Skyfarer Academy Terms of Service

Last Updated: March 6, 2025

Skyfarer Academy Corp. (together with its parents, subsidiaries, affiliates, divisions, brands, representatives, officers, and directors, “Skyfarer Academy,” “we,” “us,” or “our,” as the context may require) operates and provides the Skyfarer Academy applications, websites, technologies, facilities, and platform (collectively, the “Skyfarer Academy Platform”).

These Terms of Service (these “Terms”), together with any documents they expressly incorporate by reference, including the Skyfarer Academy Privacy Policy, constitute a legally binding agreement between you and Skyfarer Academy, and govern your access to and use of the Skyfarer Academy Platform. These Terms are entered into by and between you and Skyfarer Academy.

Skyfarer Academy Corp connects individuals ("Students") with aviation experts ("Training Professionals"), including but not limited to Flight Instructors, Flight Schools, and Flying Clubs, for online and offline ("in-person") training sessions, programs, courses, and other aviation-related services (“Training Services”). Students, Training Professionals, and other users of the Skyfarer Academy Platform are referred to collectively as “Members.”

Please read these Terms carefully before you use the Skyfarer Academy Platform. By registering, accessing, or using the Skyfarer Academy Platform, or by clicking “I accept” or “I agree” to the Terms when this option is made available to you, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not visit, access, use, or otherwise interact with the Skyfarer Academy Platform.

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.

Modification

Skyfarer Academy reserves the right to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. When we make material changes to these Terms, we will post the revised Terms on the Skyfarer Academy Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Skyfarer Academy Platform will constitute acceptance of the revised Terms, so please check this page periodically for updates.

Additional Terms and Policies

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.

Eligibility, Training Professional Representations, Warranties, And Use Of The Skyfarer Academy Platform

Access to and use of the Skyfarer Academy Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Skyfarer Academy Platform, you represent and warrant that you meet these requirements.

By registering or using the Skyfarer Academy Platform to offer, post, or provide Training Services, Training Professionals represent and warrant that they, and any employees, agents, suppliers, contractors, or subcontractors who may perform work for them, are properly and fully qualified, experienced, and appropriately licensed, certified, bonded, and insured, as required by applicable laws or regulations relevant to the jurisdiction(s) in which they offer their Training Services. Training Professionals agree to comply with all applicable laws, rules, and regulations, including, but not limited to:

Federal Aviation Administration (FAA) regulations,
Transportation Security Administration (TSA) requirements,
State and local aviation licensing requirements,
Data privacy laws, including the California Consumer Privacy Act and any other applicable privacy laws, and
The Telephone Consumer Protection Act in their use of the Skyfarer Academy Platform and any personal information obtained from the Platform.

Skyfarer Academy does not sell or otherwise provide Training Services. Skyfarer Academy facilitates the connection between Students and Training Professionals, including Flight Instructors, Flight Schools, and Flying Clubs, through the Skyfarer Academy Platform. All Training Services solicited as a result of any such connections are provided by independent Training Professionals without any representation or warranty from Skyfarer Academy other than as expressly provided for herein.

Skyfarer Academy also facilitates Training Service transactions, which facilitation may include displaying Training Professionals, allowing Students and Training Professionals to communicate and send messages to each other, enabling the booking of Training Services, assisting in the selection of a Training Professional for certain Students, and processing payments for Training Services. Students understand that any such facilitation does not constitute a warranty in relation to the Training Services. Training Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Training Services. Students understand that any Training Services they solicit and/or pay for using the Platform are solicited directly from the Training Professional providing such Training Services.

Training Professionals understand and agree that they are customers of Skyfarer Academy, and are not Skyfarer Academy employees, consultants, joint venturers, partners, or agents. You have no authority to bind Skyfarer Academy, and you undertake not to hold yourself out as an employee, agent or authorized representative of Skyfarer Academy. Skyfarer Academy does not direct or control your Training Service, and you agree that you have complete discretion whether and when to provide Training Services, and at what price and on what terms to offer them. You acknowledge and agree that you have complete discretion to provide the Training Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Training Services to other companies, and that Skyfarer Academy does not, and shall not be deemed to, restrict you from engaging in any such activity.

Training Professionals acknowledge that they:

Provide their own resources and materials: This includes but is not limited to aircraft, flight simulators, fuel, equipment, tools, and any other materials necessary to provide their Training Services.
Select their own jobs: Training Professionals have full discretion in choosing the type of Training Services they wish to provide, including flight lessons, ground instruction, and any other aviation-related services.
Develop their own expertise: Training Professionals are solely responsible for maintaining and updating their knowledge, skills, and certifications required to provide their Training Services.
Are free to work on other platforms: Training Professionals are not exclusive to Skyfarer Academy and may provide services through other platforms, lead sources, or offline channels.
Determine their own work schedule and rates: Training Professionals have complete autonomy to set their availability, session duration, location, and pricing for their Training Services.

Skyfarer Academy does not control, and has no right to control, the services a Training Professional provides (including the details of how the Training Professional provides such services) if the Training Professional is engaged by a Student or any other person, except as specifically noted herein or on the Platform.

Skyfarer Academy, as permitted by applicable laws, may obtain reports and any information regarding Training Professionals, which may include verification of aviation certifications and licenses, and validation of professional qualifications, and we may limit, block, suspend, deactivate, or cancel a Training Professional’s account based on the results of such reports, with or without notice. As a Training Professional, you agree and authorize Skyfarer Academy to use your personal information, such as your full name, date of birth, professional credentials, and any other relevant information, to obtain such reports from Skyfarer Academy's vendors or verification services. Service Professionals agree to inform Skyfarer Academy of any material criminal convictions that occur after any such reports are run.

Student Terms

Searching and Booking on Skyfarer Academy

Searching
You can search for Training Services on the Skyfarer Academy Platform by using criteria such as the type of Training Service, including location, dates, and availability. Relevance considers factors like price, availability, reviews, Training Service and cancellation history, popularity, previous Lessons and saved Lessons, Training Professional’s requirements, and more.

Booking
When you book Training Service on the Skyfarer Academy Platform, you agree to pay all charges for your booking, including the Training Service price, applicable fees like Skyfarer Academy's Service fees, taxes, and any other items identified during checkout. In some cases, a security deposit may be required, which will be clearly stated during the booking process. When you receive the confirmation, a contract for Training Services is formed directly between you and the Training Professional. The cancellation policy and any other rules, standards, policies, or requirements identified during checkout form part of your contract with the Training Professional. Be aware that some Training Professionals work with another Training Professional , such as Flight Schools, or Flying Clubs, or may work as part of a team to provide their Training Services.

Training Services

Booking Training Service entitles you to participate in, attend, or use that Training Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are also responsible for informing the Training Professional of any medical or physical conditions that may impact your ability to participate in the Training Service safely, as well as complying with all safety regulations, including those set by the Federal Aviation Administration (FAA) or relevant aviation authority. Except where expressly authorized, you may not allow any person to join unless they are included as an additional Student during the Training Service booking process.

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.

Training Professional Terms

As a Training Professional, Skyfarer Academy offers you the opportunity to share your skills with our vibrant community of Students - and earn money doing it. It's easy to create a Lesson, and you are in control of how you teach, including setting your availability and rules for each Lesson.

Contracting with Students

When you accept a booking request for a Lesson, or receive a booking confirmation for a Lesson through the Skyfarer Academy Platform, you are entering into a contract directly with the Student, and are responsible for delivering your Training Services under the terms and at the price you have specified in your Training Services description. You are also agreeing to pay applicable fees, like Skyfarer Academy's Services Fees (and applicable Taxes, as defined below), for each Lesson. Skyfarer Academy will deduct amounts you owe from your payout unless we agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Students must: (i) be consistent with these Terms and the information provided in your Training Services description, and (ii) be prominently disclosed in your Training Services description.

Independence of Training Professionals

As a Training Professional on the Skyfarer Academy Platform, your relationship with Skyfarer Academy is solely that of independent contracting parties. You and Skyfarer Academy expressly agree that (i) this is not an employment agreement and does not create an employment relationship between you and Skyfarer Academy; and (ii) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Skyfarer Academy, and you undertake not to hold yourself out as an employee, agent or authorized representative of Skyfarer Academy. Skyfarer Academy does not direct or control your Training Services, and you agree that you have complete discretion whether and when to provide Training Services, and at what price and on what terms to offer them. You acknowledge and agree that you have complete discretion to provide the Training Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Training Services to other companies, and that Skyfarer Academy does not, and shall not be deemed to, restrict you from engaging in any such activity.

Managing Your Training Services

Creating and Managing Your Training Services The Skyfarer Academy Platform provides tools that make it easy for you to set up and manage your Training Services. Your Training Services description must include complete and accurate information about your Training Services, your price, other charges, and any rules or requirements that apply to your Students or Lessons. You are responsible for keeping your Training Services description (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Training Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Training Services per skill, but may have multiple Training Services available across multiple skills.

Know Your Legal Obligations

You are responsible for understanding and complying with any applicable laws, rules, regulations, and contracts with third parties that apply to your Training Services, including but not limited to:

Federal Aviation Administration (FAA) regulations and guidelines.
State and local aviation licensing requirements.
Safety and risk management practices.
Privacy laws, including the collection and handling of Students' personal information in compliance with applicable privacy laws and these Terms.

This means, among other things, that you are legally eligible to provide Training Services in the jurisdiction where you provide Training Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to provide Training Services legally; and that when providing Training Services, you will comply with applicable laws, rules, regulations, and contracts with third parties, such as those related to providing the Training Services in a specific location. Any information we provide regarding legal requirements is for informational purposes only and is not legal advice. You are responsible for independently confirming your legal obligations. You are responsible for handling and using personal information of Students and others in compliance with applicable privacy laws and these Terms. If you have questions about how applicable laws, rules, and regulations apply, you should always seek legal advice.

Search Ranking

Student search parameters (e.g. time and duration of the Training Service, price range),
Training Service characteristics (e.g. price, calendar availability, number and quality of images, reviews, type of Training Services, Training Services status, average Student popularity),
Student booking experience (e.g. customer service and cancellation history of the Training Professional, ease of booking),
Training Professional requirements, and
Student preferences (e.g. previous Training Services used and Lessons, saved Training Services, location from where the Student is searching).

Your Responsibilities

You are responsible and liable for your own acts and missions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Training Services. You are responsible for setting your price and establishing rules and requirements for your Training Services. You must describe any and all fees and charges in your Training Services description and may not collect any additional fees or charges offline or otherwise outside the Skyfarer Academy Platform. You shall not encourage Students to create third-party accounts, submit reviews, or provide their contact information outside of the Skyfarer Academy Platform, and you shall not take Students off of the Skyfarer Academy Platform for new, partial, or future Training Services offerings, such as by contacting potential Students prior to booking on the Skyfarer Academy Platform to move booking off of the Skyfarer Academy Platform, cancelling existing bookings and having Students rebook off of the Skyfarer Academy Platform, or encouraging students to book outside of the Skyfarer Academy Platform for repeat or future bookings.

Offering Training Services as a Team or Organization

If you work with a co-Training Professional or with other Training Professionals as part of a team, business, or other organization, the entity and each individual who participates in providing Training Services is responsible and liable as a Training Professional under these Terms. By accepting these Terms, you represent and warrant that you are authorized to enter into contracts for and bind your co-Training Professional, team, business or other organization, and that any entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Skyfarer Academy to transfer a portion of your payout to a co-Training Professional or other Training Professionals, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

Your Assumption of Risk

You acknowledge that providing the Training Services carries inherent risks, and you agree that you assume, to the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of the Skyfarer Academy Platform and any Content, including offering Training Services, or any interaction you have with other Members, whether online or offline. You agree that you have had the opportunity to investigate the Skyfarer Academy Platform and any laws, rules, regulations, or obligations that may be applicable to your Training Services, and that you are not relying upon any statement made by Skyfarer Academy. NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE SKYFARER ACADEMY PLATFORM AND VOLUNTARILY PROVIDING TRAINING SERVICES THROUGH THE SKYFARER ACADEMY PLATFORM WITH KNOWLEDGE OF THE RISKS INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SKYFARER ACADEMY OR OTHERWISE.

Cancellations and Booking Modifications

Cancellations In general, if a Student cancels your Training Service, the amount paid to you is determined by the cancellation policy that applies to your Training Service and that Lesson. As a Training Professional, you should not cancel on a Student without a valid reason under these Terms or applicable law. If you cancel on a Student without such a valid reason, we may impose a cancellation fee and other consequences. If an Extenuating Circumstance arises (as determined in Skyfarer Academy’s sole discretion on a case-by-case basis) or a Lesson is cancelled under Section 15 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Student, and by any other reasonable costs we incur as a result of the cancellation. If a Student receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Skyfarer Academy exceeds your payout, Skyfarer Academy may recover that amount from you, such as by offsetting the refund against your future payouts. You agree that these Terms preempt any cancellation policy you set in situations where they allow for the cancellation of a Lesson and/or the issuance of refunds to Students. If we reasonably expect to provide a refund to a Student under one of these policies, we may delay release of any payout for that Lesson until a refund decision is made.

Booking Modifications
Training Professionals and Students are responsible for any Booking Modifications they agree to make, either via the Skyfarer Academy Platform or via Skyfarer Academy customer service, and Students agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

Payouts; Payment Terms
Training Professional will pay or reimburse Skyfarer Academy for all sales, use, VAT and all other taxes and duties (“Tax” or “Taxes”) which are levied or imposed arising from the purchases made under this Agreement, excluding taxes based on Skyfarer Academy's gross or net income, property taxes, state franchise taxes, or similar taxes levied against Skyfarer Academy.

Taxes

Training Professional Taxes As a Training Professional, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable Taxes.

Collection and Remittance by Skyfarer Academy In jurisdictions where Skyfarer Academy facilitates the collection and/or remittance of Taxes on behalf of Training Professionals, you instruct and authorize Skyfarer Academy to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Skyfarer Academy are identified to Training Professionals on their transaction records, as applicable. Skyfarer Academy may seek additional amounts from Training Professionals (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Training Professional’s tax obligations, and you agree that your sole remedy for Taxes collected by Skyfarer Academy is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Training Professionals, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

Tax Information In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Skyfarer Academy may issue on your behalf invoices or similar documentation for Taxes for your Training Services to facilitate accurate Tax reporting by you, our Students, and/or their organizations.

Certain Instructor Obligations

Marketplace Basics: As an Instructor, you must provide Skyfarer Academy with the necessary information to list your Training Services through the Skyfarer Academy platform. This includes, but is not limited to, a detailed description of the Training Services and the pricing. Skyfarer Academy reserves the right to edit descriptions to conform to marketplace standards and to accept or reject any Training Services 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 Services. 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 Services, 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 Services 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 Services 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

We provide the Skyfarer Academy Platform and all Content “as is” and without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of the Skyfarer Academy Platform. We reserve the right, for example, to limit or eliminate access to the Skyfarer Academy Platform in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand that we cannot and do not guarantee, endorse, or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Member, Training Service, and we do not warrant that verification, identity or background checks will be conducted on Members, or will identify past misconduct or prevent future misconduct if conducted. Use of the Skyfarer Academy Platform comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Members, and we cannot guarantee that all of your interactions with other Members will always be 100% safe and respectful. You agree to assume all risks when using the Skyfarer Academy Platform, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with Members. You also agree not to rely solely on any steps Skyfarer Academy may take to vet or screen Members and/or their Content, or otherwise to promote the safety of the Skyfarer Academy Platform. We cannot guarantee that each Member is who he or she claims to be. Please use common sense when using the Skyfarer Academy Platform, including looking at any photos of the Member you have booked with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Skyfarer Academy Platform by persons under the age of 18 in violation of these Terms. Skyfarer Academy Platform is not responsible for the conduct, whether online or offline, of any Member. You are solely responsible for your interactions with other Members. By using the Skyfarer Academy Platform, you agree to accept such risks and agree that Skyfarer Academy is not responsible for the acts or omissions of Members. You are responsible for the use of your account and Skyfarer Academy expressly disclaims any liability arising from the unauthorized use of your account. It is possible for others to obtain information about you that you provide, publish or post to or through the Skyfarer Academy Platform, send to other Members, or otherwise share, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Members on the Skyfarer Academy Platform. Please carefully select the type of information that you post on the Skyfarer Academy Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Members (including unauthorized users, or “hackers”). We do not warrant that your use of the Skyfarer Academy Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Skyfarer Academy Platform will be corrected, or that the Skyfarer Academy Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the Skyfarer Academy Platform. You are responsible at all times for your conduct and the consequences of your conduct while using the Skyfarer Academy Platform. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

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.

Limitations of Liability

To the maximum extent permitted under applicable law, in no event will Skyfarer Academy nor any other party involved in creating, producing, or delivering the Skyfarer Academy Platform or any Content be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Skyfarer Academy Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Skyfarer Academy Platform, or (iv) publishing a Training Service or booking a Lesson, including the provision or use of Training Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Skyfarer Academy has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed its essential purpose.

Except for our obligation to transmit payments to Training Professionals under these Terms, in no event will Skyfarer Academy's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Skyfarer Academy Platform, any Content, or any Training Service or Lesson, exceed: (A) to Students, the amount you paid as a Student during the 12-month period prior to the event giving rise to the liability, (B) to Training Professionals, the amount paid to you as a Training Professional in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Skyfarer Academy BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE Skyfarer Academy PLATFORM, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE Skyfarer Academy PLATFORM, OR FOR ANY INTERACTIONS WITH OTHER MEMBERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO ATTEMPT TO DEFRAUD OR HARM YOU, THE CONDUCT OF ANY OTHER THIRD PARTIES, OR ENVIRONMENTAL DANGERS (SUCH AS INCLEMENT WEATHER OR ANIMAL ENCOUNTERS).

These limitations of liability and damages are fundamental elements of the agreement between you and Skyfarer Academy. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you, and you may have additional rights.

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 ANY PARTY TO THESE TERMS OF SERVICE, 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.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Skyfarer Academy's option), indemnify, and hold Skyfarer Academy, its licensors and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access, use, or misuse of the Skyfarer Academy Platform; (ii) your Content, including any allegation that your Content infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iii) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature); (iv) your interaction with any Member (online or offline) or participation in or use of any Training Service, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, participation, or use; (v) your failure, or our failure at your direction, to accurately report, collect or remit Taxes; (vi) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights; (vii) your negligent conduct; and/or (viii) any other activities in connection with the Skyfarer Academy Platform and Training Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without Skyfarer Academy’s prior written consent, agree to any settlement on behalf of any indemnified party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any indemnified party.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Skyfarer Academy Platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

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).

Miscellaneous

Other Terms Incorporated by Reference. Any supplemental policies and terms linked to in these Terms apply to your use of the Skyfarer Academy Platform, are incorporated by reference, and form part of your agreement with Skyfarer Academy.
Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Skyfarer Academy and you pertaining to your access to or use of the Skyfarer Academy Platform and supersede any and all prior oral or written understandings or agreements between Skyfarer Academy and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Skyfarer Academy. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
No Waiver. Skyfarer Academy's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Assignment. You may not assign, transfer or delegate these Terms or your rights and obligations hereunder without Skyfarer Academy's prior written consent. Skyfarer Academy may, without restriction, assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.
Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Skyfarer Academy via email, Skyfarer Academy Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
Third-Party Services. The Skyfarer Academy Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Such Third-Party Services are not under our control, and we are not responsible for the availability of such Third-Party Services or their contents. Any links provided on the Skyfarer Academy Platform are provided for your interest or convenience only and do not represent or imply any endorsement by Skyfarer Academy of any such linked Third-Party Services. You acknowledge that the use of such Third-Party Services is governed by the terms and conditions applicable to any such Third-Party Service, and if you decide to access any such Third-Party Service, you do so entirely at your own risk and subject to the terms and conditions of use for each such Third-Party Service.
Google Terms. Some translations on the Skyfarer Academy Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Skyfarer Academy Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Force Majeure. Skyfarer Academy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Contact Us. If you have any questions about these Terms, please email us at support@skyfareracademy.com.

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.