, cease all access and use of the Services, including your membership and account, and terminate this Agreement.
Skipper may terminate your account or your access to the Site or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of this Agreement; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Site; (vii) discontinuance of the Site or the Services as a whole or in part; (viii) a statement by you that you no longer agree to this Agreement, or a statement by you otherwise requesting termination of your access to the Site or the Services; and/or (ix) any other reason considered by Skipper to be in its best interest.
Termination shall not relieve a party of any obligations (or breaches of this Agreement) occurring prior to termination or any rights and obligations surviving termination, including payment, ownership of intellectual property and confidentiality and restrictions on use.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SKIPPER OR ITS SERVICE PROVIDERS OR ANY CONTRIBUTORS OF INFORMATION TO THE SERVICES OR THE SITE OR OUR ADVERTISERS, SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER'S) OR ANY UNRELATED PARTY'S USE OR INABILITY TO USE THE SERVICES AND/OR THE SITE, OR YOUR (OR ANY AUTHORIZED USER'S) OR ANY UNRELATED PARTY'S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICES AND/OR THE SITE, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. SKIPPER’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL EXCEED $1000 FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM FOR, OR ALLEGEDLY CAUSING, THE DAMAGES DURING THE TERM OF THIS AGREEMENT. THE FOREGOING LIMITATIONS AND DISCLAIMERS SHALL NOT APPLY WITH RESPECT TO ANY LOSSES OR DAMAGES INCURRED BY USER TO THE EXTENT CAUSED BY AN ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY SKIPPER.
You acknowledge that you are fully responsible and liable for any tax consequences (federal, state, local or otherwise) that may be incurred as a result of your access and/or use of the Site and/or Services, and/or the membership benefits afforded under your account. You understand, acknowledge and agree that it is not the responsibility of Skipper to determine the taxability, tax liability, and/or reporting requirements, for federal, state, local or other tax purposes, of a user of the Site and/or the Services. Skipper makes no representations or warranties as to such tax matters.
Skipper expressly disclaims, and each user of the Site and/or Services expressly releases Skipper from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between users of the Site and/or Services, including disputes between users and you.
You agree that the statute of limitations for any claim against Skipper shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
Disclaimer of Warranties
THE SITE AND THE SERVICES (INCLUDING WITHOUT LIMITATION ALL CONTENT AND MATERIALS) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Site or the Services will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Site is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Site or the Services either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Site and the Services solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITE AND THE SERVICES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. SKIPPER MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. SKIPPER MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES OR INFORMATION FOUND THROUGH THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITE FROM TERRITORIES WHERE THE CONTENT OR MATERIALS IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITE AND/OR ACCESS THE SITE OR THE SERVICES FROM ANY STATE OR COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Notice of Claims of Intellectual Property Violations
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any materials submitted to the Service and/or the Site infringe your copyright, you (or your agent) may send Skipper a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Skipper to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to hello@skipper.io. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Please provide all of the information requested above. No specific form is required to provide Skipper with notifications of possible infringement. However, it will take Skipper longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
Governing Law and Venue
This Agreement is governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Tarrant County, Texas.
Miscellaneous Provisions
If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from this Agreement and shall not affect the legality, validity, or enforceability of the remaining provisions of this Agreement. Failure by us to enforce any particular term of this Agreement shall not be construed as a waiver of any of our rights hereunder. You agree that, if the rights and obligations of this Agreement are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach(es), in addition to any other available remedies. This Agreement (and each supplemental agreement referenced in or referencing these Terms found on the Site) constitutes the entire agreement between you and Skipper with respect to the Site and the Services.
If you have any questions regarding privacy while using the Site or the Services, or have questions about our online practices, please contact us via email at hello@skipper.io.
Skipper, LLC
2830 S Hulen Street
Fort Worth, TX 76132
hello@skipper.io