Terms of Use

Last Modified: May 20, 2023

1. Introduction

These Terms of Use govern your use of skillbars.com and linked pages (including but not limited to app.skillbars.com) hereinafter the "Website"; By using the Website, you accept these Terms of Use in full and agree to be bound, without limitation or qualification, by these Terms which form part of your contract with us to provide the Website and related services including any digital content or features made available on the Website (our "Products") to you. If you disagree with these Terms of Use or any part of these Terms of Use, please do not create an account or access or use the Website.

We make no claims or representations in relation to the emotional, health, or commercial benefits of using our Products, and the information provided on the Website is no substitute for professional psychological, medical, or psychiatric advice where applicable. If you are concerned about health or mental well-being issues, you are advised to consult your doctor. Your use of the Website is at your own risk. If you are dissatisfied with any of the Content or other materials on the Website or with these Terms of Use, your sole remedy is to discontinue the use of the Website.

You must be over the age of 18 years to use the Website and purchase our Products.

The official text is the English version of the Website. Any discrepancies or differences created in the translation to other languages are not binding and have no legal effect for any purpose. If any questions arise related to the accuracy of the information contained in non-English versions of the Website, please refer to the English version of the Website, which the official version is.

The Website uses cookies. By using the Website and agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

Please note that these Terms and Conditions of Use and Privacy Policy may be amended from time to time. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. Notification of any changes will be made by posting new terms on the Website. In continuing to use the Website, you confirm that you accept the then-current terms and conditions in full at the time you use the Website.

2. Privacy

Please review our Privacy Statement at skillbars.com/privacy-policy, which also governs your visit to our Website, to understand our practices.

3. Registration

You can access many areas of the Website without registering, but if you wish to view certain content or access certain services, you may be required to register with the Website.

When you register with the Website, we will ask you for certain personal information. Any personal information that you provide to us will be handled in accordance with our Privacy Policy.

If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account, we may suspend your account. Until we have reactivated your account, you may not be able to access certain parts of the Website.

You agree that all personal information you supply to us will be accurate, complete, and always kept up to date. We may use the information provided to us to contact you.

We reserve the right to cancel any registration at any time and for any reason.

4. Assessments

Our Products are provided for information and entertainment purposes only and for no other purpose.

Our Products should not be regarded as or relied upon as being a comprehensive opinion or assessment concerning your job performance, job status, career standing, professional abilities, or psychological well-being. Any decisions that you make while completing the Assessments, reading the content, listening to the audio recordings, or consuming any information from our Products are for you alone, and we will not be liable for the consequences of any such decisions.

5. Purchase of Digital Content

There will be no contract of any kind between you and us unless and until we actually take payment from you. At any point up until then, we may decline to supply the goods or digital content to you without giving any reason. If we take payment and subsequently fail to dispatch the goods or make the digital content available to you for any reason, we will refund you in full.

The prices are payable for the items that your purchase is clearly displayed on the Website.

We may change our fees at any time by posting new fees on our Website.

All prices shown are in U.S. dollars ($USD) unless specified otherwise and are subject to applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions (whether such exactions are imposed directly upon you or upon the SkillBars, LLC, company)(“Taxes") imposed on transactions you make on the Website. “Taxes" do not include any taxes that are imposed on or measured by the net income of SkillBars, LLC.

Payments are made through the Website electronically using Stripe, and are subject to Stripe's terms and conditions, which can be found here. Payment for Products must be paid upfront through Stripe unless you have a separate, written agreement with us allowing for another arrangement. If you are set up to order Products via purchase order, then all payments shall be made payable to Skillbars, LLC in U.S. Dollars and payments are due thirty (30) days from the invoice date. Our Products will be made available to your company once the full payment (including applicable taxes) has been received.

6. Refund Policy

All purchases made of Products on the Website are final, and refunds will not be issued.

7. Intellectual Property

Your use of the Website and associated Products may involve the use of our intellectual property, and your use of that intellectual property is subject to these Terms of Use. You acknowledge and agree that SkillBars, LLC is the sole and exclusive owner of all Products and works, and other content on the Website, as well as the Website itself (and their accompanying intellectual property rights) (collectively, “Intellectual Property"). All content associated with this Website, including but not limited to text, articles, images, diagrams, software, assessments, SkillCards, photographs, graphics, illustrations, artwork, video, audio, transcripts, names, logos, trademarks, service marks, and other material (collectively, the "Content"), is protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by SkillBars, LLC, and content owned or controlled by third parties and licensed to SkillBars, LLC. SkillBars reserves all rights, title, and interest in and to our Intellectual Property, and these Terms of Use do not transfer any rights to you. Subject to the license below, all these intellectual property rights are exclusively reserved.

SkillBars does not claim ownership of the content you or other users provide, post, upload, input, or submit to the Website. However, by posting or submitting content to the Website, you are granting the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the Website.

8. License to Use Website

The Website provides you with the ability to use or purchase licenses to deliver digital Products to yourself or other individuals. Your use of these Products is limited by the Terms of Use. You agree not to infringe any of our intellectual property rights in any Products licensed to you under these Terms of Use. Your license to Products is limited to those you have duly purchased or were purchased for you and in all circumstances is non-exclusive, non-transferable, non-sublicensable, non-shareable, and effective only for the duration that your Account remains active and in good standing.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

Unless as explicitly indicated on the Website, you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written and notarized permission of SkillBars, LLC.

Without prior consent from us you must not:

reproduce, translate, and/or reverse engineer material from this Website (including republication on another Website or other reproduction or communication of our Products or Content without consent);
sell, rent, lease, resell, sub-license, or otherwise distribute in any manner any material or Products from the Website not specifically anticipated by these Terms of Use and otherwise authorized by us;
communicate any purchased Products from the Website to the public;
reproduce, duplicate, copy, or otherwise exploit material, Content, or Products on our Website for a commercial purpose or profit;
edit or otherwise modify any material, Content, or Products on the Website not specifically anticipated by these Terms of Use and otherwise authorized by us; or
redistribute material, Content, or Products from this Website except for content specifically and expressly made available for redistribution.

If you breach these Terms of Use, any license you may have to Products is automatically and immediately revoked and terminated as of the time of your breach.

9. Acceptable Use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent. You must not infringe the intellectual property rights in any digital Content or Products that are sold through the Website.

You must not use the Website for any purposes related to marketing without our express written consent.

You must not share your access credentials with other individuals.

You are solely responsible for any content that you publish in relation to the Website, including your first name, your last name, your title, your photo, your organization name, your organizational unit label, your playlist’s name, or your playlist’s description. In this regard, you must not use a first name, last name, title, photo, organization name, organization unit label, playlist name, or playlist description that includes:

Anything inaccurate, defamatory, abusive, obscene, offensive, profane, sexually-oriented, threatening, harassing, or racially offensive;
Anything that promotes any false or misleading information to users;
Anything which involves or encourages illegal activities; or
Anything that impersonates another person

If you violate any of these Terms, your permission to use the Website, Products, or Content automatically terminates, and you must immediately destroy any copies you have made of the Website, Products, or Content.

10. Notice and Takedown

We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information.

In the event that you believe that any content on the Website is defamatory or infringes on intellectual property rights, you should notify us in writing by email to support@skillbars.com, including the following:

Your full name and contact details, including postal address, telephone number, and e-mail address;
The exact URL at which the defamatory or infringing content appears;
The content that you believe is defamatory or infringing on intellectual property rights;
The reasons that you believe the content is defamatory or infringing on intellectual property rights;
A statement confirming that you are authorized to act on behalf of the claimant or rights holders; and
A signed declaration of truth in respect of the information in the notice.

Any statement made under clause 10 may be used in court proceedings.

11. Terms and Termination

Certain Products may be time-bound, and you understand and agree that your access to such Products will be limited to the time periods set forth on the Website; access periods may not be modified, postponed, or otherwise adjusted after purchase. You may not alter or modify any Products or reproduce Products in quantities beyond those specifically licensed to you.

Your use of the Website, Products, and Content is governed by these Terms of Use from the moment you register your Account and remain in effect (as updated from time to time by us) for as long as your Account remains active and in good standing. If your time-bound product expires, then you will immediately lose all access to your data and all portions of the site requiring a valid, non-expired Product. You may re-access the Content by purchasing a product to extend access as indicated on the Website within 30 days of expiration.

If your Account terminates for any reason, then: (i) you will immediately lose all access to your Account and portions of the Website requiring an Account; (ii) you will immediately stop making use of our Intellectual Property and Products that are no longer licensed to you; and (iii) you will not receive any refunds for any account credits, unused inventory, or pre-purchased Products that you have not redeemed prior to such termination, nor for any unused portion of any subscription-based Products you may have accessed.

12. Unsolicited Idea Submissions

We do not accept or consider unsolicited ideas, including but not limited to creative proposals, ideas for new, enhanced, or improved products, technologies or services, marketing campaigns, promotions, processes, materials, artwork, plans, strategies, theories, or product names. Please do not submit any unsolicited ideas, articles, original creative artwork, suggestions, or other works in any form to us.

The sole purpose of this section is to simply avoid potential disputes when our products, website content, or business strategies might seem similar to unsolicited ideas submitted to us. If, despite our request that you do not send us any ideas or suggestions, you still choose to submit them, then regardless of what your letter, comment, e-mail, or any other form of communication says, you agree and understand that the following terms will apply to your submissions:

your submissions will automatically become our sole property, without any compensation to you, and we will have no obligation of any kind to you or anyone else with respect to your submissions;
we will be free to use or redistribute the submissions in any way and for any purpose, including but not limited to developing, acquiring or advertising products or services competitive with those mentioned by you;
there will be no obligation for us to review your submissions or develop your ideas;
no confidential relationship or obligation of secrecy will be created between you and us by your submission and its consideration by us - everything you submit shall be deemed to be non-confidential and non-proprietary. We shall be free to use any information you submit on an unrestricted basis, whether or not we were working on similar ideas, products or technology prior to receiving your submission.

We do welcome your feedback - if you want to send it to us, email support@skillbars.com. However, please do not include any ideas that this policy will not permit us to accept or consider.

13. Limited Warranties

The Website and its contents are provided on an 'as is’ basis, and we reserve the right to suspend the Website and our provision of any services at any time without notice. SkillBars, LLC to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to warranties of title, fitness for a particular purpose, merchantability, and non-infringement of proprietary or third-party rights. SkillBars, LLC makes no warranties or representations about the accuracy, reliability, completeness, currentness, or timeliness of the Content or other communications provided on or through the use of the Website or by SkillBars.

SkillBars, LLC does not warrant that the Website will operate error-free or that the Website or its server is free of computer viruses or other harmful items. If your use of the Website or the Content results in the need for servicing or replacing equipment or data, SkillBars, LLC is not responsible and shall not be liable for those costs.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill). Where you use the Website or the Products you confirm that you are solely responsible for any actions or decisions made as a result of such use.

Nothing in this Website, Content, or our Products should be construed as medical or psychological advice. All materials are for informational purposes only.

Where the Website contains links to third-party websites, we make no representation in relation to the content contained on third-party websites, and you agree to use these websites at your own risk. We will not form part of any agreement or contract with any third-party website you visit through our website.

14. Limitations and Exclusions of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR OTHER MATERIALS ON THE WEBSITE OR WITH THESE TERMS OF USE, OR OTHER SKILLBARS, LLC POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

IN NO EVENT SHALL SKILLBARS, LLC BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, EXEMPLARY, OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKILLBARS, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU USE OUR PRODUCTS IN ANY BUSINESS, EMPLOYMENT, OR RECRUITMENT CONTEXT AT YOUR OWN RISK. IN PARTICULAR, TO THE EXTENT THAT YOU USE OUR PRODUCTS FOR BUSINESS USE, WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL. WE WILL NOT BE LIABLE FOR ANY COMMERCIAL OR HUMAN RESOURCES DECISIONS MADE IN CONNECTION WITH THE USE OF OUR PRODUCTS, NOR WILL WE BE LIABLE FOR ANY CONSEQUENTIAL LIABILITY IN RELATION TO EMPLOYMENT DISPUTES, INCLUDING BUT NOT LIMITED TO WRONGFUL AND UNFAIR DISMISSAL. WE PROVIDE INFORMATION AND MATERIALS RELATING TO PROFESSIONAL DEVELOPMENT. THIS INFORMATION CANNOT PROVIDE (AND IS NOT INTENDED TO PROVIDE) COMPREHENSIVE COVERAGE OF THE RELEVANT ISSUES. OUR CONTENT SHOULD ALWAYS BE USED IN CONJUNCTION WITH OTHER INFORMATION, ADVICE, AND TRAINING.

YOU SHOULD ENSURE THAT ANY DECISIONS MADE OR IMPLEMENTED BY YOU AFTER CONSUMING OUR CONTENT OR MATERIALS ARE MADE TAKING INTO ACCOUNT OTHER FACTORS (APART FROM THE INFORMATION WE PROVIDE) OF WHICH YOU AND YOUR ADVISERS SHOULD BE AWARE INCLUDING MEDICAL ADVICE AND YOU SHOULD ENSURE THAT YOU HAVE CONSULTED RELEVANT PROFESSIONALS.

WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY EMOTIONAL OR MENTAL DISTRESS IN CONNECTION WITH USING OUR WEBSITE, CONTENT, OR PRODUCTS.

WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE.

WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU ON THE BASIS OF INFORMATION PROVIDED ON OR VIA THE WEBSITE ARE AT YOUR SOLE DISCRETION AND RISK. YOU SHOULD OBTAIN PROFESSIONAL ADVICE WHERE NECESSARY.

15. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us on a full indemnity basis arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

16. Breaches of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website, terminating your account without penalty by providing notice to you and/or bringing court proceedings against you.

17. Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of the Website from the date of publication of the revised terms of use on the Website.

18. Assignment

We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms of Use.

19. Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Exclusion of Third-Party Rights

These Terms of Use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

21. Entire Agreement

These Terms of Use, together with our privacy and refund policies, constitute the entire agreement between you and us in relation to your use of the Website and supersede all previous agreements in respect of your use of the Website. These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between you and SkillBars, LLC; we are independent contractors.

22. Law and Jurisdiction

These Terms of Use will be governed by the internal laws of the State of Georgia, U.S.A., and construed in accordance with U.S. law. You hereby consent to the exclusive venue of courts in Georgia, U.S.A. in all disputes relating to these Terms of Use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use including, without limitation, this paragraph.

23. Our Details

The full name of our company is SkillBars, LLC.

If you have any concerns or grievances, you can contact us by email at support@skillbars.com.