Terms of Use

Updated June 2019

Skill Struck, LLC, welcomes you to our websites, applications, content, products, and programs (our “Services”). These terms of use (the “Agreement”) govern your use and our provision of the Services. This Agreement includes our Privacy Policy and any additional terms agreed to by you on our Services. If you have any questions, please contact us using the information below.

1. Consent, Withdrawal, and Amendment


Consent to this Agreement

This Agreement is a contract between you and Skill Struck, LLC, or any affiliated company or third party we may use to provide our Services to you. By using any of our Services, you agree that this Agreement binds you. If you do not agree to any of its terms, including our Privacy Policy, you may not use our Services.

Withdrawing Consent

To withdraw your consent to this Agreement, you must stop using our Services and cancel any account you may have established with us according to Section 7 below.

Right to Amend

We may amend any portion of this Agreement at any time. We will provide notice to you of any change, and you agree that posting the revised Agreement on our website or application, with an updated date, constitutes proper notice. Your continued use of our Services constitutes your acceptance of the revised Agreement.

2. Eligibility for the Services


The Services are for your personal, noncommercial use only. We may make changes to the Services as we see fit. By using the Services, you represent and warrant that:

  • you have the right to enter into this Agreement;
  • you will abide by this Agreement; and
  • you will abide by any and all applicable federal, state, and local laws.

If you are a minor, you must receive a parent or legal guardian’s permission to use these Services. If you are a parent or legal guardian who enables a minor to access the Services, you agree to stand in the shoes of the minor with respect to any applicable portion of this Agreement. For purposes of this Agreement, where the context requires, “you” means both any minor using the Services and the parent or legal guardian of the minor.

3. Disclaimers and Limitation on Liability


THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE. WE DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES NOT EXPRESSLY SET OUT IN THIS AGREEMENT.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE ARE NOT LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER RELATING TO OR AS A RESULT OF THE SERVICES OR ANYTHING OBTAINED THROUGH THE USE OF THE SERVICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER IS LIMITED TO THE AMOUNT PAID BY YOU FOR OUR SERVICES, IF ANY. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE.

4. Network Services


If you access the Services through a mobile network, your network’s messaging, data, and other rates and fees may apply. We are not responsible for those rates or fees. You acknowledge that our Services may not work correctly with your internet service provider, mobile service provider, or device.

5. Your Content and Account


User Generated Content

We may allow you to communicate, submit, upload, or otherwise make available text, images, audio, video, or other content on the Services (“User Generated Content”) through message boards, chats, or other mediums. You will conduct yourself civilly and respectfully on the Services. While using the Services, you will not under any circumstances post any inappropriate User Generated Content or any User Generated Content that violates any law or the rights of any person. We reserve the right to determine, at our sole discretion, what constitutes civil and respectful conduct and inappropriate User Generated Content. An incomplete list of some uncivil or disrespectful actions and inappropriate User Generated Conduct is included here.

We may monitor, screen, post, remove, access, modify, store, and review User Generated Content at any time and for any reason without prior notice to you. If we discover any illegal or unauthorized uses of our Services, we may take legal action against the violator. We are not responsible for and do not endorse any User Generated Content.

Passwords and Security

You are responsible for maintaining the confidentiality of all of your usernames and passwords associated with the Services, and you are responsible for all activities that occur under your account. You will promptly notify us of any unauthorized use or disclosure of your account or of any other breach of security with which you become aware. You will log out from your account at the end of each session. We may implement security measures that are designed to protect your information from unauthorized use, but in no way do we represent or warrant to you that your account, or any information on it, will remain confidential.

6. Paid Transactions


Payments and Billing

We will explain to you the terms of any purchase on the purchase page of our Services. You agree to pay all charges incurred for any use of any Service by anyone using your account. When you provide us payment information, you covenant that (i) the information will be accurate, (ii) you are authorized to use the payment method provided, and (iii) you will notify us of changes to that payment information. We may utilize third-party updating services to obtain your current payment information to the extent allowed by the payment provider.

If you initiate a chargeback or otherwise reverse a payment made with your payment method, we may terminate your account immediately. If we successfully dispute the reversal and the reversed funds are returned, you are not entitled to a refund or to have your account reinstated.

Pricing and Taxes

We may revise the pricing for any Services we offer at any time. When you place any order, we have the right to charge you for any tax or other governmental charges that apply to the order (even if charged to you after your complete your order).

7. Right of Cancellation


You may change or cancel your account at any time online by following the instruction on the “cancel account” or similar page under your “Account Settings” page. We may require a reasonable amount of time to process the action to cancel your account. You will not receive a refund of any portion of payment for purchased Services.

8. Your Interactions with Other Users


You may change or cancel your account at any time online by following the instruction on the “cancel account” or similar page under your “Account Settings” page. We may require a reasonable amount of time to process the action to cancel your account. You will not receive a refund of any portion of payment for purchased Services.

9. Proprietary Rights


As between us and you, you agree that we own all proprietary rights in our Services or have a license to use any content on our Services that we do not wholly own. You grant us an unlimited, worldwide, fully-paid, non-exclusive license to store, use and display any User Generated Content you provide in the Services.

We reserve the right to use any student’s or parent's image or likeness, as well as any content the student or parent may produce, whether through photographs, adaptations, displays, exhibits, or otherwise, in all markets, media, or technology now or later known. Any image or likeness will be used solely for the promotion, marketing, public education, and fundraising activities of Skill Struck, LLC, and will not include the name of any individuals therein unless otherwise agreed in writing by you. Neither the parent nor the student will receive any compensation for the use.

10. Claims of Copyright Infringement


You must send any notifications of claimed copyright infringement to our designated agent at the address below. We will respond to any claims in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or other applicable laws. Any notice sent to us must include the required information set forth in the DMCA and described here.

11. Indemnity


You agree to indemnify and hold us, our affiliates, and any respective employees and officers, harmless from any liability, loss, claims, or expenses, including attorney’s fees, that any other party makes against us arising out of or in connection with your breach of this Agreement. We may assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will fully cooperate with our efforts.

12. Termination Right


We may immediately terminate this Agreement with respect to you (including your access to the Services) and cancel your account if you do not comply with any provision of this Agreement. We are not required to disclose the reason for terminating you.

13. Additional Provisions


Severability, Survival, and Discrepancies

This Agreement contains the entire terms between you and us regarding our Services. If any provision of this Agreement is invalid for any reason, that provision is severed from this Agreement and will not affect any remaining provisions. The provisions of this Agreement which should survive the termination of this Agreement will survive termination. If this Agreement conflicts with more specific terms to which you agree while using our Services, the specific terms control.

Notices

Except as otherwise stated in this Agreement, we may provide any notices to you using any reasonable means available, including via the email address associated with your account.

Binding Arbitration and Class Action Waiver

All disputes between you and us or our affiliates, except disputes relating to enforcing intellectual property rights, will be arbitrated will be arbitrated by the American Arbitration Association under the Consumer Arbitration Rules. “Dispute” includes any dispute, action, or other controversy between you and us concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. The arbitrator of the dispute has exclusive authority to resolve the dispute. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court. In any event, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

PROCEEDINGS TO RESOLVE A DISPUTE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither we nor you will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or small-claims proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Governing Law

This Agreement is governed by the laws of the State of Utah, without regard to conflict of laws. If any dispute arises out of this Agreement, you consent to the exclusive jurisdiction of the federal and state courts sitting in Utah County, Utah, for the purposes of resolving the dispute, subject to the binding arbitration and class action waiver above.

Waiver

No waiver of any provision of this Agreement by us will be deemed a further or continuing waiver of that provision, and our failure to assert any right or provision under this Agreement will not constitute a waiver of that right or provision.

Contact Us

You may contact us, including for purposes of sending any notices required under this Agreement, at: support@skillstruck.com

Uncivil and disrespectful conduct, and inappropriate User Generated Content

Conduct that we consider uncivil and disrespectful includes the following:
  • using abusive, threatening, offensive, or profane language;
  • impersonating any person or entity;
  • soliciting money from any members;
  • stalking or harassing any other person;
  • committing fraud or misrepresentation; and
  • disrupting the Services in any way.

Inappropriate User Generated Content may include, but is not limited to, User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, offensive, disruptive, exploitive, or careless, including content that:

  • promotes physical harm against any person or group;
  • promotes false or misleading information;
  • infringes on another’s intellectual property or proprietary information;
  • contains disruptive codes or devices, such as viruses and Trojan horses;
  • violates another person’s privacy or confidentiality;
  • exploits another person or group; and
  • publicizes commercial activities.

DMCA Notice

To be effective, the DMCA notification must include a written communication that details the following:
  1. a physical or electronic signature of the person authorized to act on behalf of the owner of a copyrighted work that is allegedly infringed;
  2. a description of the copyrighted work;
  3. a description of where the infringing material is located in our Services sufficient to allow us to find the alleged infringing material;
  4. your name, address, telephone number, and email address;
  5. a written statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.