Terms of Use

Last Updated: December 10, 2019

Key Terms

As used in these Terms of Use (“Terms”) “Clients” are persons or organizations who engage in time or  services of an Instructor through SocialHire, D.B.A Skillective.  “Instructors” are those who offer their time & services through Skillective.  The word “you”, or “your” and derivations thereof refer to any Client, Instructor or other user of our Services (as defined below) or the Skillective website. The word “our”, “us”, or “we” and derivations thereof refer to Skillective platform services and do not constitute employment by Skillective.

Summary of Services and Payments to Skillective

All time spent with or work performed for Clients by Instructors suggested, booked or in any way connected though any medium related to Skillective is subject to a service fee of $1 + 2 x (Credit Card Processing Fee or E-Payment Processing fee) which shall be deducted from any payments made from Clients to Instructors or other means if necessary.

All additional fiscal obligations for space or location usage, business costs or any additional costs, fees liens or anything related to the time or service will be the sole responsibility of the instructor.  Instructor & Client shall both be independently responsible for complying with all service or income related legal obligations (including any required tax or other withholdings and reporting).

Overview

These Terms constitute a binding agreement between you and Social Hire LLC, a Texas limited liability company doing business as Skillective (“Skillective”) and govern your access to and use of our website located at www.Skillective.com, and the associated services, applications, mobile services, buttons, and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By creating and account or  using the Services you agree to be bound by these Terms and the Skillective Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS AND THE SKILLECTIVE PRIVACY POLICY, DO NOT USE THE SERVICES.

You may use the Services only if you can form a binding contract with Skillective and are not a person or organization barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of another party, such as a company, organization, government, or other legal entity or person or entity from whom you have a power-of-attorney or other legal right to contract, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Skillective provides are may change over time and the form and nature of the Services that Skillective provides may also change from time to time without prior notice to you. In addition, Skillective may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

1. Description of the Services

The Services provide a means for Instructors and Clients to locate each other, negotiate job terms, book & schedule time with each other, process payments and perform work. Instructors must apply to and be accepted by Skillective to use the Services. Once admitted to use the Services, Instructors may create a profile by confirming their Instagram or other social media account and uploading relevant media and profile information. Clients with a need for time with any Instructor which makes use of the services of an Instructor (each a “Project”) may browse available Instructors and request a available time with a particular instructor through the Services.

Once a client requests an available time with an instructor, the Instructor must deny or accept said request within 48 hours. If the Request has not been accepted within the window, the lesson will by default be denied.  

Once a Client books an Instructor through the Services, the parties may use the Services to manage communications and logistics to the extent the Services at any time or from time to time include the means to do so. Payment information will be collected at the time of booking request; however, payment will not be collected until the time is approved by the instructor. Payment funds will be held in escrow by Skillective until 2 hours after the lesson was scheduled to have taken place.  Skillective is not a party to the dealings between Clients and Instructors. Skillective only requires the Skillective fee, Instructors have complete control to manage their own pricing, wages, compensation or other income related matters through the service. There may from time to time be additional charges collected from us for location-based fees. Instructors and clients will be notified prior to submitting a booking request of all known service based fees. The Instructor and clients are fully responsible for all tax and income related reporting and collections.

2. License to Use the Services

Skillective gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that we provide to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Skillective in the manner permitted by these Terms.

3. Privacy

Any information that you provide to Skillective is subject to our Privacy Policy , which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Skillective. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Skillective account, which you may not be able to opt-out from receiving.

As outlined in our Privacy Policy, we may use your likeness, personal or company logo and other visual representation or branding of or owned by you on our website and in our marketing materials to promote the Services. Use of these materials will be for the purpose of allowing for the use of the Services, promotion of Clients and Instructors and display of the examples of the skills of Instructors. In addition, these materials may be used in a general in nature for marketing and other purposes of Skillective and in that context will not mention specifics about your use of the Services.

4. Accounts

Application Data. In consideration of your use of the Services, you agree to: (i) provide true and accurate information about yourself as prompted by the Service's application form (“Application Data”) and (ii) maintain and promptly update the Application Data to keep it current and complete. If you provide any information that is untrue or inaccurate or Skillective has reasonable grounds to suspect that such information is untrue or inaccurate, Skillective has the right to require you to update your Application Data and/or suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Passwords. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Skillective cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

5. Payment Processing

Payment processing services for you, and for users of the Services generally, are provided by third party payment services organizations (“Payment Processors”) through our website and are subject to the Payment Processors’ terms of service (the “Payment Services Agreements”). By agreeing to these Terms or continuing to operate as a user of the Services, you agree to be bound by the Payment Services Agreements applicable to payments related to the Services you use, as the same may be modified from time to time by the applicable Payment Processor.

For the avoidance of doubt, Skillective uses Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing services. By using the Braintree payment processing services, you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement.

As a condition of Skillective enabling payment processing services through the Payment Processors, you agree to provide Skillective accurate and complete information about you and your business, and you authorize Skillective to share it and transaction information related to your use of the payment processing services provided by the Payment Processors.

In respect of services of an Instructor, the Instructor and Client shall agree on the Instructor’s services and the Instructor’s expenses to be paid in advance to Skillective. Unless otherwise permitted by Skillective the Client must advance the entire amount of the agreed cost of the services of the Instructor and the Instructor’s expenses before confirmation and booking of the related services. These sums shall be held by the Skillective and disbursed in accordance with the agreed terms for the contracted time.

6. User Content and Content Guidelines

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the originator of such Content. Skillective may not monitor or control the Content posted via the Services and, we cannot take responsibility for such user generated Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Skillective does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Skillective be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Content Guidelines. You agree that if you submit any Content to Skillective, such Content shall not violate the following “Content Guidelines.” Content must not:

  1. Knowingly violate or infringe any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  2. Contain material or act in any way that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous;
  3. Contain materials or act in any way that is unlawful, in violation of or contrary to the laws or regulations of the United States or any jurisdiction where Content is created or distributed;
  4. Contain information or act in any way known by Influencer to be false, inaccurate or misleading;
  5. Contain content or act in any way that is, or may be reasonably considered to be, hate speech, or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and/or
  6. Disparage Skillective or any other person or party.

If any Content violates these guidelines, or other guidelines as may be provided by Skillective, as determined by Skillective in its sole discretion, you shall immediately remove such Content upon request from Skillective. Notwithstanding any other action available for Skillective, Skillective shall have the right to immediately terminate this agreement at Skillective’s sole discretion for violations of the Content Guidelines.

7. Fees

Instructors. As consideration for providing the Services, a service fee of $1 + 2 x (Credit Card Processing Fee or E-Payment Processing fee) (US) may be deducted from any payments made to an Instructor prior to depositing the remainder in the Instructor’s account (“Service Fee”).

Clients. Clients do not pay a direct fee to use the Services.

Any action that encourages or solicits complete or partial payment outside of the Services during the Exclusivity Period is a violation of these Terms. Should a Client or Instructor be found in violation of this Section, he, she, or it will owe Skillective an amount with respect to each violation equal to the greater of (i) ten thousand dollars ($10,000.00); or (ii) the applicable fees had the payments been processed through the Services, plus twenty percent (20%).

8. Payments

Payment Process. Payment will be processed as soon as the Instructor accepts the client’s requested lesson. The full payment will be held in escrow by Skillective and will be made available, less any service or other fess, to instructor 2 hours after the time slot has ended.  Clients may submit disputes over payment to admin@Skillective.com. However, once 24 hours has passed, the charges are accepted by the Client and can no longer be disputed through the Services and can only be refunded by the Instructor.

Authorization. By agreeing to these terms, Clients are giving Skillective permission to charge the credit card, bank account, pay-pal, Venmo, apple pay, google pay or any other approved method of payment associated with the Client’s account for fees associated with the Client’s use of the Services, including the full amount owed to any Instructor, as well as any fees due to Skillective.

Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Services. By a Client’s use of the Services, that Client agrees to pay the Instructor the amount agreed or reflected for the desired time slot. Clients shall be responsible for providing Skillective with a valid means of payment.

Skillective’s Responsibility. Skillective agrees to present a Client using the Services with a full breakdown of each charge in advance of requesting the booking. Only after both the client and Instructor’s approval will the payment be charged for payment. Skillective agrees to pay the applicable Instructor the amount received, less Skillective’s fees and additional fees if any.

Skillective’s Service Fee. The Service Fee shall be retained by Skillective prior to remitting payments to Instructors’ accounts.

Client Failure to Pay. If a Client fails to pay amounts due under these Terms, whether by cancelling the credit card associated with the Client’s account, initiating an improper chargeback, or any other means, Client's Skillective account will be suspended, no additional payments will be processed, and any work-in-progress may be stopped. Without limiting other available remedies, Client must reimburse Skillective for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys' fees and other costs of collection as allowed by law. In its discretion, Skillective may setoff amounts due against other amounts received from or held for the Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

9. Rights and Restrictions

Our Rights. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on our website or in connection with the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request; enforce these Terms, including investigation of potential violations of the Terms; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; or protect the rights, property or safety of Skillective, its users, the users of the Services and the public.

Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: 

  • In any way 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);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • To impersonate or attempt to impersonate Skillective, a Skillective employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Skillective or users of the Services or expose them to liability.

Additionally, you agree not to: 

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Services;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Services.

10. Intellectual Property Rights

Our Rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Skillective and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Skillective grants no right to you to use the Skillective name or any of the Skillective trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Skillective, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Your Rights. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

Copyrights. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged or which we believe to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Skillective will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: 

Skillective

ATTN: Copyright Agent

5708 Melshire Dr

Dallas, Texas 75230

copyright@Skillective.com

11. Confidentiality on the Services

Each Instructor acknowledges that, in the course of communications with a Client in connection with the consideration of lessons through the Services, Instructor may come into possession of business information or other confidential or proprietary information of such Client (“Confidential Information”). Instructor agrees that the Confidential Information is the sole property of such Client and further agrees to treat all such Confidential Information as confidential and will not disclose such information to third parties before, during and/or after the term of the lesson except with Client's written approval, and only to the extent necessary to perform through the Services. The obligations of this Section also apply to Instructor's employees, agents, and subcontractors and Instructor shall be responsible for those parties’ compliance and liable for any non-compliance by such parties. At the termination of the Project, Instructor shall promptly return to Client, or certify destruction of, all copies of Confidential Information furnished by Client and all material prepared for or in connection with the Project in the possession of Instructor and/or Instructor’s employees, agents, and subcontractors. This obligation of confidentiality shall survive completion of the Project.

12. Dispute Resolution

While Skillective is not a party to the dealings between Instructors and Clients, we benefit as a third-party from the covenants and agreements they make. As such, we offer assistance in resolving disputes related to such agreements. Dispute mediation through Skillective is informal and does not result in binding legal judgments. In the event either party refuses to comply with a Skillective dispute resolution recommendation, both parties are free to pursue any and all legal actions and remedies available.

13. Termination

You may end your legal agreement with Skillective at any time for any reason by sending an email request to admin@Skillective.com to deactivate your account. You do not need to specifically inform Skillective when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. If we suspend or terminate your account, we will make reasonable efforts to notify you by email to the email address associated with your account or the next time you attempt to access your account.

Any provision or partial provision, such as the provisions regarding the payment of fees, which by its nature would reasonably survive the termination of these Terms shall survive termination.

14. Disclaimers, Limitations of Liability and Indemnity

Please read this section carefully since it limits the liability of Skillective and its affiliates, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Skillective Entities”). Each of the subsections below only applies to each circumstance and each party relevant to such circumstance up to the maximum extent applicable to such circumstance and such party permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this Section may not fully apply to you or any particular circumstance. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited you under law applicable to you.

The Services are Available “AS-IS.” Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SKILLECTIVE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Skillective Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our website, the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our website, the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether our website or the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Skillective Entities or through the Services, will create any warranty not expressly made herein.

Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that the Skillective Entities are not responsible or liable in any way in respect of any such websites or resources, including, without limitation, for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Skillective Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SKILLECTIVE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR IN RESPECT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OR IN CONNECTION WITH THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SKILLECTIVE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SKILLECTIVE, IF ANY, IN THE LAST SIX MONTHS OF SERVICES WHICH ARE THE SUBJECT OF ANY CLAIM OF SUCH LIABILITY.

THE LIMITATIONS OF LIABILITY OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OR OTHERWISE, AND WHETHER OR NOT THE SKILLECTIVE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Skillective May Order and Use Background Screenings About You

By registering for and using the Site or Services as a client or instructor, you hereby acknowledge and agree that skillective.com has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users ("Preliminary Membership Screens"). Subject to certain additional disclosures and authorizations, if applicable to you as a Skillective user, skillective.com may order these screenings when you register with Skillective.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by opening available time slots, communicating with other members, posting or updating a profile, ordering or authorizing a Background Check, etc.).

These Internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered "consumer reports" under FCRA.

You understand and agree that Skillective.com may review the information provided by the third-party consumer reporting agency and that Skillective.com retains the right to terminate your Skillective.com registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Skillective.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Skillective.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Skillective.com) within the time period specified in your notice. Notwithstanding this, you agree that skillective.com is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.

BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A CLIENT OR INSTRUCTOR, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW SKILLECTIVE.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SKILLECTIVE.COM.

Indemnity. You agree to defend, hold harmless and indemnify the Skillective Entities from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by the Skillective Entities arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against the Skillective Entities: (i) in connection with your use of our website or the Services, including any payment obligations incurred through use of the Services; or (ii) resulting from: (A) your use of the Services; (B) your decision to hire an Instructor through the Services; (C) any breach of contract or other claims made by other users of the Services with whom you conducted business through the Services; (D) your breach of any provision of these Terms; (E) any liability for taxes or the tax treatment of payments or any portion thereof in connection with your use of the Services or your provision of services; (F) your dispute of or failure to pay any invoice or make any other payment; or (G) your obligations to a Client or an Instructor, including payment obligations.

Each Client using the Services agrees to agree to defend, hold harmless and indemnify the Skillective Entities from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by the Skillective Entities arising from or related to any cause of action, claim, suit, proceeding, demand or action related to obligations or purported obligations as an employer to any Instructor with whom such Client interacts or engages through Skillective or otherwise under the Services brought by any Instructor or any other party (including any government agency or regulator).

15. Miscellaneous Terms

Entire Agreement, Amendments, and Third-Party Beneficiaries. These Terms and our Privacy Policy (collectively, this “Agreement”) are the entire and exclusive agreement between Skillective and you regarding the Services (excluding any services for which you have a separate agreement with Skillective that is explicitly in addition to or in place of this Agreement), and this Agreement supersedes and replaces any prior agreements between Skillective and you and any other relevant parties regarding the Services. This Agreement may not be modified or amended except by a written instrument executed by Skillective and the relevant other party or parties. No other person or entity will be third party beneficiaries to this Agreement.

Waiver and Severability. The failure of Skillective to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary for it to be valid and enforceable, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or of your state or country of residence which might cause the laws of your state or country (other than Texas) to apply. All claims, legal proceedings or litigation arising in connection with our website, the Services or other activities of or claims against Skillective will be brought solely and exclusively in the federal or state courts located in Dallas County, Texas, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such United States federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Headings. The headings herein are for convenience only and are not part of this Agreement.

No Employment, Agency, Partnership, or Joint Venture. This Agreement and any registration for or use of our website will not be construed as creating or implying any relationship of employment, agency, franchise, partnership or joint venture between you and Skillective.

Force Majeure. No party shall be liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including without limitation fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment, software or material required for such party to perform its obligations hereunder.

16. California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Pricing Information. Current rates for our services may be obtained by calling us at (214) 783-5843, by sending an email to admin@Skillective.com. We reserve the right to change fees, impose or change surcharges, impose or change monthly or other periodic subscription fees or to institute new fees at any time as provided in these Terms.

Complaints. 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, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Updates to Our Terms of Service

We may revise these Terms or our Privacy Policy from time to time. The most current version of the Terms will govern your use of the Services and will always be at https://www.Skillective.com/termsofuse. If we make a change to these Terms that, in our sole discretion, is material, we will notify you via a prominent notice on our website or through the Services or email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.

The Services are operated and provided by Social Hire LLC D.B.A Skillective, 5708 Melshire Dr, Dallas, Texas 75244. If you have any questions about the Terms, please contact us at admin@TheSkillective.com.

For previous versions of these Terms, please contact us at admin@Skillective.com.