Terms of Use

Last updated: 10/11/21

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://skillbites.net/ website (the “Service” or “SkillBites Site”) operated by SkillBites, LLC (“SkillBites”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and contact information.

2. Links To Other Web Site

Our Service may contain links to third-party web Site or services that are not owned or controlled by SkillBites LLC

SkillBites has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web Site or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web Site or services.

3. Proprietary Rights.

The content of the Service includes, without limitation, (i) our trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “SkillBites’ Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Services (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “SkillBites Content”). SkillBites Content is the property of SkillBites, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any SkillBites Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from SkillBites. Any use of SkillBites Marks without SkillBites’ express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the SkillBites Content, including any such notices appearing on any SkillBites Content.

4. License Restrictions.

Unless otherwise expressly stated in these Terms of Use or you receive SkillBites’ prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), SkillBites Site, any SkillBites Content, or any portion thereof. Further, you may not (i) use SkillBites Site for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to SkillBites Site, including SkillBites Content; (ii) interfere with the proper working of SkillBites Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of SkillBites Site.

5. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting a new version on our website. Your continued use of our website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with our website in any way, your only recourse is to immediately terminate use of our website.

6. Privacy Policy.

For information about SkillBites’ data protection practices and SkillBites’ use and protection of your personal information, please read SkillBites’ Privacy Policy which is incorporated into and made a part of these Terms of Use.

7. User Obligations.

You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of SkillBites Site and not interfere with the use and enjoyment of SkillBites Site by other users or with SkillBites’ operation and management of the Site. You further warrant that your use of SkillBites Site and of any data input into or generated by SkillBites Site shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on SkillBites Site, including, without limitation, information required to be provided through an online SkillBites registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, SkillBites reserves the right to terminate your access and use of SkillBites Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using SkillBites Site, or defame or otherwise harm any party through your use of SkillBites Site.

In addition, you also agree that you will not use SkillBites Site to:

(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:

(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(iv) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(v) includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) collect or store personal data of other users of SkillBites Site;

(c) intentionally disrupt or interfere, whether directly or indirectly, with SkillBites Site in any manner that may adversely affect SkillBites or any user of SkillBites Site: and

(d) intentionally or unintentionally violate any applicable local, state, national or international law.

8. User-Generated Content.

SkillBites welcomes your views, comments and other communications, pictures, track back URLs, or videos on our SkillBites Site which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User- Generated Content”). By contributing User-Generated Content to any of SkillBites Site or social media profiles, users understand and acknowledge that this information is available to the public and grant SkillBites a nonexclusive license to display, reproduce, transmit, modify such User-Generated Content and that SkillBites may use the User-Generated Content for internal and external marketing purposes. You are solely responsible for the User-Generated Content you submit. If you believe any User-Generated Content infringes on your proprietary rights, contact SkillBites as identified in these Terms of Use. SkillBites does not approve, endorse, or adopt any User-Generated Content, and SkillBites assumes no liability for any User-Generated Content submitted by you or others. You agree to indemnify SkillBites against all claims and liabilities resulting from User-Generated Content. Users who do not wish to have information they have made available via these Site used, published, copied and/or reprinted, should not post on SkillBites Site. Please note that other participants may use posted information beyond the control of SkillBites. All User-Generated Content is read at your own risk, and SkillBites recommends that you not rely on the information or advice in any of these postings.

SkillBites retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. SkillBites also retains the right to ban or block a user from posting on SkillBites social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

You acknowledge, consent and agree that SkillBites may access, preserve and disclose your account information and the User-Generated Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of SkillBites to: (a) comply with legal process; (b) enforce this Terms of Use; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SkillBites, its Users and the public.

9. Responsibility for Use of the Internet and SkillBites Site and Exclusion of Liability.

Use of the Internet and SkillBites Site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from SkillBites Site over the Internet or other communication network. SkillBites shall not be obligated to correct or update SkillBites Site, SkillBites Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on SkillBites Site.

10. No Legal Advice and Disclaimer as to Accuracy of Information.

The information contained in SkillBites Site and SkillBites Content are for informational purposes; accordingly, information on SkillBites Site is not promised or guaranteed to be correct or complete, and should not be relied upon as such. You acknowledge and agree SkillBites shall not be liable to you or any other party for any act or failure to act relating thereto, in addition to the limitation of liability claims contained in this Terms of Use.

11. Warranties Disclaimed.

SkillBites Site and SkillBites Content are provided “as is” and “as available.” Neither SkillBites, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively “SkillBites Parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) SkillBites Site or SkillBites Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to SkillBites Site will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through SkillBites Site will meet your expectations; or (iv) SkillBites Content will remain unchanged or accessible on SkillBites Site. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with SkillBites Site or SkillBites Content is to cease using SkillBites Site and SkillBites Content.

12. Exclusion of and Limitation of Liability.

SkillBites Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use SkillBites Site and/or any SkillBites Content; (ii) from any interruption in the availability of SkillBites Site and/or SkillBites Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from SkillBites Site, or transactions entered into, through or from SkillBites Site; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on SkillBites Site; (vii) from any delay or failure of SkillBites Site arising out of causes beyond SkillBites’ control; (viii) out of the use of, reference to, or reliance on, SkillBites Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, SkillBites Site (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party webSite; or (xi) out of any other matter relating to SkillBites Site or SkillBites Content.

In the event you are dissatisfied with, or dispute, these Terms of Use, SkillBites Site and/or SkillBites Content, your sole right and exclusive remedy is to terminate your use of SkillBites Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that SkillBites has no other obligation, liability or responsibility to you or any other party.

13. Third Party Information.

SkillBites Site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content (as defined below), or other information made available by third parties such as content providers and other users of SkillBites Site are those of the respective third party and not of SkillBites or its affiliates. SkillBites makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.

14. Notice for Claims of Intellectual Property or Copyright Infringement.

SkillBites respects the intellectual property of others, and, particularly as to User-Generated Content (as defined below) in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to SkillBites:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

For notice of claims of copyright or other intellectual property infringement:

By mail:
Judy Weintraub

CEO

SkillBites LLC

PO Box 352

Valley Forge, PA 19481

By email:

Info@skillbites.net

By phone: 610-783-4519

15. Indemnification.

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless SkillBites Parties from and against all claims arising from or in any way related to your use of SkillBites Site and/or SkillBites Content, a violation by you of these Terms of Use or SkillBites Code of Conduct, or any other actions connected with your use of SkillBites Site and/or SkillBites Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. SkillBites will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to SkillBites Parties other than under this Section.

16. Term and Termination.

These Terms of Use will take effect at the time you begin using SkillBites Site. SkillBites reserves the right, with or without notice, at any time, and for any reason to deny you access to SkillBites Site or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use SkillBites Site, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of SkillBites Site, including any SkillBites Content, in your possession.

17. Arbitration; Venue.

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chester County, Pennsylvania. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the Commonwealth of Pennsylvania and/or the United States District Court for the Eastern District of Pennsylvania shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. SkillBites reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Eastern District of Pennsylvania or any court located in Chester County, Pennsylvania.

18. Governing Law.

These Terms of Use and all matters regarding your use of SkillBites Site shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the Commonwealth of Pennsylvania, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

19. Waiver and Severability.

The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

20. Complete Agreement.

These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to SkillBites Site and its use by you, and supersedes any previous written or oral communication regarding use of SkillBites Site.

21. Statute of Limitations.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of SkillBites Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

22. Use of Website and Content outside of the United States.

SkillBites makes no claims regarding access or use of SkillBites Site or SkillBites Content outside of the United States. If you use or access SkillBites Site or SkillBites Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

23. Contact Us

If you have any questions about these Terms, please contact us by filling in the form at https://skillbites.net/get-me-started/.