Terms and Conditions

Skatedash End User License Agreement

Terms and Conditions of Use

Updated 5/16/2018

   

  1. Agreement

    1. Before accessing this mobile application (the “Skatedash App”), the hereinafter defined Website, or using the services (the “Service”) provided by MySkateSpace, LLC (“Skatedash”), you must review and accept the following Terms and Conditions of Use (the “Agreement”). This Agreement establishes the legally binding terms and conditions of your use of the Skatedash App and website located at www.skatedash.com (the “Website” and together with the Skatedash App, the “Site”). By accessing the Skatedash App, Website or using the Service, you agree to be bound by the terms and conditions of this Agreement, and Skatedash agrees to provide the Service to you on the terms and conditions contained in this Agreement. BY CLICKING ON “I ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON “I ACCEPT.” IF YOU FAIL TO CLICK “I ACCEPT,” YOU WILL NOT HAVE ACCESS TO THE SKATEDASH PLATFORM, CERTAIN WEBSITE FEATURES OR BE ABLE TO USE THE SERVICE.

    1. The terms “you” and “your” shall mean the individual, entity (e.g., company, corporation, partnership, sole proprietor, etc.) or government agency entering into this Agreement with Skatedash. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

    1. (a)By accepting this Agreement, you also agree to be bound by the terms and conditions of Skatedash’s Privacy Policy, as set forth in Section 12 of this Agreement, as well as all other policies posted on the Website or otherwise provided by Skatedash, as such policies may be amended from time-to-time in the future. All the policies, as amended, are hereby incorporated herein by reference.

(b)Skatedash may revise the terms and conditions of this Agreement and/or change part of the Service provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the Service on the Site or upon notification to you by e-mail. It is your responsibility to periodically review the Site, including the current version of this Agreement, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may cancel this Agreement in accordance with Section 11 herein. By continuing to use Site or Service after any change to this Agreement or the Services, you agree to abide by and be bound by any such change. Skatedash shall not be liable to you or any third party should Skatedash exercise its right to discontinue or modify the Site or Service in any way.

  1. Overview of the Website and Service; Your Account Profile

    1. Through the Site, Skatedash Service offers a digital solution and tools for organizing student skater lessons, progress reports and invoicing for coaches. Using the Site, coaches will upload information helpful to skating students. Students may then access this information to keep track of their own progress and practices and to verify coach billings. From time-to-time, coaches may upload visual data such as pictures and video clips. This content may offer student skaters insights into a skater’s growth trajectory, readiness for testing and competition, form, poise, presentation, and other factors pertinent to the sport of figure skating; provided, however, that Skatedash is not responsible for a student skater imitating or attempting to execute a skill for which the skater may not be ready or trained for. You, as a user of the Site and Service, agree to indemnify and hold Skatedash harmless from any injury caused thereby in accordance with Sections 8, 9 and 10 of this Agreement.

    1. You agree and acknowledge that Skatedash does not give any coaching or other professional advice to you, whether through the Site, Service or otherwise, and nothing contained on the Website or Skatedash App or provided to you in the Service shall be construed as such.

    1. (a)You must be 18 years or older to set up a profile (“Profile”) on the Site. You agree to provide true, accurate and complete information about yourself when setting up your user Profile and to immediately provide updated information as your circumstances change. You shall not misrepresent your Profile information.

(b)Users under the age of 18 may access the Site; however, users under the age of 18 are not allowed to directly provide any information about themselves to Skatedash. Only coaches over the age of 18 will have access to upload content to the Site, and minor users shall not have access to upload content to the Site. Please contact Skatedash for more information, if necessary, at: hello@skatedash.com.

(c)When you visit the Site or send emails to Skatedash, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Skatedash may also deliver communications to you by any means set forth in any other Skatedash policy or notice published on the Site.

    1. Skatedash will endeavor to provide a safe and secure login portal to your account, but it is your sole responsibility to maintain the security of your username and password, and other confidential login information relating to your Skatedash account. Skatedash will not be responsible or liable for any injury or damages arising out of the access and use of the Site and Service by a third party through your account, and you agree that you will be responsible for all charges incurred through your account, whether incurred by you or by a third party.  If you suspect the security of your login information has been compromised, contact Skatedash immediately by email at: subscriptions@skatedash.com and provide all relevant information.  When contacting Skatedash, you may also: (1) request new login credentials; (2) request a review of your account for unauthorized transactions; and/or (3) request a possible waiver, at Skatedash’s sole discretion, of any fees or charges associated with any unauthorized usage of your account.  Requests for fee waivers will not be considered if the information is not reported within forty-eight (48) hours after you first learn, or have reason to believe, that the security of your login information has been compromised.

    1. Your right to access and use the Site and Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your account or under your Profile.

3.    Submission of Content

3.1. The Site and the Service available thereon enable coaches to provide or upload content, including but not limited to: text, images, video and other data and information (collectively, the “Content”). If you have been granted access to upload Content, you acknowledge and agree that you are solely responsible for the Content that you submit, provide or upload, and any consequences related thereto. Skatedash will use the Content you upload in connection with (i) providing Services, (ii) cooperating with any governmental investigation; (iii) complying with legal or administrative processes, and/or (iv) protecting the rights and property of Skatedash, its users and other third parties. You represent and warrant that you own or have rights to the Content you uploaded, or have all the necessary licenses, rights, consents and permissions to grant the license set forth herein, and that its provision to Skatedash or Skatedash’s use thereof, will not violate copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights of any other person or entity, and will not violate any applicable law, ordinance, rule or regulation. Users of the Site under the age of 18 will not have access to upload Content. Skatedash relies only on a user’s profile to determine a user’s age, and does not independently verify that the user has entered in accurate information. A violation of the Skatedash age requirement to upload content will result in immediate termination of your Skatedash subscription and use of the Site will be denied. If your subscription is canceled for violation of the terms of this Agreement, you will not be granted a refund of your Skatedash subscription, as set forth more fully in this Agreement under Section 16.

3.2 SKATEDASH HAS NO RESPONSIBILITY FOR AND NO OBLIGATION TO MONITOR UPLOADED CONTENT FOR APPROPRIATENESS, AND DOES NOT RECOMMEND OR ENDORSE ANY CONTENT POSTED OR UPLOADED BY USERS ON THE WEBSITE OR SKATEDASH APP. Skatedash reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. Skatedash reserves the right to terminate your access to any or all of the Site and to Services at any time, without notice, for any reason whatsoever.

3.3 Skatedash reserves the right at all times to disclose any information as Skatedash deems necessary to satisfy any applicable law, ordinance, regulation, rule, legal process, court order or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Skatedash’s sole discretion.

3.4 You should always use caution when posting or providing any personally identifiable information about yourself or your children on the Site. Skatedash does not endorse the content, message, images, photographs, information or materials found on the Site and, therefore, Skatedash specifically disclaims any responsibility or liability for the content, information, imaged, photographs or materials uploaded or posted to the Site by any Coach, Student or third party.

4.    Intellectual Property Rights

4.1. All right, title, interest and ownership and intellectual property rights in and to the Skatedash trademarks, the Website and the Skatedash App, including but not limited to its “look and feel” (i.e. text, graphics, images, logos, buttons, icons and placement thereof), software and other media or information, other than user Content, are and will remain the property of Skatedash. The Site is protected under United States copyright, trademark and other applicable laws and regulations.

4.2. Subject to the terms and conditions contained in this Agreement, Skatedash grants you a personal, nontransferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access the Site and to use the Service, all subject to you maintaining a valid subscription for use. This limited license does not include the right to nor may you download the Site or modify any portion of it. This license also does not include any resale or commercial use of the Site or its contents or any use of data mining, robots or other similar data gathering and extraction tools. You may not frame or use any framing techniques to enclose any trademark, logo or other proprietary information (including images, texts, page layout or form) of Skatedash without our express prior written consent.

5. Digital Millennium Copyright Act

5.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DCMA”) by providing Skatedash with the information required under Title 17 U.S.C. §512(c)(3) to: hello@skatedash.com. For clarity, only DCMA notices should go to Skatedash’s copyright email address. Any other feedback, requests for technical support or billing should be directed to the appropriate Skatedash line of support.

5.2 If you believe that your Content that was removed (or to which access was disabled) was not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to law, to post or use the material in your Content, you may send a counter-notice containing the following to Skatedash’s copyright agent:

  • Your physical or electronic signature;

  • Identification of the Content that has been removed or to which access has been disabled;

  • A statement that you have a good faith belief that the Content was removed or disabled as a result of a misidentification of the Content; and

  • Your name, address, telephone number, email address, a statement of your consent to the jurisdiction of the federal court in the District of Utah, and statement that you will accept service of process from the person who provided the notification of the alleged infringement.

6. Acceptable Use and Conduct

   

6.1. You agree to comply with all local, state, federal, national, and international laws, ordinances regulations, and rules (including without limitation those governing account collection, consumer protection, unfair competition, anti-discrimination or false advertising) applicable to you in your use of the Site and Service.

6.2. As a condition of your use of the Site and Skatedash Service, you agree that you will not:

(a) use the services for any purpose that is illegal or is prohibited by this Agreement;

(b) interfere or disrupt networks connected to the Services or attempt to gain unauthorized access to another Skatedash subscriber’s account;

(c) use the services to infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy;

(d) transmit through the services any unlawful, harassing, profane, defamatory, indecent, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise inappropriate or objectionable material of any kind or nature, or any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

(e) upload to, install on, use or reference the Site, the Service, or Skatedash for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission in writing by Skatedash to be included in such a process, which permission shall be granted or denied at Skatedash´s sole discrection;

(f) interfere with another subscriber’s use and enjoyment of the Website or Skatedash App and Service;

(g) upload Content that contains software viruses, Trojan horses, worms, Easter eggs, spyware, malware, ransomware, time bombs, cancelbots, corrupted files, or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of the computer software, hardware or telecommunications equipment or that are designed to access, disclose, monitor, or destroy data without the written authorization of Skatedash, which authorization shall be granted or denied at Skatedash’s sole discretion;

(h) use the Site or Service in a manner that is harmful to minors in any way;

(i) use any manual or automated means, including agents, robots, scripts or spiders to monitor or copy the Site or the information or content contained therein (including any form of email address harvesting);

(j) upload Content that contains profane, adult, obscene or pornographic content;

(k) use the Site or Service in a way that includes personal or identifying information about another person in a manner that employs misleading emails, IP addresses, or otherwise forged or manipulated headers in order to disguise the origin of the Content;

(l) Advertise or offer to sell or buy any good or services for any business purpose, except for your services as a figure skating coach;

(m) falsify or delete any copyright management, such as author attribution, legal or other proper notices or proprietary designations or labels of the origin or source of material you upload to the Site;

(n) harvest or otherwise collect information about others, including e-mail addresses;

(o) create a false identity for the purpose of misleading others;

(p) Restrict, prohibit or inhibit any other user from using and enjoying Skatedash, the Site or the Service

7.     Billing

7.1. When you initially sign up for a Skatedash membership, you are eligible for a 30-day free trial. You are not required to enter your form of payment at sign up. Once your account (¨Coach Account¨) is set up you will be given a subscription account and access to use the Site and the Service. If at any time within the first thirty (30) days, you are unsatisfied with the Skatedash Site or Service, you may cancel your membership by providing Skatedash written notice and following the process for cancelation set forth below in Section 11. After 30 days, you will be asked to select your subscription option and enter a method of payment. Subscription options are:

(a) if signing in on an iOS device, your subscription option will be to subscribe via Apple’s In-App Payment platform. The only option through an iOS device is the “Unlimited” plan. Subscribing to the Unlimited plan through Apple will provide the coach with one month of SkateDash, not recurring. The coach may connect with an unlimited number of students on this plan, for a flat rate of $45.

(b) if signing in on Web or Android, coaches may select the Unlimited plan described above (with a recurring payment each month), or the “Unsubscription” plan described in point 7.2 below:

7.2 By registering for an Account selecting the “Unsubscription” plan, Coaches authorize SkateDash to bill the payment method on an ongoing monthly basis for a monthly activated student fee (“MASF”) based on the number of unique Students “activated” each month. A student is considered activated when:

(a) The Coach marks a lesson as “Complete” for the Student (via the Website or the App),

(b)OR, the Coach edits or updates the Student’s Progress or Practice sheet.

© OR, the Coach accepts a lesson requested by the Student

The MASF shall be calculated and billed to the Coach’s Account on the 28th of each month using the following formula (“MASF Formula”): $1.50 per unique Student who is activated by the Coach. Your Payment Method will be billed at the then-current rate for the Coach’s MASF based on the MASF Formula for every month or partial month that you maintain an active account. The MASF Formula and amount charged may be changed by Skatedash at any time and shall be effective immediately upon providing written notice to the Coach as provided for herein.

7.3 You agree to pay all charges for your use of Skatedash service at the prices then in effect. The prices in effect shall be those posted on the Website.

7.4 Student Accounts: In order to provide you with the convenience of making payments through an online channel using your designated form of payment, a convenience fee of no greater than 4% (4% +$.25 for payments of $75 or less, will be assessed to your invoice. Convenience fees are not surcharges. This convenience fee will be charged to you regardless of the form of your online payment; however, you are not required to pay your coach via Skatedash in order to use your Student Account. You may pay your coach directly by any means they accept without incurring a fee from Skatedash.

Skatedash uses the services of Stripe, Inc. (“Stripe”), a third party payment processor, to process online payments through Skatedash’s Site. Stripe’s payment processing services are governed by Stripe’s policies, terms and conditions. You are advised to become familiar with Stripe’s terms of service which may be found here: https://stripe.com/gb/legal. By agreeing to Skatedash’s Terms and Conditions of Use, you also agree to be bound by Stripe’s terms of service; however, you acknowledge through acceptance of this Agreement and/or your continued use of the Skatedash Site, that Skatedash and Stripe are unrelated companies and are not partners, joint venturers, affiliates, agents or representatives of one another, and furthermore that Skatedash assumes no liability whatsoever nor responsibility of any kind for any online payments processed through Stripe or any actions taken or not taken by Stripe.

Student Accounts are free and do not require a Payment Method for full access to the Skatedash Site and Services provided by Skatedash. Some Coaches may choose to add a small monthly fee (¨Student Fee¨) to each student´s invoice as a surcharge for providing the convenience and additional resources offered by Skatedash. The maximum amount of the Student Fee the Coach is permitted to charge each student is $1.50 each month. This Student Fee may be charged at the Coach’s sole discretion and is paid directly to the Coach, not to Skatedash. Skatedash assumes no responsibility or liability whatsoever for any fees charged, invoiced, collected or not collected by the Coach

7.5 If you signed up for automatic billing and renewal periods, you hereby agree to Skatedash’s use of the debit or creit card you provided to continue your subscription. You may cancel in accordance with Skatedash’s cancelation policies set forth on the Website and as provided in Section 11 of this Agreement.

7.6 If you have any questions regarding any charges that have been applied to your account, you must contact Skatedash at sbscriptions@skatedash.com within thirty (30) days of the charge date in writing. Correction to errors in billing will be provided as a Skatedash credit. Skatedash credit may be used for future monthly service fees. Failure to use your account will not be deemed a basis for refusing to pay any charges. In the event Skatedash submits charges for your service and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize Skatedash to deactivate your account until a successful process of your credit or debit card for the applicable fee, and any related charges to re-active your account has been completed. You agree to reimburse Skatedash for any and all fees, penalties or other charges incurred by Skatedash in connection with any charges rejected by your card issuer, and to pay any applicable reactivation fee charges by Skatedash.

8. Disclaimer of Warranties

8.1.    The Website and Service are provided to you “as is,” and any use by you of the Website and Service is at your own risk. To the maximum extent permitted by law, SKATEDASH disclaims all warranties of any kind, whether expressed or implied, in equity or at law, including, without limitation, implied warranties of merchantability, fitness for particular purpose, and non-infringement. skatedash does not warrant that the Site and Service will meet any requirements or needs you may have, or that they will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Site or Service will be corrected, or that the Site and Service are compatible with any particular platform. To the extent your jurisdiction does not allow the waiver or exclusion of certain implied warranties, only those warranties will not apply, without effect on the other disclaimers provided herein.

8.2.Neither Skatedash nor any of its shareholders, owners, partners, joint venturers, directors, officers, affiliates, parents, subsidiaries, licensors, employees, agents or representatives make any representation or warranty that the data, information, and content contained on, provided by, or accessed via the Site or Service will (i) meet your requirements, or (ii) be free from inaccuracies, mistakes, delays, interruptions, or errors. Changes are periodically added to the Website and Service herein, and Skatedash and its affiliates may make improvements and/or changes to the Website or Service at any time without prior notice.

8.3. You agree that, from time-to-time, Skatedash may remove the Website or disable the Skatedash App or Services for indefinite periods of time without notice to you. Your access and use of the Site and Services may, therefore, be interrupted from time-to-time for any of several reasons, including but not limited to, the malfunction of Skatedash hosting hardware, software, third-party service providers, periodic updating, maintenance or repair, and malicious actions of hackers.

8.4. Skatedash endeavors to make a reasonable effort to provide reliable service. The Site and Service are provided on the Internet and, therefore, are subject to the operation of the Internet and telecommunications infrastructures as well as the operation of your Internet connection service, all of which are beyond the control of Skatedash. You are advised that you are conducting your transactions over the Internet. While Skatedash has taken reasonable steps to reduce risk by building security features into the Website and Service to protect the privacy of your transaction data and the safe transmission of credit card information, risks remain due to factors beyond the reasonable control of Skatedash. Skatedash shall not be responsible or liable for any theft, compromise, use or misuse of your personal information including, without limitation, your credit card or other financial information.

8.5.  If you are dissatisfied with any portion of the Site or Service, or with any clause of this Agreement, as your sole and exclusive remedy you may discontinue using the Site and/or cancel this Agreement and your subscription account in accordance with Section 11.

9.Limitation of Liability

9.1. In no event shall Skatedash, its affiliates or their respective shareholders, owners, officers, directors, employees, partners, joint venturers, agents or representatives be liable for (i) any direct, indirect, incidental, special, or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information or data) arising out of or in any way connected with (A) your use of the Site or the Service, (B) the delay or inability to use the Site or the Service, (C) any information, data, products, or service obtained by you through the Site or the Service, or (D) unauthorized third party access to your account; or (ii) any costs of procurement of substitute goods or services, whether based on contract, tort, strict liability or otherwise, even if Skatedash, its affiliates, and their respective officers, directors, employees, and/or agents have been advised of the possibility of such damages.  The foregoing notwithstanding, the extent of Skatedash’s liability for material errors in the performance or processes of the Site or Service, if any, shall be to either correct the deficiencies and to waive any subscription fees applicable to the period from the time the deficiencies were identified to Skatedash until they are substantially remedied by Skatedash.

9.2. Skatedash’s aggregate liability with respect to its obligations under this Agreement, regardless of the circumstances, shall not exceed the amount of subscription fees paid by you for the service for the one-year period, or any part thereof less than one year, immediately preceding the event giving rise to Skatedash’s liability.

10.Indemnity

10.1. You agree to release, indemnify, defend and hold harmless Skatedash and any of its affiliates, parents, subsidiaries, partners and joint ventuerers, and their respective officers, directors, employees, agents and representatives from all liabilities, claims, damages, costs and expenses, including, without limitation, reasonable attorney’s fees, court costs and expenses, of third parties relating to or arising out of your negligent or wrongful conduct of any kind related to: (a) your use of the Site or Services or any third party’s use of the Site or Services using your account; or (b) your breach of the terms of this Agreement. Skatedash shall have the right to participate in any defense by you of a third-party claim related to your use of the Site or Services, with counsel of Skatedash’s choice at your own expense. You shall have sole responsibility to defend Skatedash against any claim, but you must receive Skatedash’s prior written consent regarding any related settlement, which consent shall not be unreasonably withheld.  

11.     Cancellation

11.1. This Agreement is effective until it is cancelled or terminated by you or by Skatedash. Skatedash may terminate this Agreement for any reason, including, but not limited to, if Skatedash finds that you have violated any of the terms of this Agreement. You may cancel at any time by contacting subscriptions@Skatedash.com. Skatedash is not responsible for cancellation emails sent to the wrong email address. Your account will be terminated within three (3) business days of Skatedash receiving your cancellation notice.

11.2. Upon cancellation or termination of your account and this Agreement, if you are part way through a monthly billing cycle, the remaining days in that cycle are forfeited. Your account will not be charged further fees unless outstanding charges exist on your account. Outstanding charges will be charged to your credit or debit card automatically by Skatedash. Any subscription fees and charges already paid by you if you cancel this Agreement are non-refundable.

11.3. Skatedash is not liable for any damages that may result from cancellation or termination carried out in accordance with this Agreement. IF YOUR SKATEDASH ACCOUNT IS CANCELLED OR TERMINATED FOR ANY REASON YOU MAY LOSE ALL DATA STORED IN YOUR ACCOUNT. BEFORE CANCELING YOUR ACCOUNT, YOU ARE ADVISED TO DOWNLOAD ALL SUCH DATA IN YOUR ACCOUNT.

11.4. Sections 2.2, 2.3, 2.4, 2.5, 3.2, 4.1, 4.2, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and any and all other provisions relating to confidentiality, proprietary rights, and non-disclosure, limitations of liability, and disclaimers shall survive the cancellation or termination of this Agreement.

12.    Privacy

Skatedash maintains a separate privacy policy detailing how it uses and protects your personal information including student skater information. A copy of the Privacy Policy is available on the Website at: www.skatedash.com/privacy and is incorporated in this Agreement by reference in its entirety. Skatedash may update or modify the Privacy Policy periodically. Any and all such updates and modifications shall be governed by the terms of Section 1.3.

13.    Miscellaneous

13.1. Skatedash reserves the right to assign or transfer its rights and obligations under this Agreement. The terms and conditions of this Agreement are personal to you and, as a result, you may not, without the written consent of Skatedash, assign or transfer any of your rights and obligations under this Agreement.

13.2. Any failure by Skatedash to enforce any provision of this Agreement shall not affect Skatedash’s right to require performance at any subsequent time, nor shall the waiver by Skatedash of any breach by you of any provisions of this Agreement be taken to be a waiver of the provision or provisions itself.

13.3. Each of the Coaches on the Skatedash Site hereby certifies to Skatedash that he or she is compliant and in good standing with his or her respective Coach certification or oversight authority.   Skatedash has not independently verified the information provided by each Coach, and furthermore, Skatedash makes no representations or warranties about the skill, certifications or qualifications of the Coaches using the Skatedash Site and Services.  If you would like more information about coach certifications, background checks and/or information about a specific Coach, please talk to your coach directly, contact the Professional Skaters Association or the facility where your Coach provides training. Unless expressly stated in writing on the Site, Coaches using the Skatedash Site are not partners, joint venturers, affiliates, employees, representatives of or in any way agents of Skatedash, and Skatedash does not assume any responsibility or liability (express or implied) on behalf of the Coaches using the Site or on behalf of any other user of the Site or Service.

13.4. Skatedash is not bound by, nor may you rely on, any representation posted on the Website or as part of the Skatedash App of a general informational nature other than this Agreement. No employee, contractor, agent or representative of Skatedash is authorized to alter or amend the terms and conditions of this Agreement.

13.5. This Agreement shall be construed, interpreted and governed by the laws of the State of Utah without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this Agreement or your use of the Site or Service shall be the federal or state courts sitting in Salt Lake County, Utah, USA, and you agree to submit to the personal jurisdiction of such courts for purpose of litigating all such claims. The prevailing party in any such enforcement proceeding shall be entitled to recover reasonable attorney’s fees and expenses incurred in connection with that proceeding.

13.6. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the parts of this Agreement deemed invalid or unenforceable.

13.7. You agree not to hold Skatedash responsible for any cessation, interruption or delay in the operation of the Website or Service or performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of Skatedash.

   

ACCEPTANCE

BY CLICKING “I ACCEPT,” YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU CONSENT TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND CONDITIONS. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.