END USER TERMS OF SERVICE

By using the service available at www.skillbites.net and affiliated domains (the “Site”), You agree to the terms governing the applications, features and functionality available on or through the Site (The “Service”). If you do not agree with these terms, do not use the service. SkillBites reserves the right to change any of the terms and conditions contained in these End User Terms of Service or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to these Terms of Service will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Service following SkillBites’ posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this participation agreement, do not continue to use the Service or this Site.

End Users. “End-Users” who purchase a resource from the Site (each such resource, whether an ebook, audio book, print book or other format, hereinafter referred to as a “Work”, and all resources hereinafter referred to as the “Works”) are allowed to use the Work in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.

  1. Rights of Use.
    1. Purchased Works: As End User, you acknowledge that all Work furnished by SkillBites is licensed for the use of the End Users of the Site and may not be sublicensed or resold. If you purchase a Work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the Work to others.
    2. Free works including sample works: Free Works and sample Works published at SkillBites are the copyrighted material of the author or publisher, and therefore are not authorized for redistribution without prior written consent from SkillBites. Third parties are not authorized to download, host and otherwise redistribute SkillBites Works without prior written agreement from SkillBites. Directory services and affiliate marketers may reproduce the metadata information found on each Work’s book page (cover image, book description, price, etc.) provided hyperlinks direct visitors to the SkillBites book page, and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.
    3. Fees and Services. By using the Site the End User is agreeing to pay the fees as presented by SkillBites at the time of purchase. The Author sets the price for their individual Works. End User will have an opportunity to review and accept the fees for the purchase End User is requesting prior to payment. All purchases are final and non-refundable. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Site.
  2. Abusing SkillBites. SkillBites and its users work together to keep the Site working properly. Please report problems and policy violations to SkillBites. The warranties and representations contained in this Agreement extend to End Users and other licensees and successors and assigns of SkillBites. End Users agree while using the Site, Service or Work to not:
    1. violate any laws, third party rights, or any policies which we have posted on the Site from time to time;
    2. use the Site, Service or Work if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
    3. circumvent or manipulate our fee structure or the billing process;
    4. use robots, spiders, shills or other methods in an attempt to unfairly game the site’s ranking systems for downloads, reviews and sales, or hire others to do the same;
    5. engage in advertising, marketing, spam, chain letters, or pyramid schemes involving or using the Work from the Site;
    6. distribute viruses, malware or any other technologies that may harm SkillBites, or the interests or property of SkillBites users;
    7. copy, modify, or distribute content from the Site, or SkillBites’ copyrights and trademarks; or
    8. engage in abusive or profane behavior toward SkillBites, its employees, its authors or fellow users.
      Without limiting other remedies, we may limit, suspend, or terminate the Service and any End User account, prohibit access to our Site, demand return or destruction of any Work improperly taken or used from the Site or Service and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
  3. Ownership. You acknowledge and agree that the SkillBites Site and Service are proprietary to SkillBites and that the Work is proprietary to the Author; that none are proprietary to End User.
  4. Your Privacy
    Protecting your privacy is very important to SkillBites. Please review our Privacy Policy, which explains how SkillBites treats your personal information and protects your privacy.
  5. Use of communication services
    The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
    3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
    4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
      Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
    5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
      Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    7. Restrict or inhibit any other user from using and enjoying the Communication Services.
    8. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
    9. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
    10. Violate any applicable laws or regulations.

    SkillBites has no obligation to monitor the Communication Services. However, SkillBites reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SkillBites reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

    SkillBites reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SkillBites’ sole discretion.

    Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SkillBites does not control or endorse the content, messages or information found in any Communication Service and, therefore, SkillBites specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SkillBites spokespersons, and their views do not necessarily reflect those of SkillBites.

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

  6. Materials provided to SkillBites or posted at any SkillBites website
    SkillBites does not claim ownership of the materials you provide to SkillBites (including feedback and suggestions) or post, upload, input or submit to any SkillBites website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SkillBites, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

    No compensation will be paid with respect to the use of your Submission, as provided herein. SkillBites is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SkillBites’s sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

  7. Termination. Either party may terminate this agreement this Agreement at any time without notice. Registered SkillBites members may cancel their membership at any time, and published SkillBites authors may remove their author page and book listings at any time.

    The following provisions of this Agreement will survive termination of this Agreement: Sections 8, 9, 10 and any other provisions that, by their nature, are intended to survive.

  8. Indemnification. End User will indemnify and hold SkillBites and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.
  9. WARRANTY DISCLAIMER. All Works and the Service are provided to End Users “AS IS” and “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SKILLBITES AND ITS AUTHORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION IN THE WORKS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SKILLBITES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION IN ANY OF THE WORKS. THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE SKILLBITES SERVICE OR ANY MODIFICATIONS THERETO AND ANY WORKS IS WITH END-USERS. SKILLBITES DOES NOT WARRANT THAT THE WORKS WILL MEET THE REQUIREMENTS OF END-USERS. TO THE EXTENT THAT SKILLBITES MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
  10. LIMITATION ON DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKILLBITES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SKILLBITES WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SKILLBITES WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SKILLBITES WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SKILLBITES WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SKILLBITES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SKILLBITES WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SKILLBITES WEBSITE.

    IN NO CASE SHALL SKILLBITES OR ANY AUTHOR BE LIABLE TO END-USERS OR ANY OTHER THIRD PARTY FOR ANY ERRORS OF ANY KIND. In the event that SkillBites is found liable for any damages, for any reason whatsoever, End User hereby expressly agrees that in no event will SkillBites’ liability to End User exceed the amount paid by End User for the Work in question.

  11. MISCELLANEOUS.
    1. Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.
    2. Governing Law; Severability. This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
    3. No Agency. No agency, partnership, joint venture or other joint relationship is created hereby.
    4. Legal Action. Venue for all purposes hereunder shall be in Chester County, Pennsylvania, and the parties hereto hereby consent to such jurisdiction and venue. If any action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
    5. Acknowledgement. By using the Service you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.

IN WITNESS WHEREOF, the parties hereto are deemed to have executed this Agreement as of the date and the year upon which the End User first approved such Terms of Service.

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