Welcome to Skillnosh, the e-learning marketplace for the global frum community. Our mission is to make education and inspiration easily accessible without compromising on Torah values. To create a supportive, effective, and harmonious platform, we have set out important Trust & Safety Guidelines on Skillnosh. We recommend you read this entire legal document in-full as well, since these terms are binding.
1. Acceptable Use & Accounts
To properly utilize this site, you will need to create an account. It is your responsibility to keep your login information, including your password, safe and secure. Do not share your login credentials with anyone. Do not allow multiple users to access your account unless given express permission by Skillnosh. You are solely responsible for any information or content that gets posted under your login credentials and your account will be suspended if inappropriate activity is detected. If you are concerned that someone else is using your account or your security has been breached, please reach out to our support team immediately at firstname.lastname@example.org.
If you are under 18 years of age, you’ll need a parent to create an account for you on Skillnosh.
Security & Passwords
You take full responsibility for maintaining reasonable security precautions for your account. You are solely responsible for protecting and updating any login account provided to you for the Website and Services.
Your account information, including your name, address, and contact details, must stay up-to-date. Please notify us if this information changes, or else you may edit it yourself in your personal Dashboard.
If you forget or misplace your password, you may reset it by clicking the appropriate link on the login screen. If you have any trouble with us, please reach out to us at email@example.com.
2. Use & Activities
You may not use the Website and Services to publish content or engage in activity that is illegal under applicable halacha or law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy, included but not limited to:
– Distributing malware or other malicious code.
– Disclosing sensitive personal information about others.
– Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
– Distributing immoral images or adult related content.
– Promoting or facilitating any practice or perspective that runs counter to Torah, halacha, and hashkafah.
– Hosting, distributing or linking to any kind of content that is harmful to anyone, including adults and/or minors.
– Promoting or facilitating gambling, drinking, violence, terrorist activities or selling weapons or ammunition.
– Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
– Facilitating pyramid schemes or other models intended to seek payments from public actors.
– Threatening harm to persons or property or otherwise harassing behavior.
– Misrepresenting or fraudulently representing products or services.
– Infringing the intellectual property or other proprietary rights of others.
– Facilitating, aiding, or encouraging any of the above activities through the Website and Services.
Any User in violation of the Website and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
– Use or distribution of tools designed for compromising security of the Website and Services.
– Intentionally or negligently transmitting files containing a computer virus or corrupted data.
– Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
– Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
You are entitled to view the content you have purchased as often and for as many times as you would like, in accordance with the terms set out at the time of purchase. You may not allow others to view or access your course without obtaining express permission from Skillnosh.
You may not download any courses, even for non-commercial use.
You may not screen-record any courses, even for non-commercial purposes and even without intention to distribute them.
You may not consume excessive amounts of the resources of the Website and Services or use the Website and Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:
– Deliberate attempts to overload the Website and Services and broadcast attacks (i.e. denial of service attacks).
– Engaging in any other activities that degrade the usability and performance of the Website and Services.
– Sharing your personal account with others, including family members, friends, students, and colleagues and/or giving them access to the courses you have purchased.
No spam policy
You may not use the Website and Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Website and Services in any manner associated with the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Website and Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.
Sending emails through the Website and Services to purchased email lists (“safe lists”) will be treated as SPAM. We may terminate the Service of any User who sends out SPAM with or without notice.
3. Content Enrollment and Access
When you enroll in a course or other content, you get a license from us to view it via the Skillnosh website services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a lifetime access license, except when we must disable the content because of legal or policy reasons or for enrollments via Subscription Plans.
Under our Instructor Terms, when instructors publish content on Skillnosh, they grant Skillnosh the right to offer their content to students. This means that we have the right to sublicense the content to users. As a user, when you purchase a course or other content, whether it’s free or paid content, you are getting a license from Skillnosh to view the content via the Skillnosh platform and Services, and Skillnosh is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on other sites or in other ways).
In legal, more complete terms, Skillnosh grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Skillnosh authorized representative. This also applies to content you can access via any of our APIs.
We generally give a lifetime access license to our students when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Trust & Safety Guidelines (printed below). This lifetime access license does not apply to enrollments via Subscription Plans or to add-on features and services associated with the course or other content you enroll in. For example, instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, the lifetime access is to the course content but not to the instructor.
Instructors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.
3. Content and Behavior Rules
You can only use Skillnosh for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust & Safety Guidelines below, halacha, and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
Defamation and objectionable content
We value the freedom of expression and encourage Users to be respectful with the content they post, however all content must be in-line with Torah halacha and hashkafah as well as menschlichkeit and international law. We reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the Website and Services, as determined in our sole discretion. A user who posts inappropriate content will have their posting privileges revoked indefinitely. All content must adhere to our Trust & Safety Guidelines, which appear below.
Copyrighted material must not be published via the Website and Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we may, at our discretion, run an investigation and, upon confirmation, may remove the infringing material from the Website and Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Website and Services for the removal of any such material.
If you believe your copyright is being infringed by a person or persons using the Website and Services, please get in touch with us to report copyright infringement at firstname.lastname@example.org.
If you are a student, the Services enable you to ask questions to the instructors of courses or other content you are enrolled in, and to post reviews of content. For certain content, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, written below, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Skillnosh complies with copyright laws.
Skillnosh has discretion in enforcing these Terms and our Trust & Safety Guidelines which are written below. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or trademark rights, please let us know immediately at email@example.com.
Skillnosh Trust & Safety Guidelines
Skillnosh is an online courses platform, providing an exciting, accessible way for frum students to learn new information without compromising on their values.
Since we are catering to the frum community, we aim to create an environment that is appropriate for everyone who identifies within the community. For this reason, we try to accommodate the most stringent standards in order to be most inclusive. However, we recognize and welcome the diversity and uniqueness within our global frum community and strive to make this a place where everyone feels at-home.
We ask that you respect the following guidelines while utilizing Skillnosh and in all your interactions with fellow students and instructors on the platform:
- Keep your comments and questions respectful and sensitive. Seek first to understand, then to be understood.
- If you are asking a question of an instructor, please keep it on-topic and relevant. Our teachers try to respond to all comments in a timely fashion but the course comments section is not the place to ask for free advice or to start conversations on other topics.
- If you disagree with another students or an instructor, you may engage in respectful dialogue without putting down another opinion, blaming or shaming.
- Aggressive, inflammatory, or belittling language as well as flaming, trolling, and bullying have no place on Skillnosh and will result in your posting privileges being cancelled. Same goes for the use of bad language and offensive, bigoted, and/or racist words.
- Skillnosh is not the place for religious or political debate.
- Content posted must respect the guidelines of halachah, hashkafah, and tznius. If you need clarification before you post, reach out to us at firstname.lastname@example.org. Inappropriate posts will be removed and you may lose posting privileges.
- Do not steal anyone’s content and do not post anything that violates copyright or is plagiarized from another person without proper attribution. If you’re not sure, ask first.
At Skillnosh, we believe in a beautiful, cohesive community where we all support each other in reaching our goals and bettering our lives. For this reason, it is important to maintain a safe, nurturing environment. If, at any time, you feel threatened, uncomfortable, offended, or unwelcome on Skillnosh, please reach out to us immediately at email@example.com. Someone from our team will investigate the incident and respond right away.
If you see something, say something! While we do our best to maintain standards, we rely on people like you to make sure that everything’s running smoothly.
We believe that when everyone works together to create a harmonious ecosystem, everyone benefits. This includes students and course creators alike. By acting in an above-board, menschlich way you set an example for others and create a ripple effect of good will and trust. Let’s all make Skillnosh a true Kiddush Hashem!
4. Skillnosh’s Rights to Content You Post
You retain ownership of content you post to our platform including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
When you post content, comments, questions, reviews, feedback, and when you submit to us ideas and suggestions for new features or improvements, you authorize Skillnosh to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, 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 your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Skillnosh for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
5. Using Skillnosh at Your Own Risk
Anyone can use Skillnosh to create and publish content and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Skillnosh at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. While we do our best to censor content, Skillnosh has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content. This includes advice about finances, business, and other subjects which carry inherent risk. Skillnosh will not be liable for any loss, discomfort, or failure you sustain due to content you accessed via the website, either through a course you purchased or through comments made by instructor(s) and/or fellow users or students.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
6. Skillnosh’s Rights
We own the Skillnosh platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the Skillnosh platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Skillnosh and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Skillnosh name or any of the Skillnosh trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Skillnosh 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.
You may not do any of the following while accessing or using the Skillnosh platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), Skillnosh’s computer systems, or the technical delivery systems of Skillnosh’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Skillnosh platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Skillnosh); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:
– Suspending or terminating your Service with or without notice upon any violation of any aspect of this Policy. Any violations may also result in the immediate suspension or termination of your account.
– Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Website and Services, as determined by us in our sole discretion.
– Reporting violations to law enforcement as determined by us in our sole discretion.
– A failure to respond to an email from our team about a policy breech within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.
Suspended and terminated User accounts due to violations will not be re-activated.
Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the Website and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
If you have discovered and would like to report a violation of this Policy, please contact us immediately at firstname.lastname@example.org. We will investigate the situation and provide you with full assistance.
Changes and Amendments
We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
If you have any questions, concerns, or complaints regarding this Policy, we encourage you to contact us by sending an email to email@example.com.
8. Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
8.1 Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Skillnosh. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Udemy or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability
There are risks inherent to using our Services, for example, if you access health and wellness content like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Udemy, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5 Governing Law and Jurisdiction
When these Terms mention “Skillnosh,” they’re referring to the Skillnosh entity that you’re contracting with, owned and operated by Masterpiece Enterprises, LLC, a company registered in the State of Delaware.
8.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org).
8.7 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.8 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
8.9 Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with Skillnosh, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Skillnosh).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
9. Dispute Resolution
If there’s a dispute, we are happy to help resolve the issue. In a case where we cannot reach a mutually agreed-upon solution, any disputes with Skillnosh will e resolved solely through the Beis Hora’ah of HaRav Mordechai Goldstein, shlit”a, in Ramat Beit Shemesh, Israel, where each party must personally represent themselves (ie. Without any third party such as a lawyer, Rav/Rebbitzen, toe’ein/es Rabbani, family member) unless in a case where either party is, r”l, deceased in which a non-professional proxy may be appointed. Under no circumstances, unless decided by the beis din, will any disputes be brought to civil court. In cases of civil or criminal violations of US law in the State of Delaware, you may be prosecuted to the full extent of the law. You also waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
9.2 Going to Arbitration
In a case where the beis din specifies that the case must be resolved in secular court, you and Skillnosh agree to resolve any claims related to these Terms through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
9.3 The Arbitration Process
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
9.4 No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section below, if Skillnosh changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Skillnosh written notice of such rejection by mail or hand delivery to Masterpiece Enterprises, LLC, 2472 Dysart Road, University Heights, OH 44118, or by email from the email address associated with your Account to email@example.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Skillnosh in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.
10. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Skillnosh reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.