Skyfarer Academy

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Terms of Service

Last Updated August 26, 2024

Welcome to Skyfarer Academy

Skyfarer Academy, Corp. (“Skyfarer Academy,” “we,” “us,” “our”) provides its services (described below) to you through its website located at skyfareracademy.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

Please be advised: These Terms of Service contain provisions that govern how claims between you and Skyfarer Academy can be brought (SEE THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION BELOW). These provisions will, with limited exception, require you to: 1) waive your right to a jury trial, and 2) submit claims you have against Skyfarer Academy to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and 3) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. Please review The Dispute Resolution by Binding Arbitration section (below) for further details and your options.

When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Content Policy, and Help Center. All such terms are hereby incorporated by reference into these Terms of Service.

The Services consist of an online marketplace and platform through which Instructors may offer Training Sessions for sale to Students, and Students may purchase such Training Sessions for their benefit. While Skyfarer Academy strives to high standards of service, you acknowledge and agree that: (1) Skyfarer Academy is not a party to any agreements entered into between Instructors and Students, (2) Skyfarer Academy only provides certain tools to facilitate the purchase, sale, and provision of Training Sessions, (3) Students contract for Training Sessions directly with Instructors, who are independent contractors and not employees, agents, or representatives of Skyfarer Academy, (4) Skyfarer Academy is not a broker, agent (except as expressly set forth below) or insurer, and (5) Skyfarer Academy disclaims all liability for the conduct of Instructors, Students, or any other Users of the Site or Training Sessions. Different sections of the Site and Terms of Service affect Instructors and Students differently, so please be sure to read these Terms of Service carefully.

Key Terms

  • User “you” or “your” means a person, organization, or entity using the Services, including Students and Instructors. Student(s) means a person who completes Skyfarer Academy’s account registration process to purchase Training Sessions on the Site.
  • Instructor(s) means a person who completes Skyfarer Academy’s account registration process to sell Training Sessions on the Site, or an organization that executes an agreement with Skyfarer Academy to sell Training Sessions on the Site.
  • Training Session(s) means any online class(es) submitted by an Instructor for sale on the Site.

Access and Use of the Service

Services Description: Skyfarer Academy’s Service is an online marketplace for aviation training, designed for Students to find and book Training Sessions for their benefit, and for Instructors to market, sell, and conduct their Training Sessions. As the provider of an online marketplace, Skyfarer Academy does not own, create, sell, resell, control, or manage any Training Sessions. Skyfarer Academy's responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Training Sessions, and (ii) serving as the limited agent of each Instructor for the purpose of accepting payments from a Student on behalf of the Instructor. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Skyfarer Academy strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Skyfarer Academy. Skyfarer Academy does not control the behavior of Users or the quality of the Training Sessions. As a result, Skyfarer Academy cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Training Sessions.

Your Registration Obligations: You will be required to register with Skyfarer Academy in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child's use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.

Member Account, Password, and Security You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Skyfarer Academy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Skyfarer Academy will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Skyfarer Academy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Skyfarer Academy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Skyfarer Academy may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Skyfarer Academy’s servers on your behalf. You agree that Skyfarer Academy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Skyfarer Academy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Skyfarer Academy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Certain Instructor Obligations

Marketplace Basics: As an Instructor, you must provide Skyfarer Academy with the necessary information to list your Training Sessions through our Services. This includes, but is not limited to, a detailed description of the Training Sessions and the pricing. Skyfarer Academy reserves the right to edit descriptions to conform to marketplace standards and to accept or reject any Training Sessions at our sole discretion. Additionally, we may conduct background checks and interviews, requiring your written and/or electronic consent to such processes.

Community Standards: By joining the Skyfarer Academy community, you agree to follow our policies, including maintaining professional communications, modeling appropriate behavior, and acting in a professional manner. Inappropriate behavior in any Skyfarer Academy-affiliated forum includes, but is not limited to, behavior intended to provoke, bully, demean, or cause harm to others, sharing private material or information, and any posts that may be harmful to our ongoing business operations.

Instructor Responsibilities: Instructors are solely responsible for obtaining all necessary licenses and permissions required to offer any Training Sessions. Skyfarer Academy assumes no responsibility for an Instructor’s failure to comply with applicable laws, rules, or regulations.

You understand and agree that Skyfarer Academy is not an insurer, agent, or employer for you as an Instructor. If a Student purchases any of your Training Sessions, the agreement is between you and the Student, with Skyfarer Academy acting as your limited payment collection agent for accepting payments on your behalf. Instructors are responsible for their own actions and omissions while using the Services. With the exception of students enrolled in the applicable Training Session and their parents, Instructors are prohibited from sharing any Training Session Recordings made available by Skyfarer Academy.

To the extent that you are using the Services as an Instructor, you agree to abide by the terms outlined in our Help Center.

Payment Terms

General: Students agree to pay all applicable fees for Training Sessions as set forth on the Site. These Enrollment Fees are payable in the specified currency at the time of purchase. Students authorize Skyfarer Academy to bill their payment instrument upon purchase confirmation and agree to pay any charges incurred. Disputes regarding charges must be communicated within sixty (60) days.

Instructor Payment

Skyfarer Academy will transfer the Enrollment Fees to the Instructor’s account within a reasonable period, minus our service fees (“Skyfarer Fee”). Instructors must sign up for a payment account to receive funds. Skyfarer Academy reserves the right to act on behalf of the Student and not transfer fees if the Training Sessions were not provided as expected. All refund decisions made by Skyfarer Academy are final and binding.

Limited Payment Collection Agent: Each Instructor appoints Skyfarer Academy as their limited payment collection agent for the sole purpose of accepting Enrollment Fees from Students. Payment to Skyfarer Academy as the limited agent will be considered the same as payment made directly to the Instructor. Skyfarer Academy agrees to facilitate the payment of Enrollment Fees (less the Skyfarer Fee) unless otherwise agreed.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Skyfarer Academy. Skyfarer Academy reserves the right to investigate and take appropriate legal action against anyone who, in Skyfarer Academy's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Skyfarer Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Skyfarer Academy or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone in violation of our Privacy Policy;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software and data transmission associated with the Service are subject to United States export controls. Downloading or using such software is at your sole risk.

Commercial Use: Unless expressly authorized, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Service.

By adhering to these terms, you help us maintain a high standard of service and a respectful, professional community at Skyfarer Academy.

Intellectual Property Rights

Service Content, Software, and Trademarks You acknowledge that the Service contains content or features (“Service Content”) protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Skyfarer Academy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. For clarity, you acknowledge that Training Session Recordings constitute Service Content, not User Content. You agree not to engage in data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked from accessing the Service, you agree not to circumvent such blocking. Any unauthorized use of the Service or Service Content is strictly prohibited. The technology and software underlying the Service are the property of Skyfarer Academy, our affiliates, and our partners (“Software”). You agree not to copy, modify, create derivative works from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or transfer any right in the Software. All rights not expressly granted herein are reserved by Skyfarer Academy.

The Skyfarer Academy name and logos are trademarks and service marks of Skyfarer Academy (collectively, the “Skyfarer Academy Trademarks”). Other product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Skyfarer Academy. You should not interpret anything in these Terms of Service or the Service to mean that Skyfarer Academy is giving you any license or right to use any Skyfarer Academy Trademarks displayed on the Service, without our prior written permission. All goodwill generated from the use of Skyfarer Academy Trademarks is only for Skyfarer Academy’s exclusive benefit.

Third-Party Material: Skyfarer Academy is not liable for any third-party content or materials, including any errors or omissions or any loss or damage incurred from the use of such content. Skyfarer Academy may, but is not obligated to, pre-screen content, and has the right to remove any content that violates these Terms of Service or is otherwise objectionable. You agree to evaluate and bear all risks associated with the use of any content.

User Content Transmitted Through the Service: With respect to content or materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, titles, and interests in such User Content. You retain any intellectual property rights you hold in your User Content, and Skyfarer Academy does not claim ownership over your User Content. By submitting, posting, or uploading User Content on or through the Services, you grant Skyfarer Academy a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license to:

  • Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or incorporate it in other works in any form, media, or technology for any legal business purpose.
  • Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content for the sole purpose of enabling Skyfarer Academy to provide you with the Services.

You agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to Skyfarer Academy are non-confidential and Skyfarer Academy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose without acknowledgment or compensation to you.

Skyfarer Academy may preserve content and disclose it if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, respond to claims that content violates the rights of third parties, or protect the rights, property, or personal safety of Skyfarer Academy, its users, and the public.

Copyright Complaints: Skyfarer Academy respects the intellectual property of others and asks our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been violated, notify Skyfarer Academy of your infringement claim in accordance with the procedure set forth below.

Skyfarer Academy will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Notifications of claimed copyright infringement should be emailed to Skyfarer Academy’s Copyright Agent at support@skyfareracademy.com (Subject line: “DMCA Takedown Request”)

To be processed, the notification must be in writing and contain:

  • A description and proof of ownership of the copyright or other intellectual property interest.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed including a specific link to the alleged infringed content.
  • Your address, telephone number, and email address.
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Third-Party Websites

The Service may provide links or access to other sites and resources on the Internet. Skyfarer Academy has no control over such sites and resources and is not responsible for and does not endorse them. You acknowledge that Skyfarer Academy will not be responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Skyfarer Academy is not liable for any loss or claim you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By integrating these Social Networking Services into the Service, we aim to enhance your online experience. To utilize these features, we may request you to authenticate, register, or log into Social Networking Services on the websites of their respective providers. Through this integration, these Social Networking Services will provide us with access to certain information that you have provided, which we will use, store, and disclose in accordance with our Privacy Policy. For more details on the implications of using these services and how we manage your data, please refer to our Privacy Policy. Note that the manner in which Social Networking Services use, store, and disclose your information is governed solely by their policies, and Skyfarer Academy holds no liability for the privacy practices or other actions of any third-party site or service enabled within the Service.

Furthermore, Skyfarer Academy is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. We provide these features merely as a convenience, and their inclusion does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify, and hold Skyfarer Academy and its affiliates, officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKYFARER ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SKYFARER ACADEMY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU ACKNOWLEDGE AND AGREE THAT ANY BACKGROUND CHECKS CONDUCTED BY SKYFARER ACADEMY ON INSTRUCTORS ARE SOLELY FOR ITS OWN BENEFIT. SKYFARER ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKYFARER ACADEMY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SKYFARER ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SKYFARER ACADEMY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SKYFARER ACADEMY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution By Binding Arbitration

Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Skyfarer Academy, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Skyfarer Academy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND SKYFARER ACADEMY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS AGREED TO BY SKYFARER ACADEMY, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, ONE (1) ARBITRATOR MAY BE APPOINTED TO OVERSEE CONSOLIDATED CLAIMS BROUGHT BY MORE THAN ONE PERSON OR PARTY. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.

Pre-Arbitration Dispute Resolution: Skyfarer Academy is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@skyfareracademy.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Skyfarer Academy should be sent to Skyfarer Academy, Inc., 251 Little Fals Drive, Wilmington, New Castle County, Delaware 19808 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Skyfarer Academy and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Skyfarer Academy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Skyfarer Academy or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Skyfarer Academy is entitled.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website at https://www.adr.org/. Details about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page at https://www.adr.org/consumer. If any term of the AAA Rules conflicts with this Arbitration Agreement, the terms of this Arbitration Agreement will control, unless the arbitrator determines that applying the conflicting terms would result in an unfair arbitration.

The arbitrator must follow these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues related to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. The arbitrator's decision is enforceable in court and may be overturned by a court only for very limited reasons.

Unless Skyfarer Academy and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties, considering their ability to travel and other pertinent circumstances. If the parties cannot agree on a location, the determination will be made by the AAA. If your claim is for $10,000 or less, Skyfarer Academy agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner of arbitration, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, including any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a valid and enforceable term or provision that most closely reflects the original intent, and the Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Opt Out: You have a limited right to opt out of this Arbitration Agreement. Specifically, if you are a new user of our Services, you can opt out within 30 days after first accepting the Terms of Service during the account creation process. To opt out, you must send a timely email to arbitration@skyfareracademy.com with your name, the email address for your account, your username, and a request to opt out of arbitration. If you validly opt out, neither Skyfarer Academy nor you will be required to arbitrate, but the other terms of the Terms of Service will still apply.

Future Changes to Arbitration Agreement: If Skyfarer Academy makes any future changes to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree to arbitrate any dispute between us according to the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Skyfarer Academy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Skyfarer Academy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Skyfarer Academy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Skyfarer Academy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Skyfarer Academy will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Skyfarer Academy will have no liability or responsibility with respect thereto.

Skyfarer Academy reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Skyfarer Academy and govern your use of the Service, superseding any prior agreements between you and Skyfarer Academy with respect to the Service. You may also be subject to additional terms and conditions when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Skyfarer Academy agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Skyfarer Academy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Skyfarer Academy, but Skyfarer Academy may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Skyfarer Academy, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Skyfarer Academy, Inc., 251 Little Falls Drive, Wilmington, DE 19808 or by telephone at ‪(971) 415-0339‬.

Questions? Concerns? Suggestions?

Please contact us at support@skyfareracademy.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.