You represent and warrant that you are of legal age to form a binding contract. You may not use this Service if you are under the age of 18. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). “You” and “your” apply to both (or to one or the other of, as appropriate) Project Owners and Contractors for the purposes of these Terms, unless indicated otherwise.
These Terms & Conditions were last updated on May 17th, 2016. By using the Platform in any way you agree and understand that these Terms will remain in effect while you use the Platform, with certain portions of these Terms remaining in force after your use of the Platform has ended. If you do not agree to these Terms, you may not access or use the Platform. These Terms expressly supersede prior agreements or arrangements with you.
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement;
- change the our website or Platform, including eliminating or discontinuing any content, services or other feature of our platform; or
- deny or terminate your use of and/or access to the Platform.
Any changes we make will be effective immediately upon our making such changes available on our website or otherwise providing notice thereof. You agree that your continued use of the Platform after such changes constitutes your acceptance of such changes.
1. Skillhop Project Owner Services.
Here at Skillhop we are committed to bringing you, the individual using the Website to post projects, (“Project Owner”) contractors that may help you with your projects. There are several ways you can find contractors from Skillhop. Your main avenue to obtaining Contractor offers for your construction projects is to post a project under our “Post Project” section. Once you post a project, a Contractor will contact you by one of two ways: (1) selecting a time to visit your project site via a list of dates and times selected by you when posting the project OR (2) submitting an offer if they decided that a visiting schedule was not needed for your project type (Note, that it is the Project Owner’s responsibility to manage the schedule set for project site visits). You may also search and invite Contractors to your posted project via “Search Contractor” section of the site, a directory of member contractors where you can view a Contractor’s profile along with their ratings and reviews made by other user members of our site.
a. Post Project. Upon entering and submitting your information about your construction project for which you would need a Contractor, your project will appear for the public to view under our “Search Projects” section and it will be visible by all members of our site, including Contractors. We do not match your project with Contractors and we do not guarantee that your project will received any offers or that there are Contractors in your area that are either capable or willing to complete your project needs. If you do not obtain any offers or visit requests, your project will expire, at which point it will be removed from “Search Projects” and will only remain under the “My Projects” section of the site for you to view and/or repost the project if you choose to do so.
b. My Projects. Soon after you post your construction project, you will be able to interact with Contractors via the “My Projects” section of the site. Under “My Projects” you can view all projects posted, past and current, and accept requests and offers from Contractors interested in providing you their service. Additionally under the “My Projects” section you can respond to comments or questions from Contractors before they make any site visit requests or any offers.
c. Search Contractors. You can view a directory of Contractors in your selected zip code who provide services for the keywords you enter. The listings that appear based on your search criteria include ratings and reviews of those Contractors from their customers, when available.
d. No Guarantees or Endorsements. Although we have a process to verify that Contractors are licensed, have an active license, and are in good standing with the state in which they are licensed to provide construction services, we make no guarantees or representations regarding the quality, legality, reliability, accuracy, or suitability of any Contractors or of any Contractor’s work. Skillhop does not sanction or recommend the services of any individual Contractor. It is your responsibility to evaluate a Contractor's qualifications, and to enter into an agreement or a contract with a Contractor. We do not guarantee or certify any Contractor's performance on the job or the outcome or quality of the services performed. The Contractors are not agents or employees of Skillhop, and Skillhop is not a Contractor agent. In some cases work on projects may be performed by subcontractors. It is the responsibility of the Contractor who the project was awarded to, to verify the subcontractors for license status and eligibility, as well as to provide the project owner with a written list of the subcontractors hired either by message through our platform or any other reasonable means of communication. Skillhop is not liable for any subcontractors hired by Skillhop member Contractors and all matters should be resolved directly with the Contractor who the project was awarded to.
e. No Binding Contracts via Skillhop Website. Any offers submitted by Contractors via Skillhop, or which you see on Skillhop, are not contractually binding offers and do not represent the total final cost of a project. Initial offers and any generated change orders are approximate costs for the performance of a service and possible project material costs. Any offers submitted via Skillhop.com by Contractors should be a reasonably expected cost for completing the project to the best of a contractor’s knowledge and expertise. No contractual arrangement is created based upon the offers submitted to you by Contractors (or you scheduling a project site visit with a Contractor) via Skillhop. To establish a contract with a Contractor, you must work with the Contractor directly after you have accepted their offer for his services via Skillhop. Skillhop does not perform, and is not responsible for, any of the services requested by you in your posted project. Your rights under contracts you enter into with Contractors are administrated by the terms of such contracts and by applicable federal, state, provincial and local laws.
f. Limitations and Liabilities. In case you have a misunderstanding or dispute with any Contractor, you must communicate directly with the Contractor regarding the misunderstanding or dispute in question. YOU HEREBY AGREE TO RELEASE SKILLHOP AND ANY SUCCESSOR ENTITY (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CONTRACTORS.
FURTHER, IN NO EVENT SHALL SKILLHOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SKILLHOP SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY DISPUTE WITH ANY THIRD PARTIES CONTACTED THROUGH OUR WEBSITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, LIES WITH THE THIRD PARTY, IN ACCORDANCE WITH ANY WARRANTIES PROVIDED BY SUCH THIRD PARTY. SKILLHOP IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISE FROM YOUR ACTIONS.
2. Skillhop Contractor Services and Contractor Role.
Here at Skillhop we are committed to bringing Contractors projects for which they may bid on and provide a service to. Any member contractor registered with Skillhop (“Contractor”), is able to schedule a visit and or bid on a construction project posted under our “Search Projects” section of our site, as long as they are licensed, and their license is active and in good standing with the state in which they are licensed in and permitted to do construction work. Once we establish that a Contractor is licensed, active, and in good standing access to our Website is granted. However, if the Contractor’s license status changes from licensed, active, and in good standing, access to the site will be automatically suspended, but not deleted or removed, until the Contractor’s license is again active and in good standing with the state in which there are permitted and licensed to perform construction work.
Once a user has posted a project, a Contractor may submit a request to visit and/or may be able to submit bid on the project listed within the “Search Projects” section of Skillhop. The bidding is non-binding and does not create any contractual obligations between the user and the contractor. However, if a contractor submits an offer that is not a reasonably expected cost of services and possible cost of materials or other contractor specified project costs, to the best of the contractors knowledge and expertise, and within the scope of the project established between the Contractor and the project owner, negative feedback may be posted by the user, a fee by Skillhop may be charged to the contractor, or the contractor’s account on Skillhop may be suspended or deleted and all business with Skillhop will terminate immediately. A change order may be submitted in case the costs of the project are going to exceed the initial bid price only if the initial scope of the project has changed and the project owner agrees to the change. The change order is subject to project owner approval and may impact the reputation of the contractor if it was not expected under reasonable judgment and circumstance.
3. Skillhop Role.
Skillhop does not act as an auctioneer for the purposes of the bidding process for construction projects. Skillhop merely provides users a location and the software tools to enable Project Owners to find and connect with contractors. Project Owners and Contractors are solely responsible for any issues arising from the use of the Skillhop platform or during the bidding process. Any agreements created while using our Site and Service between any users and contractors are not binding on us. We will not be liable for or charged with enforcing any contractual agreements between any Contractor and/or Project Owner or any other third parties while using our Service.
Skillhop does not have an Employer, Employee, Contractor Agent, Agent, or any other similar relationship with any User. Skillhop only facilitates the bidding process in exchange for a fee.
4. Skillhop Contractor Charged Fee.
When a Contractor selects to perform a site visit or submits an offer for service costs on a project, the Contractor will be asked to provide payment information and will only be charged a fee only if the project is awarded to the Contractor. Once a Contractor is selected by a user via the acceptance of the Contractor’s initial offer submitted on Skillhop, the Contractor will be charged a fee. In certain cases, Skillhop will provide refunds if we decide that the situation merits a refund. However, we are in no way obligated or responsible to provide a refund for services provided by us on our Website at any time.
5. YOUR RESPONSIBILITY AND USE OF THE SKILLHOP SERVICES AND FORBIDDEN USES.
You are responsible for your use of Skillhop, and for any use of Skillhop made using your username and account. Skillhop is a community of users and we expect everyone to be a reasonable and respectful person at all times during their use of our Site and Service. By using our Site and Service you agree to the following:
a. We reserve the right to revoke your access to any Skillhop products or properties at any time.
b. All information about Contractors and users is confidential and for your personal use only.
c. You agree not to stalk, harass, bully or harm another user or Contractor.
d. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity.
e. You agree not to use Skillhop to compete with or replicate or recreate a similar service, website, or platform.
f. You agree not to be fraudulent or negligent in your representations as to your qualifications when bidding for a contract.
g. You agree not to use the Skillhop to send commercial or non-commercial offers or advertisements, whether or not solicited, where those offers or advertisements are unrelated to services that involve the transactions being processed through our Site or Service.
h. You agree not to misappropriate any of our intellectual property.
i. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Skillhop.
j. You agree not to collect or store personal information about other end users.
k. You agree not to interfere with or disrupt Skillhop.
l. You agree not to hack, spam or phish Skillhop or other members or users of Skillhop.
m. You agree to provide truthful and accurate content.
n. You agree to not violate any law or regulation and you are solely responsible for such violations.
o. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services.
p. You will not use our website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, content or information or post any information or content about a company or individual.
q. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine.
r. You will not infringe upon anybody’s intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
s. You are expressly prohibited from accessing Skillhop through a virtual private network or by proxy.
t. If it is determined or suspected by Skillhop in its sole discretion that you are misusing or attempting to misuse or circumvent the Skillhop services or system, Skillhop in its sole discretion will immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
u. You agree not to contact any user of the site directly, if you have viewed such user while viewing or bidding on a project posted on the Website, or receiving bids on a project posted on the Website, for the purpose of having work done on said project without Skillhop receiving payment or with Skillhop receiving less payment than it may have without such contact. In the event such action is taken, any Contractor and/or Project Owner engaging in such forbidden activity shall be jointly and severable liable for the amount of fees Skillhop would have received had the Contractor’s bid been accepted on the Website, plus interest at a rate of 1% a month, and any other consequential damages.
6. User Information and Content.
You also understand that you’ll be exposed to a variety of content on Skillhop, some of which you may find objectionable. We are not responsible for any of this content and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Skillhop and agree to indemnify and hold Skillhop, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Skillhop has the right to remove any Content which violates, or which Skillhop has reason to believe violates, this or any other term of these Terms. Skillhop may also choose to suspend or terminate your account for such reason. You are responsible for any use of the Skillhop services by persons to whom you intentionally or negligently allow access to your password.
TO PROVIDE SKILLHOP WITH FALSE INFORMATION INTENTIONALLY, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR EMAIL ADRESS IS CONSIDERED A FRAUDULENT AND SERIOUS MATTER THAT COULD CAUSE MEMBERS OR USERS OF SKILLHOP AND SKILLHOP ITSELF TO INCUR LARGE COSTS AS WELL AS TIME AND EFFORT FROM TAKING ACTIONS ON SUCH FALSE INFORMATION. IF YOU INTENTIOANALLY PROVIDE SKILLHOP WITH FALSE INFORMATION, YOU WILL BE HELD LIABLE AND EXPECTED TO COVER THE COSTS OF THE DAMAGES AND LOSSES CAUSED TO ALL AFFECTED PARTIES.
7. Intellectual Property Rights.
The design of the Skillhop Service along with Skillhop created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Skillhop, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Skillhop reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given you precise written permission.
By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party. Furthermore, to the extent permitted by applicable law, you hereby waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
HOWEVER, such license will be limited to use for purposes of advertising Skillhop and its Website and Skillhop will use commercially reasonable efforts to work with Users whose information is being utilized for such advertisements to protect any proprietary or confidential Content.
8. License Grant.
When you submit any content to us, you grant Skillhop and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we may make with your post through Skillhop or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your content, and to use your content to advertise and promote Skillhop.
9. Dispute and Resolution.
Although we do not and cannot guarantee the quality of any Project Owner or Contractor, or such party’s work or behavior, and although we have no duty to you with regard to the relationship you have with a any other party you meet or do business with through, or because of, the Website, the Skillhop team will provide assistance to try to resolve any disputes that may be generated during the development or process of completing a project that was engaged in between a Project Owner and Contractor through the Skillhop website. By your request, we may provide limited assistance in solving disputes between a Project Owner and a Contractor. You are required to be involved and are required to use efforts of good faith in order to try to solve any disputes. This limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court located in the County of Santa Clara in the State of California. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in the County of Santa Clara in the State of California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Minnesota without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
10. Ratings and Reviews.
Ratings and reviews and opinions or testimonials posted by users about other users on Skillhop do not represent the opinions or views or representations of Skillhop. Skillhop disclaims any and all representations related to any and all ratings, reviews and opinions or testimonials posted on the Skillhop website. Skillhop does not assume any liability or responsibility for any review, opinion, or testimonial, or for any damages, losses, or claims resulting from any of the site or the materials contained within.
11. Representations and Warranties.
THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CONTRACTORS, OF PROJECT OWNERS, OR OF PROJECTS. WE MAKE NO GUARANTEE THAT THE CONTRACTORS, THEIR EMPLOYEES OR INDEPENDENT CONTRACTORS, OR ANY SUB-CONTRACTORS ARE LICENSED TO PERFORM ANY PARTICULAR TASK OR SERVICE, THAT THEY ARE PROPERLY TRAINED TO PERFORM SUCH TASK OR SERVICE, OR THAT THEY ARE COVERED BY ANY INSURANCE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITEOR YOUR INABILITY TO ACCESS OR USE THE WEBSITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OF THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $500).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 12 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless Skillhop, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
a. Your use of and access to the Skillhop Service.
b. Your violation of any term of these Terms of Service.
c. Your violation of any third party right, including without limitation any copyright, contract, property, or privacy right;
d. Any claim that one of your actions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Skillhop Service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
13. Communications Decency Act.
Skillhop is an online community so please be respectful and reasonable while communicating with others. Although we may choose to edit or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
14. Third Party Links.
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
Additionally, users may be able to post third party links through content submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.
15. DMCA Notices.
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to info@Skillhop.com or by mail.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Skillhop shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
18. Termination and Cancellation.
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your Skillhop account, you are solely responsible for properly cancelling your account. Cancellation may result in the immediate deletion of any content that you have submitted to Skillhop. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.