Terms & Conditions
Thank you for using SkillMentor.pro!
When we refer to “You” or “User”, we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually. If you are accepting on behalf of your employer, your company, or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party you represent.
By using our Platform in any manner, You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access the Platform in any manner.
- The Services Provided by Skillmentor 1.1. The Skillmentor Platform and Skillmentor Services
Skillmentor provides an open online content creation platform designed to allow content creators (“Creators”) to build, design, publish, and sell courses, coaching offerings (“Coaching”) and other services to their end users (“Students”). Skillmentor provides each Creator with a dedicated Skillmentor environment (“school”) to host and offer their services. Skillmentor offers this content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in these Terms as "Skillmentor Services".
1.2. Relationship between Skillmentor and Users
Skillmentor is neither a content provider nor an educational institution. Creators and Students are not employees of Skillmentor.
Skillmentor is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses, digital downloads, and other content (collectively, “Creator Content”) available and, at each Creator's election, for processing payments through Skillmentor's payment gateway(s). Skillmentor is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student's reliance upon any information provided by a Creator or Creator Content at any time.
1.3. The Discover Platform
The Skillmentor Platform encompasses the Skillmentor Discover ("Discover") platform, a marketplace that allows Users to search, find, and sign up for select Creator offerings. Discover is an overall part of the Skillmentor Platform, and these Terms apply in full force to the use of Discover. However, to the extent that You are a Creator being featured on Discover, the terms of the Skillmentor Discover Platform Agreement shall govern and take precedence in the event of any conflicts with these Terms.
- Eligibility and Account Terms 2.1 Age of Access
You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian's permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are 'representing' and 'warranting' that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
2.2 OFAC Restrictions
As an express condition of being permitted to access and use the Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.
2.3 User Accounts
To access or use certain features of the Platform, You may be required to register for an account (“Account”). For example, to enroll in a Creator’s course or other service, You will be required to create a Student Account associated with the Creator’s school. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.
2.4 Creator Accounts
To sign up for the Platform as a Creator, you will need to open a Creator account. Creators are deemed the contracting party (“Primary Owner”) for the purposes of our Terms.
If you are signing up as a Creator on behalf of your employer, your employer shall be the Primary Owner of the account and any associated school(s). If you are signing up on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms.
2.5 Admin User Accounts
Depending on the Skillmentor subscription plan, a Creator may allow one or more persons (“Non-Primary Owner”) to establish an administrative account associated with a Primary Owner’s school. The Primary Owner is responsible for setting the level of access and permissions for Non-Primary Owners.
A Primary Owner is responsible and liable for the acts, omissions and defaults arising from the use of Non-Primary Owner accounts associated with their schools as if they were the Primary Owner’s own acts, omissions, or default.
2.6. Account Ownership Disputes
In the unlikely event that there is a dispute over the ownership of an account, Skillmentor has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
a copy of Your photo ID;
Your business documents, including a Charter, Certificate of Incorporation, LLC
Agreement, business license, or other documentation showing ownership of Your entity;
Your billing information and details;
Certified copies of your tax forms; and
Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Skillmentor reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.
- Code of Conduct We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform. If You violate this Code of Conduct, we reserve the right to remove You and any of Your User Content from the Skillmentor Platform. Whether conduct violates our Code of Conduct will be determined in Skillmentor's sole discretion.
3.1 No Illegal Activity:
This is about as simple as it gets. Do not use the Skillmentor Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
3.2 No Fraud:
Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
3.3 No Bad Conduct:
Do not use the Skillmentor Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
3.4 No Spamming:
Seriously. No one likes spam. We don't like spam. We're pretty sure that You don't like your inbox cluttered with spam. You may not use the Skillmentor Platform to engage in any activities that will result in sending spam to anyone on the Skillmentor Platform, including Skillmentor (and its employees), Creators, and Students.
3.5 Be Civil:
We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Creator Content is for everyone. But the one thing we can all agree on is that when we use the Skillmentor Platform we are going to be civil and respectful at all times.
3.6 No Exploitation:
You will not use the Skillmentor Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing User Content.
3.7 No Impersonation:
Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Skillmentor. You will not impersonate anyone on the Skillmentor Platform, including Skillmentor (and its employees), Creators, and Students.
3.8 No Data Mining or Bots:
You may not use any data mining, robots, or similar data gathering or extraction methods.
3.9 No Use Other Than Intended:
You may not use the Platform or any User Content contained on the Platform for any purposes other than intended.
3.10 No Prohibited Content:
You may not use the Platform if Your User Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
- Intellectual Property and Terms that Apply to Your Data In operating our Platform, it's important for us to make it clear who owns what and who's responsible for what. You are trusting us with Your content and consistent with Skillmentor's genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Skillmentor community.
4.1 What Skillmentor Owns
All right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Skillmentor Content”, and is and will remain the exclusive property of Skillmentor and its licensors. Skillmentor Content is protected by intellectual property rights both in the United States and internationally.
Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use Skillmentor’s trademarks, logos, domain names, and other distinctive brand features. Subject to Your compliance with and the limitations set forth in these Terms, Skillmentor grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and/or Skillmentor Services to fulfill your personal and commercial purposes.
You agree not to do any of the following while accessing or using the Platform and/or Skillmentor Services:
license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Platform without Skillmentor’s express written consent (this license is only for Your use and you may not assign it to anyone else without our permission).
circumvent or disable any security or other technological features or measures of the Platform.
copy, modify, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to discover any source code of or any elements of the Platform, or use the Platform to compete with Skillmentor
engage in any activity that would interfere with, damage, or harm the Platform and/or Skillmentor Services.
All rights not expressly granted by Skillmentor are reserved.
4.2 What You Own
Any data, information or material originated by you that you upload or otherwise transmit through the Platform, including Creator Content, (“User Content”) is and remains Yours. Skillmentor does not claim any intellectual property rights over User Content by virtue of Your use of the Platform and/or Skillmentor Services.
By uploading User Content to the Skillmentor Platform, You agree that:
Skillmentor may review User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Skillmentor has no obligation to review anything that You upload.
You are uploading User Content to the Skillmentor Platform at Your direction and Skillmentor does not in any way certify or provide approval or permission prior to You uploading User Content.
Skillmentor may display User Content to other users (e.g. Your Students) via the Skillmentor Platform for the purpose of providing Skillmentor Services.
You agree that by uploading User Content to Our Platform, You are allowing Us to store Your User Content.
You agree to provide Skillmentor with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) User Content in furtherance of the Skillmentor Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
You are responsible for and own, or have the rights to use, all of Your User Content.
4.3 Your Posts
The Skillmentor Platform may include features that permits You to post, upload or transmit content that is intended to be viewed by other users (“Posts”). For example, Creators participating in Skillmentor:HQ will have the opportunity to submit Posts to other members of the Skillmentor community. For the avoidance of doubt, Posts exclude User Content (including Creator Content).
By submitting Posts to the Skillmentor Platform, you grant Skillmentor a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. Skillmentor may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts.
4.4 Content Free of Infringement of Any Third-Party Rights
You agree that Your User Content and/or Posts do 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.
In plain language, this means that if You're using someone else's work (including videos, text, charts, powerpoints, etc.) in Your User Content or Posts, You've gotten the content owner's permission to use it. You wouldn't want anyone selling any of Your User Content without Your permission. If You are going to use something that You didn't create, make sure You can demonstrate that You have the right to use it before You make it a part of Your User Content.
You may choose or we may invite You to submit suggestions, recommendations, enhancement requests or other feedback about Skillmentor Services or the Platform (“Feedback”). By submitting any Feedback, You agree that such Feedback is gratuitous, unsolicited, and without restriction, and You grant us a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any Feedback into Skillmentor Services and/or the Platform. We actively review Feedback for new ideas. If You wish to preserve any interest You might have in your Feedback, You should not post them to the Platform or send them to us.
4.6 Processing of Data by Creators
Creators are responsible for protecting all personal information they provide to, or receive from, Skillmentor in connection with the use of Skillmentor Services. Skillmentor's Data Processing Agreement ("DPA") forms part of these Terms and sets out Skillmentor's and Creator's obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator's use of Skillmentor Services to process Student Data or Creator Data (as these terms are defined in the DPA).
Creators are considered controllers or "owners" of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Students, respecting their Students' privacy rights in accordance with applicable law, and providing access to or deleting Students' personal information if they request and as required by applicable law.
- Skillmentor's General Rights In Operating Its Platform 5.1 Skillmentor may modify, terminate, or refuse to provide Skillmentor Services at any time for any reason, without notice.
5.2 Skillmentor may remove anyone from the Skillmentor Platform at any time for any reason, solely in Skillmentor's discretion. This right is not modified by any other section of these Terms.
5.3 Skillmentor reserves the right to access Your account, school, and User Content in order to respond to requests for technical support, to maintain the safety and security of the Skillmentor Platform, and for other legitimate business purposes, as necessary, in Skillmentor's discretion.
5.4 Skillmentor may, but has no obligation to, monitor any User Content that appears on the Skillmentor Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Skillmentor employees.
5.5 Skillmentor reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
5.6. If You close Your account or terminate Your school, Skillmentor may keep a copy of Your User 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.
5.7 Skillmentor reserves the right to remove You and Your User Content without warning if You violate any of the provisions of these Terms.
5.8 Skillmentor has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of these Terms without warning at any time.
- Intellectual Property Violations 6.1 Copyright Violations and the DMCA
If Skillmentor has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Skillmentor reserves the right to remove, block, or otherwise 'take down' the content. Skillmentor also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Skillmentor repeat offender policy.
Reporting Copyright Infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"): a) Skillmentor provides an online form for submitting copyright infringement notices under the DMCA. If you believe that content on the Skillmentor Platform is infringing on your copyrights, please complete Skillmentor's copyright infringement notice form to forward your notice to Skillmentor's designated agent for review. (For trademark infringement claims, refer to https://u.Skillmentor.pro/). b) If your submission contains all of the information required by the form and complies with the DMCA, Skillmentor will expeditiously remove or disable access to the content alleged to be infringing. c) Please note that when Skillmentor removes content in response to a DMCA notice, Skillmentor will attempt to contact the party who posted the content You report as infringing and provide information about the notice and removal, including information about how to submit a counter notice. Skillmentor may also send a copy of any notices received to the affected party.
DMCA Counter Notice Procedure a) If Your content is removed due to the receipt of a DMCA notice and you believe that your content was wrongly removed, you may send Skillmentor what is known as a Counter Notice. b) Your Counter Notice must contain:
A physical or electronic signature
Identification of what was removed and the location where the material appeared before it was removed
A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of New York and that you will accept service of process from the person who provided notification
c) Your Counter Notice must be sent to Skillmentor's designated agent at dmca@Skillmentor.pro d) Please note that a copy of any Counter Notice received will be sent to the party who reported the content as infringing.
Repeat Infringement Policy: As we stated above, Skillmentor really doesn't look favorably on anyone who is using someone else's intellectual property without permission. Should Skillmentor receive two or more DMCA complaints regarding any Creator, Skillmentor may simply remove that Creator from the Skillmentor Platform without further warning. Note: as we state in our Skillmentor Rights section, we still reserve the right to remove any school at any time for any reason. This Repeat Infringement section does not change that right in any way.
6.2. Trademark Violations
Skillmentor reserves the right to remove access to content that it knows, or has reason to know, violates the rights of trademark owners. Please note that Skillmentor will send a copy of any trademark infringement claim received to the user who posted the content you report as infringing.
Reporting Trademark Infringement a) Skillmentor provides trademark owners an online form for submitting information to enable Skillmentor to evaluate trademark infringement claims. If you believe that a user of the Skillmentor Platform is infringing your registered trademark, please complete Skillmentor's trademark complaint form to forward your claim to Skillmentor's team for review. (For copyright infringement claims, refer to Section 6.1 above). b) If your submission contains all of the information required by the form and demonstrates that a user of the Skillmentor Platform is infringing your registered trademark by using your trademark in connection with the goods or services covered by your registration, Skillmentor will take appropriate action, which may include removing access to the infringing content and/or terminating the user. c) Do note Skillmentor is not a court of law and there may be times that we cannot take action based on the information that you submit in our online form. In such cases, we may refuse to take action, and if warranted, you may resubmit the online form with additional information and materials requested by the form that were not previously submitted.
Counter Notice Procedure a) If Your content is removed due to the receipt of a Trademark notice, you may send Skillmentor a counter notice if you believe that your content was wrongly removed. b) If Skillmentor receives a counter notice that denies the infringement claim and asserts that it has a good faith basis for doing so, Skillmentor may choose not to remove the allegedly infringing content but will put you in contact with the user so that you and the user can address the matter directly.
Third Party Communications By using Skillmentor's Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Skillmentor is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Skillmentor assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
Third Party Offerings 8.1 Through the Skillmentor Platform, You will have the ability to access content, links to websites, products and services provided by Creators, Students, and other third parties ("Third Party Offerings"). Your use of any Third Party Offerings provided on this Platform or a third party website is at Your own risk. Skillmentor does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
- Skillmentor API Services 9.1 The Skillmentor Platform encompasses Skillmentor APIs (“API” or “APIs”), a powerful solution that provides flexibility for Creators to access and interact with data about their business on Skillmentor. APIs provide Creators with access to school performance data related to sales, enrollments, and student engagement anytime they would like. APIs provide the ability for Creators to build custom products for their school’s end users (“Students”).
9.2 Skillmentor API Features include:
Transactions API: Creators can fetch a list of sales transactions at their schools using Transactions API, which is a collection of payment processing endpoints (Charge, CaptureTransaction, CreateRefund, and VoidTransaction) and reporting endpoints.
Hook Events API: Creators can fetch a list of webhook events at their schools.
Enrollments API: Creators can enroll and unenroll a Student or prospective Student in a course.
Users API: Creators can create a new user, look up a specific user by ID, and update a user by ID.
Pricing Plans API: Creators can fetch pricing plan details by pricing plan ID. Creators can fetch all of the pricing plans at their school.
Courses API: Creators can fetch all the published courses at her school. Creators can fetch a specific course by ID. Creators can fetch a list of her Students enrolled in a specific course.
9.3 Definitions for this Section Only: The following definitions only apply to this section of the Terms and its subsections (Section 9).
(a) "API" means the Skillmentor API application programming interface and any API Documentation or other API materials made available by Company on the Platform
(b) "API Documentation" means the API documentation described from time to time.
(c) "API Key" means the security key Company makes available for you to access the API.
(d) "Company Marks" means Company's proprietary trademarks, trade names, branding, or logos made available for use in connection with the API pursuant to this Section of the Terms.
(e) "Company Offering" means Company's operating system and application software made available by Company on a hosted basis.
(f) "Your Applications" means any applications developed by you to interact with the API.
9.4. License Grant
Subject to and conditioned on your compliance with all terms and conditions set forth in the Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to: (a) use the API solely for your internal business purposes in developing Your Applications that will communicate and interoperate with the Company Offering; and (b) display certain Company Marks in compliance with usage guidelines that we may specify from time to time solely in connection with the use of the API and the Applications. You acknowledge that there are no implied licenses granted under this Section of the Terms. We reserve all rights that are not expressly granted. You may not use the API or any Company Mark for any other purpose without our prior written consent. You must obtain an API Key through the registration process to use and access the API. You may not share your API Key with any third party, must keep your API Key and all log-in information secure, and must use the API Key as your sole means of accessing the API. Your API Key may be revoked at any time by us.
9.5 Additional Use Restrictions for API Services
Except as expressly authorized under the Terms, you may not: (a) remove any proprietary notices from the API; (b) use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (c) combine or integrate the API with any software, technology, services, or materials not authorized by Skillmentor; (d) design or permit Your Applications to disable, override, or otherwise interfere with any Skillmentor-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; (e) use the API in any of Your Applications to replicate or attempt to replace the user experience of the Company Offering; or; (f) attempt to cloak or conceal your identity or the identity of Your Applications when requesting authorization to use the API.
9.6 No Support; Updates
The Terms do not entitle you to any support for the API. You acknowledge that we may update or modify the API from time to time and at our sole discretion (in each instance, an "Update"), and may require you to obtain and use the most recent version of the API. Updates may adversely affect how Your Applications communicate with the Company Offering. You are required to make any changes to the Applications that are required for integration as a result of such update at your sole cost and expense. Your continued use of the API following an Update constitutes binding acceptance of the Update.
9.7 No Additional Fees for APIs
You acknowledge and agree that no additional license fees or other payments will be due for API in exchange for the rights granted under the Terms. You acknowledge and agree that this fee arrangement is made in consideration of the mutual covenants set forth in the Terms, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, we reserve the right to start charging for access to and use of the API at any time.
9.8 Collection and Use of Your Information
9.9 Return of Your Data
Upon request by You made within thirty (30) days after the effective date of termination of Your use of Skillmentor API, we will make available to You for download a file of Your Data in comma separated value (.csv). After such 30-day period, we shall have no obligation to maintain or provide any of Your Data and may thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.
9.10 API Rate Limits
The number of API requests Skillmentor will permit You to make during any given time period may be limited. Skillmentor may determine Your rate limits based on various factors at Skillmentor’s sole discretion. Skillmentor reserves the right and may, in its sole discretion, charge You for API requests that exceed Skillmentor’s rate limits or terminate or resort to other measures including suspending access to Skillmentor APIs as necessary subject to applicable law. Skillmentor will not provide a credit to You to the next month or year for any unused requests.
- Payments Skillmentor operates two different types of payment options for Creators who use our Platform: Skillmentor Native Gateways and Custom Payment Gateways. Your use of either type of gateway is covered by the terms of this section.
10.1. Skillmentor Native Gateways
For the avoidance of doubt, the term Skillmentor Native Gateways is a reference to both Skillmentor Payments and the Monthly Payments Gateway.
Appointment of Skillmentor as a Limited Payment Collection Agent for Skillmentor Native Gateways: Each Creator collecting payment for services provided on the Skillmentor platform via Skillmentor Native Gateways hereby appoints Skillmentor as the Creator's payment collection agent solely for the limited purpose of accepting funds from Students purchasing such services. a) Each Creator agrees that payment made by a Student through the Skillmentor Native Gateways shall be considered the same as a payment made directly to the Creator, and the Creator will provide the purchased services to the Student in the agreed manner as if the Creator has received the payment directly from the Student. Each Creator agrees that Skillmentor may refund the Student in accordance with the Terms. Each Creator understands that Skillmentor's obligation to pay the Creator is subject to and conditional upon successful receipt of the associated payments from Students. Skillmentor guarantees payments to Creators only for such amounts that have been successfully received by Skillmentor from Students in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Creator, Skillmentor assumes no liability for any acts or omissions of the Creator. b) Each Student acknowledges and agrees that Skillmentor acts as the Creator's payment collection agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon payment of the funds to Skillmentor, the Student's payment obligation to the Creator for the agreed amount is extinguished, and Skillmentor is responsible for remitting the funds to the Creator in the manner described in these Terms, which constitute Skillmentor's agreement with the Student. In the event that Skillmentor does not remit any such amounts once successfully received from the Student, the Creator will have recourse only against Skillmentor and not the Student directly.
Skillmentor Payments: The Skillmentor Payments gateway allows Creators to process credit or debit card transactions and facilitates faster payout processes. Skillmentor Payments is available to some Creators, based on location. For a list of eligible locations, please see the Skillmentor website. a) Creators have the option to set up Skillmentor Payments from their school's Admin page. By setting up Skillmentor Payments, You agree to the terms that appear in these Terms and/or on the Skillmentor Platform regarding the Skillmentor Payments Gateway. b) Third Party Agreement: In setting up Skillmentor Payments, You may be instructed to agree to terms of service offered by Stripe. Stripe is an independent party from Skillmentor and Skillmentor is not responsible for the contents of their terms of service. Should Stripe's terms of service differ from these Terms, such differences shall not modify these Terms in any manner. c) By using Skillmentor Payments You agree that Skillmentor may place a portion of Your school sales in reserve for a period of time to cover losses, chargebacks, refunds, etc. The current reserve period and amount are located on our Knowledge Base page regarding Skillmentor Payments. The amount of reserves and the length of time in which they are held are subject to change at Skillmentor's sole discretion. Should the reserve period or the amount withheld change, Skillmentor will make reasonable efforts to update the Knowledge Base page to communicate these changes. d) Fees for Skillmentor Payments may be found on the Skillmentor Knowledge Base page. All Skillmentor Payment gateway fees will be deducted before the funds are sent to the Creator. The fees associated with Skillmentor Payments are subject to change, in Skillmentor's sole discretion. By using Skillmentor Payments, You agree to the fees as set by Skillmentor.
Monthly Payment Gateway: Skillmentor Creators may also have an opportunity to utilize the Monthly Payments Gateway (MPG) to facilitate credit card or debit card transactions or to utilize PayPal as a payment option. MPG is offered wherever PayPal accounts are available and the availability of MPG is subject to any limitations by PayPal. Skillmentor Payments users will only be able to utilize MPG for PayPal transactions and will not be able to utilize MPG for credit card processing. a) Third Party Agreement: In setting up MPG, You may need to agree to terms of service offered by Stripe or PayPal. Stripe and PayPal are independent parties from Skillmentor and Skillmentor is not responsible for the contents of their terms of service. Should their terms of service differ from these Terms, such differences shall not modify these Terms in any manner. b) Funds paid out to Creators via MPG are paid on the first of the month (or first available business day) no earlier than thirty (30) days after the end of the month in which a sale was made. This hold period is to account for any potential losses, chargebacks, refunds, etc. For the avoidance of doubt, this hold may result in funds being paid out more than thirty (30) days after the sale to a Student. The current hold period can be located on our Knowledge Base page regarding MPG. The length of time in which MPG funds are held before payout is subject to change at Skillmentor's sole discretion. Should the hold period change, Skillmentor will make reasonable efforts to communicate these changes via the Knowledge Base page.
10.2. Custom Payments Gateway: Creators on the Professional, Business, and Enterprise plans may choose to set up a Custom Payment Gateway (CPG) to process Student transactions. These transactions, which are made through a third-party payment gateway, are outside of the scope of your relationship with Skillmentor. You agree that Your CPG service is a third-party payment service and is not a part of the Skillmentor Services. Payouts are distributed according to the third-party payment service's policies and procedures, and are not subject to any of Skillmentor’s policies and procedures related to payments, including the 14-day refund policy or payment hold. Furthermore, You acknowledge that:
Transactions. made through CPG are not subject to Skillmentor's transaction fees.
Skillmentor does not control any payment processing fees that may be assessed through CPG. Additionally, while Skillmentor may record the amounts that you owe to authors and affiliates in the transaction report, Skillmentor does not have the access or ability to make deductions from transaction fees processed through third-party payment gateways to pay your authors or affiliates. Creators using CPG are responsible for making payments to authors and affiliates on their own.
Skillmentor is not a marketplace facilitator with respect to any transactions that occur through CPG. By using CPG, You further acknowledge that Skillmentor does not have any responsibility to pay, remit, or otherwise collect or send to any relevant tax authorities any taxes owed, including sales taxes, on Creator Content you sell through CPG.
Creators may be charged a fee for any chargeback on credit card, debit card, or PayPal transaction that is processed through the Skillmentor Native Gateways. This fee is deducted from Your school's payout but is returned to You if You win the dispute. Current fees may be found on the Skillmentor Knowledge Base. Fees are subject to change.
10.4 Negative Balance Collections
Under certain circumstances including, without limitation, refunds and chargebacks, You may incur negative balances on Your Account. In the event that You are unable to resolve such negative balances directly with Skillmentor within a time period determined solely by Skillmentor in adherence with the Federal Debt Collections Practice Act and other applicable laws, You hereby permit Skillmentor to appoint a collections agency solely for the limited purpose of collecting such negative balances on Your Account. You agree to pay all costs and expenses including, without limitation, attorneys’ fees, legal expenses, collections agency fees, and other collections fees, incurred by or on behalf of Skillmentor in connection with the collection of any amounts due to Skillmentor under these Terms that are unpaid by You. Skillmentor will send the debt out for collection to a collection agency no sooner than payment 90 days due.
- Taxes Laws governing the collection, reporting and remittance of sales and use taxes, value-added taxes and other similar state, local and foreign taxes are complex. This section of the Terms summarizes Skillmentor’s practices regarding these tax requirements. Please be advised that Skillmentor’s position on these tax matters is subject to change, without notice, and possibly with retroactive effect.
Depending on the laws of the relevant jurisdictions, Creator Content sold by Creators to Students through the Skillmentor platform for purchases of courses and other services and transmitted to locations inside and outside of the United States may be subject to tax.
The rate and amount of tax imposed depends on a number of factors which Skillmentor considers, including (without limitation):
The identity of the Creator and/or Student;
The type of course or service that was purchased, and whether or not is it taxable;
The payment gateway used by the Creator (Skillmentor Native Gateways vs. Custom Payments Gateways); and
The shipment or delivery address of the Creator or Student, as applicable.
Skillmentor may request additional information from its customers, which will require You to provide certain information, such as Your legal name, tax identification number, address, phone number, e-mail address, and account information for Your bank account, as necessary to fulfill its tax obligations.
11.1 General Application of Sales Taxes in the United States
Skillmentor will determine whether a transaction on the Skillmentor Platform is subject to tax based on the applicable laws in each state. Skillmentor will calculate, collect, report and remit any sales taxes collected directly to the state on whose behalf the tax is imposed. Certain states may also require the Creator to submit their own tax filings or information returns.
The tax rate applied to Your transaction will be equal to the combined applicable state and local tax rate which shall be determined by Skillmentor based on the information provided by the Creator and/or Student, as applicable.
Fees from Skillmentor Subscription Plans Where applicable, Skillmentor will collect from the Creator sales tax that may arise in connection with Skillmentor subscription fees. Creators who believe that they should not be charged tax in connection to Skillmentor subscription fees must provide Skillmentor with a valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that Skillmentor should not charge tax to the Creator in accordance with the applicable tax laws. Please note that in some situations, tax laws may require the Creator to report and remit tax itself to its tax authority with regard to subscription fees paid to Skillmentor (these situations are commonly referred to as 'reverse charge').
Fees from the sale of Creator Content For United States sales tax purposes, Skillmentor may be deemed to be a “marketplace facilitator” for third-party sales transacted through Skillmentor’s Native Payment Gateways. A “marketplace facilitator” is generally defined as the entity that owns or operates the marketplace (platform), and directly or indirectly processes transactions (including the sof physical property, digital goods and services) on behalf of third-party sellers (“marketplace sellers”). In the United States, marketplace facilitator laws and regulations shift the sales tax collection, reporting and remittance obligations from marketplace sellers to the marketplace facilitator. Therefore, where Skillmentor is deemed a marketplace facilitator, Skillmentor is responsible for calculating, collecting, remitting and refunding sales taxes on taxable products and services that are sold over Skillmentor’s Native Payment Gateways (i.e. Skillmentor Payments and Monthly Payment Gateway). Please note that where a Creator is using the Custom Payment Gateway (CPG), the Creator is solely responsible for calculating, collecting, reporting and remitting sales tax regardless of the Student’s state of residence. Creators are able to download sales reports detailing the purchase amount and the amount of tax collected on each sale through their account dashboard. It is possible that certain states will require additional marketplace facilitator collection (“Marketplace Facilitator Collection”) under new or existing laws. At its sole discretion, Skillmentor shall determine when it will undertake Marketplace Facilitator Collection with respect to a jurisdiction and You authorize Skillmentor to take all actions necessary to undertake such Marketplace Facilitator Collection. You agree to reasonably cooperate with Skillmentor and timely provide all information necessary for Skillmentor to accurately calculate, collect, report and remit such taxes including, but not limiting to, complying with the other provisions of this section. Skillmentor shall have sole discretion to specify the rate and taxability applied to the products and services sold. You also understand and agree that Skillmentor may undertake Marketplace Facilitator Collection for transactions in jurisdictions in which you do not otherwise have a substantial nexus. Notwithstanding any other provision of these Terms, You understand and agree that Skillmentor will not remit to You any taxes collected as part of Marketplace Facilitator Collection. Without limiting Your obligations or liability under any other provision of these Terms, You agree to indemnify and hold harmless Skillmentor for any taxes, penalties, or interest on Your transactions asserted against Skillmentor by a jurisdiction with respect to Marketplace Facilitator Collection. Please refer to Skillmentor’s Knowledge Base article on United States Sales Tax and Skillmentor for a list of jurisdictions where Skillmentor collects tax as a marketplace facilitator.
Exceptions Skillmentor will not collect sales taxes in the following circumstances: Creator sales over Custom Payment Gateway (CPG): Creators must calculate, collect, report and remit taxes themselves Creator sales off Platform: Creators must calculate, collect, report and remit taxes themselves Tax Exempt Organization: Creators or Students from tax-exempt organizations who purchase products or services on the Skillmentor platform will be required to pay sales taxes on the initial purchase. Thereafter, the Creator or Student should submit a refund request to tax@Skillmentor.pro. The refund request should include a copy of the purchase receipt showing the sales tax paid and the Order ID, as well as a copy of the Creator or Student’s valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that Skillmentor should not charge tax to the Creator in accordance with the applicable tax laws. Skillmentor will issue a refund once the documentation has been reviewed and approved. Resellers: Creator will need to provide Skillmentor with a tax exemption certificate issued by the state in which they are located.
Additional Sales Tax Considerations Skillmentor’s failure to collect, report and remit taxes to any governmental authority, may not relieve the Creator or Student from its sales tax obligations or liabilities within a state where applicable products and services are taxable. In certain states, a marketplace seller is still responsible for collecting and remitting sales and use taxes on sales not made on the marketplace facilitator platform. Additionally, the marketplace seller may remain liable for the sales tax if the marketplace facilitator can demonstrate that: (i) it has made a reasonable effort to obtain accurate and complete information from an unrelated marketplace seller about a retail sale, and (ii) the failure to remit the correct amount of tax was due to incorrect or incomplete information provided to the marketplace facilitator by the unrelated marketplace seller. WE ADVISE EACH CREATOR AND/OR STUDENT TO CONSULT WITH ITS OWN TAX ADVISOR REGARDING THE APPLICABILITY OF THESE RULES TO THEIR INDIVIDUAL CIRCUMSTANCES.
11.2 General Application of Taxes Outside of the United States
Creator and Student expressly acknowledge that an agreement is formed directly between Creator and Student for the sale of Creator Content by the Creator to the Student. Skillmentor is not a party to that agreement nor sets any of the terms for Creator Content sold by the Creator to the Student.
The Creator is the supplier of the Creator Content, Skillmentor is not responsible for interactions between Creators and Students and only provides technical means through which Creators may make their Creator Content available to Students.
As the Creator sells its Creator Content directly to the Student under its agreement with the Student, except as expressly provided in these Terms, the Creator will be solely and fully responsible to collect, report and remit the correct amount of tax (if any) to tax authorities for charges to the Students for the purchase of Creator Content. Skillmentor recommends Creators consult a tax advisor to assist with determining the tax requirements relating to the sale of their Creator Content.
Some countries provide for special tax laws making Skillmentor instead of the Creator responsible for the tax obligations pertaining to Creator Content sold by Creators while using the Skillmentor Native Gateways (Skillmentor Payments and Monthly Payment Gateway). In this regard, please note that the tax laws of the countries where Students reside generally dictate whether such a special tax law applies making Skillmentor instead of the Creator responsible for tax.
Therefore, in the event a Creator sells Creator Content to Students in multiple countries, different tax obligations may apply for the Creator, depending on the countries where the individual Students reside.
Please note that where a Creator is using the Custom Payment Gateway (CPG), the Creator is always solely responsible for tax, regardless of the country of residence of the Student.
The Country-Specific Guidance section contains an overview of jurisdictions where tax laws apply that shift the tax obligations for Creator Content from the Creator to Skillmentor in the Skillmentor Native Gateways model due to a deemed (by way of legal fiction) resale of Creator Content by Skillmentor that applies for tax purposes only.
Skillmentor determines the country where a Student resides for tax purposes on the basis of information the Student enters at checkout. Where needed, Skillmentor makes such data available to the Creator to enable the Creator to determine the amount of tax on the sale of Creator Content to a Student for which the Creator is responsible.
Country Specific Guidance Please note that Skillmentor is handling tax on Creator Content sold to students only in specific situations, summarized below by country. In all other situations, the creator is solely responsible for tax on Creator Content and should consult with their tax advisor. For further country-specific guidance, please also refer to the Knowledge based article on Digital Content Tax Handling Outside Europe and the United States. a) European Union Value Added Tax (EU VAT) For Creator Content sold to Students residing in the EU, Skillmentor is responsible for collecting, reporting and remitting EU VAT to tax authorities if:
The Creator sells the Creator Content while using the Skillmentor Native Gateways; and
The Creator Content is an 'Electronically Supplied Service' (ESS).
the Creator is not established in or residing in the country of the Student;
the Creator sells the Creator Content while using the Skillmentor Native Gateways; and
the Creator Content is an 'Electronically Supplied Service' (ESS) or equivalent under the applicable tax laws.
Creator Content is an ESS unless the Creator has expressly confirmed, by turning on the Comment Box functionality when creating its course on the Skillmentor platform, that the Creator Content requires live interaction between Creator and Student. Please note that in cases where Creator Content is NOT ESS, Skillmentor will NEVER be responsible for tax for Creator Content sold by Creators. This means that the Creators will in those cases be responsible for tax on the Creator Content. Students located in India and Singapore with a valid tax ID will not be charged tax at checkout.
11.3 Tax Indemnification
Notwithstanding any provision in these Terms to the contrary, You shall indemnify, defend and hold Skillmentor and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns federal, state, county, city, foreign or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and You grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by You hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
- Skillmentor Subscription Fees Skillmentor Plans are billed on a subscription basis. Users who sign up for a paid Skillmentor Plan will be billed in advance on either a monthly or annual cycle, depending on what Skillmentor Plan was selected at time of purchase. Payment will be charged to the User’s chosen payment method at confirmation of purchase and at the beginning of each new billing cycle. Skillmentor Plans will automatically renew at the end of each billing cycle unless You submit a cancellation request to us in writing via email (support@Skillmentor.pro) or directly through Your account prior to the end of the billing cycle. Upon cancellation, your access to the select Skillmentor Plan will terminate and you will not be charged for the next billing cycle.
Pricing for the purchase of a Skillmentor Plan is described on our pricing page. Skillmentor may change the price of a Skillmentor Plan from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Skillmentor Plan subscriptions will take effect at the start of the next subscription period following the date of the price change. If You do not agree with the price Skillmentor charges, You have the right to reject the change by canceling Your subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Depending on the processing method, Skillmentor may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.
Should You not authorize payment or are otherwise not current on Your payments for Skillmentor Services, Skillmentor may restrict Your Platform access until Your account becomes current and paid in full. Skillmentor reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Skillmentor and/or retaining collection agencies or legal counsel.
Skillmentor reserves the right to offer custom Skillmentor plans and pricing in addition to what is offered on the pricing page. Custom Skillmentor plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.
Pricing of Creator Content Skillmentor is not responsible for setting the pricing on Creator Content. Prices for Creator Content are set by the Creator.
Refund Policy We want You to be happy with Skillmentor's Platform. If You're not feeling excited about joining the Skillmentor community, we have some options for You regarding Your plan.
14.1 Refund Policy for Skillmentor Plans
Monthly Plans Creators on monthly paid Skillmentor subscription plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for a paid plan, or upgrading to a higher priced plan. Simply let us know in writing that You're canceling the plan within thirty (30) days of Your sign-up.
Annual Plans Creators on annual paid Skillmentor subscription plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for an annual plan. Simply let us know in writing that You're canceling the plan within thirty (30) days of Your sign-up.
Abuse of the Refund Policy Skillmentor reserves the right to refuse refunds to Creators who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
14.2 Refund Policy for Sales of Creator Content to Students
Courses a) In general, all Students purchasing courses that are a part of the Skillmentor Native Gateways are entitled to a fourteen (14) day full refund from the date of purchase. Unless authorized by Skillmentor in Skillmentor's sole discretion, no Creator on the Skillmentor Native Gateways may offer to Students a refund policy for a period of less than fourteen (14) days. b) If a Creator has been allowed to offer a refund period that differs from Skillmentor's general policy, the Creator must provide notice to Students prior to the purchase of the course. c) Skillmentor reserves the right to refuse refunds to Students who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months. d) Regardless of any other section to the contrary in these Terms, Skillmentor does not establish, maintain, or control refunds or a refund policy for any Creator Content that was processed through a Custom Payment Gateway, including courses.
Coaching a) Creators (regardless of whether they use Skillmentor Native Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of Coaching offerings. b) The Creator must provide notice to Students regarding their refund policy prior to the Students' purchase of the Coaching offering. c) Regardless of any other section to the contrary in these Terms, Skillmentor’s refund policy does not cover the provision of Coaching offerings provided by Creators to Students.
Digital Downloads a) Creators (regardless of whether they use Skillmentor Native Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of digital downloads. b) The Creator must provide notice to Students regarding their refund policy prior to the Students’ purchase of digital downloads. c) Regardless of any other section to the contrary in these Terms, Skillmentor’s refund policy does not cover the purchase of digital downloads. d) Skillmentor may, in its exclusive and sole discretion, refuse to refund the amounts paid, even within the permitted refund period, in the event that Students have used all or part of the digital downloads purchased, such as having downloaded the available digital downloads, leaving Skillmentor and the Creator at a clear disadvantage.
Bundled Products a) If a Creator sells a set of courses as a bundled package, the refund policy applicable for courses will apply, as provided in Section 14.2(1). b) If a Creator sells a set of courses and Coaching offerings as a bundled package, the refund policy applicable for Coaching offerings will apply, as provided in Section 14.2(2). c) If a Creator sells a set of coaching offerings as a bundled package, the refund policy applicable for Coaching will apply, as provided in Section 14.2(2). d) If a Creator sells a set of digital downloads as a bundled package, the refund policy applicable for digital downloads will apply, as provided in Section 14.2(3). e) If a Creator sells a set of digital downloads with courses or Coaching offerings as a bundled package, the refund policy applicable for digital downloads will apply, as provided in Section 14.2(3).
Subscription refunds. For student’s purchasing subscriptions, Students are entitled to terminate their subscription at any time within 14 days of their initial payment and receive a full refund.
General Provisions a) It is the Student’s responsibility to understand the refund policy for Creator Content prior to purchasing such Creator Content. b) Skillmentor reserves the right to provide a refund to any student at any time in Skillmentor's sole discretion.
- Cancellation and Deletion 15.1 Cancellation
If You cancel a paid Skillmentor subscription plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and Skillmentor may disable access to features available only to paid plan users.
You may delete Your account at any time.
Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by Skillmentor in its sole discretion.
Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.
If Your account is deleted (regardless of the reason), Your User Content may no longer be available. Skillmentor is not responsible for the loss of such content upon deletion.
Upon deletion of Your account (regardless of the reason), all licenses granted by Skillmentor will terminate.
15.3 Effect of Cancelation/Deletion
Should a school, course, or account be canceled or deleted, the user may no longer have access to Skillmentor Content and/or User Content (including Creator Content). Further, User Content (including Creator Content) may be irretrievable.
Skillmentor shall not be liable to any party in any way for the inability to access Skillmentor Content or User Content (including Creator Content) arising from any cancelation or deletion, including any claims of interference with business or contractual relations.
- Errors and Corrections Skillmentor does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Skillmentor guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Skillmentor may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.
- Limitations of Liability In running the Platform, we require that You understand and agree that Skillmentor is not liable for a number of things, including Your breach of these Terms and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Skillmentor doesn't warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Skillmentor will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
You agree that Skillmentor, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Skillmentor Platform.
You agree that Skillmentor shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
Skillmentor is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command. Skillmentor does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
The Skillmentor Platform is provided to You on an "As Is, As Available" basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Skillmentor Platform.
Skillmentor disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
Skillmentor shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
You agree that Skillmentor shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of these Terms. You agree to indemnify, defend, and hold harmless Skillmentor, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of these Terms, other Skillmentor policies, and copyright and other intellectual property law)
You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
You may not assign Your rights under these Terms without Skillmentor's prior written consent.
Should Skillmentor's limitation of liability not be applicable, Skillmentor's sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Skillmentor over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
You agree that Skillmentor shall not be liable for any content that appears on the Platform.
Except as set forth herein, nothing express or implied in these Terms is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
You agree that any cause of action or claim that You may have against Skillmentor must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
Remedies for Violations Skillmentor reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
Communications Skillmentor may notify You of relevant information regarding the Platform and Skillmentor Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.
Governing Law and Jurisdiction; Disputes and Arbitration 20.1 These Terms shall be governed in accordance with the laws of the State of New York without regard to its conflicts of laws principles.
20.2 Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms, 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.
20.3 The arbitration will be conducted in New York County, New York, unless You and Skillmentor 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 Skillmentor 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.
20.4 You and Skillmentor 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.
20.5 You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Skillmentor and all parties to any such proceeding.
California Civil Code Section 1789.3 California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of these Terms.
23.2 If any provision of these Terms 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.
23.3 No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Titles/Headings The headings and titles of sections to these Terms 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 these Terms. Neither You nor Skillmentor shall rely on, or interpret substantively, the headings when construing the meaning of each section or these Terms as a whole.
Gender/Plural Whenever such wording may appear in these Terms, 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.