Terms of Use - Sketchy Group LLC

Last Updated: September 21, 2021

Sketchy Group LLC
2372 Veteran Avenue
Los Angeles, CA 90064
[email protected]

Welcome to our website, www.sketchy.com (the “Site”), which is operated by Sketchy Group LLC (“Sketchy,” “we,” “us,” “our”). Sketchy provides, among other things, materials designed to make learning unforgettable (the "Materials"). 

Please read these Terms of Use (the “Terms”) and our Privacy Policy  carefully because they - along with other posted policies, rules, and guidelines - govern your use of and interaction with our Site, products, services, Materials, and our communications with you. To make these Terms easier to read, we use the word “Services” here to collectively describe and encompass our Site, products, services, Materials, and our communications with you. These Terms of Use govern your access to and use of our Services, whether as a guest, visitor, registered user, or account holder, as applicable. By using the Services, you accept and agree to be bound and abide by these Terms. If you do not agree with any part of the Terms, you must not use the Services.

Important Notice Regarding Arbitration

When you agree to these Terms, by creating an account or by using the Site or any of the Services, you are agreeing, with limited exception, to resolve any disputes between you and Sketchy through binding individual arbitration rather than in court. Please carefully review the section entitled “Dispute Resolution” for details regarding arbitration and the procedure to opt out of arbitration, should you choose to do so. 

Changes to Terms and Services

Our Services are evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, we’ll let you know either by posting the updated Terms on our Site or through other communications. It’s important that you review the Terms whenever we update them or when you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in the section entitled “Effect of Changes on Arbitration,” you may not use the Services anymore. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice.

A Note About the Course Materials

The Sketchy Materials are not intended to be a standalone study aid and were not prepared as a substitute for other methods of preparation, taking notes, or paying attention in class. The information required to pass a particular class, or exam may change from time to time, and Sketchy may, or may not, update or supplement the information on this site, in its sole discretion. It is your obligation to take the appropriate steps for success. We hope that our Site and Services becomes a part of that process but Sketchy is not a shortcut to the hard work required in your field, merely a tool.

Accessing the Services

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Sketchy does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Sketchy reserves the right to modify, revise, or remove the Services we provide, including the Site, at Sketchy’s sole discretion without notice. Sketchy may restrict access to some parts of the Site, or other Services. Sketchy will not be liable for any outages to the Site or other Services that may occur, for whatever reason. 

Who May Use the Services?

You may use the Services only if you are 18 years or older (or the legal age of majority in your jurisdiction), capable of forming a binding contract with Sketchy, and are not barred from using the Services under applicable law.  If you want to use certain features of the Services, you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we reserve the right to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, or otherwise share access to your Account with anyone, and you’ll notify us immediately of any unauthorized use of your Account. If you share your password or access to your Account with others, we reserve the right to suspend or terminate your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Sketchy reserves the right to disable any Account, user name, password, or other identifier,, at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation of any provision of these Terms of Use or other posted policies, guidelines, or rules. 

License

Subject to your compliance with the Terms, Sketchy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Sketchy.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content Ownership, Responsibility and Removal 
  1. Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users, visitors, guests, or Account holders (including you) provide to be made available through the Services including without limitation, any reviews, ratings, and comments you provide. Content includes without limitation User Content.
  2. Our Content Ownership: Sketchy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Sketchy and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
  3. Rights in User Content Granted by You: By making any User Content available through the Services you hereby grant to Sketchy a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
  4. Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Sketchy on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  5. Rights in Content Granted by Sketchy: Subject to your compliance with these Terms, Sketchy grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Copyright Policy

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. You may read more information about the DMCA here.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent (identified below): (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Sketchy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. 

Notices and counter-notices should be sent to Sketchy Group LLC, 2372 Veteran Avenue, Los Angeles, CA 90064, Attn: Saud Siddiqui, or [email protected]. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

In accordance with the DMCA and other applicable law, Sketchy has adopted a policy of terminating, in appropriate circumstances and at Sketchy' sole discretion, users who are deemed to be repeat infringers. Sketchy may also at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Your Representations, Warranties and Covenants

By using the Services, you expressly represent and warrant that your use of the Services is solely for your personal use. When using the Services, you agree to comply with all applicable laws. By using the Services, you agree, represent, and warrant that:

  • You are eligible to use the Services, based on the requirements outline in the section entitled “Who May Use the Services.”
  • You will only use the Services for lawful purposes, using only authorized means; you will not use the Services for sending or storing any unlawful material or communications or for deceptive or fraudulent purposes.
  • You will not use the Services, or any Content accessible through the Services, for any commercial purpose, including but not limited to competing with Sketchy services.
  • You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any Content displayed through the Services except for your personal, noncommercial use.
  • You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
  • You will only use the Services for your own use and will not resell the Services to a third party.
  • You will not conduct any systematic retrieval of data or other Content from the Services, and you will not copy any Content displayed through the Services.
General Prohibitions and Sketchy’s Enforcement Rights

You agree not to do any of the following:

  • use, display, mirror, embed, or frame the Services or any individual element within the Services, Sketchy’s name, any Sketchy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sketchy’s express written consent; 
  • use the Services in any manner that violates federal, state, local, or international law or regulation, including, without limitation, any laws regarding related to the export of data or software to and from the US or other countries;
  • access, tamper with, or use non-public areas of the Services, Sketchy’s computer systems, or the technical delivery systems of Sketchy’s providers; 
  • impersonate or attempt to impersonate Sketchy, a Sketchy employee, contractor or agent, another user, or any other person or entity;
  • attempt to probe, scan or test the vulnerability of any Sketchy system or network or breach any security or authentication measures; 
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sketchy or any of Sketchy’s providers or any other third party (including another user) to protect the Services; 
  • use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site;
  • attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Site, or any server, computer or database connected to the Site;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to operate the Services; 
  • collect or store any personally identifiable information from the Services; and/or
  • encourage or enable any other individual to do any of the foregoing.
Electronic Signatures

For some activities related to the Services, Sketchy may permit you to use a personal computer equipped with an active connection to an internet service provider to access your Sketchy accounts and policies, and to perform certain transactions as available. To facilitate this, you may be given the option to sign or agree to certain documents including, but not limited to, quotes, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents (“Communications”) electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the Terms in such Communication just as if you had signed your name to a paper document.

Payments and Payment Services

You understand and agree that, by signing up for a paid version of the Services (or by purchasing any other goods, services, or apparel we may make available through the services), you will be authorizing Sketchy and our payment processor to collect, store, transfer, and charge your payment method on file for the agreed upon amount of that transaction. In some circumstances we may also allow, at our discretion, payment through methods other than payment cards, including but not limited to wire transfers and checks.

Paid versions of the Services have a fixed initial term - for example 6 months or 12 months - the price for which term you will be asked to pay upfront, before accessing the paid Services. You understand and agree that at the end of the fixed initial term, your access to the paid version of the Services, unless you elect to renew with an additional fixed length term as offered by Sketchy, will switch to a month-to-month recurring subscription, for which you will be charged, via the same payment method initially used, until you cancel your subscription. In order to cancel, you will need to notify Sketchy via email at [email protected] at least 10 days in advance of your next payment date. Finally, you understand that recurring payment amounts may change in the future, provided that Sketchy will give you at least 30 days notice of such change with the option to cancel future payments.

All Charges and payments will be enabled using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available. If we are unable to charge any methods on file with us, we reserve the right to terminate your access to the paid Materials, or to terminate your Account. Charges paid by you are final and non-refundable, unless otherwise determined by Sketchy. Sketchy may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services. Sketchy reserves the right to revoke such offers at its discretion.

Endorsements

Endorsements that we use on the site have been given willingly by our customers and supporters. They have not been paid for by Sketchy. 

Disclaimers

The following disclaimers are made on behalf of Sketchy, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS 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 SERVICES. 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. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

Indemnity

You agree to indemnify, protect and hold Sketchy and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Sketchy or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of or in connection with: (i) your User Content; (ii) your failure to comply with any of these Terms; (iii) violation of any applicable laws, rules or regulations related to your use of the Services; and (iv) your use of the Services. Sketchy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sketchy in asserting any available defenses.

Limitation of Liability

NEITHER SKETCHY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKETCHY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SKETCHY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE THOUSAND US DOLLARS ($1000).  THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKETCHY AND YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH ANY AND ALL RELEASES UNDER THIS AGREEMENT, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Jurisdictional Issues

Sketchy makes no representation that the Services are appropriate or available for use in your jurisdiction. If you choose to access the Site or Services, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations. 

Reliance on Information Posted

The information presented throughout the Site and Services is made available for general information purposes only. Sketchy does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

The Services may contain information relating to certain medical and health related conditions and treatments (e.g. as part of the Materials related to the exams). However, no information within the Services should be construed as medical advice. Our services are not meant to take the place of consultation with a health care provider or to diagnose or treat conditions. If you need emergency medical treatment, assistance, diagnosis, or medication, please call 911 or your local emergency number. 

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Governing Law 

Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions.

Dispute Resolution
  1. Mandatory arbitration of disputes. You and Sketchy agree that any dispute, claim or controversy arising out of your use of the Services, or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including any dispute relating to these arbitration provisions themselves, will be resolved through final and binding individual arbitration by a single arbitrator and not in a class, representative, or consolidated action or proceeding, except as set forth under the “Exceptions to agreement to arbitrate” section below. This includes disputes arising out of or relating to interpretation or applicability of this “Mandatory arbitration of disputes” section, including its enforceability, revocability, or validity. This arbitration provision shall survive termination of these Terms.
  2. Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in the United States county where you live, unless we both agree to another location or to desk arbitration.
  3. Arbitration costs. The AAA rules will govern payment of all arbitration fees. Sketchy will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t see to recover them from you.
  4. Injunctive and Declaratory Relief. Except as provided in subsection (f) below, the arbitrator shall determine all issues of liability on the merits of any claim and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that either party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
  5. Exceptions to agreement to arbitrate. Notwithstanding the mandatory arbitration agreement in subsection (a), either you or Sketchy may (1) assert claims, if they qualify, in a U.S. small claims court; or (2) bring an individual action seeking only injunctive or other equitable relief from a court to prevent or stop unauthorized use or abuse of the Services or infringement or misappropriation of intellectual property without first engaging in arbitration described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts of the Southern District of California to resolve your claim.
  6. NO CLASS ACTIONS OR CLASS ARBITRATIONS. You may only resolve disputes with Sketchy on an individual basis, and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific provision is found to be unenforceable, the entirety of this “Dispute Resolution” section will be deemed void.
Notices

Any notices or other communications provided by Sketchy under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights

Sketchy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sketchy. 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.

Entire Terms

These Terms constitute the entire and exclusive understanding and agreement between Sketchy and you regarding your use of the Services, and these Terms supersedes and replaces any and all prior oral or written understandings or agreements between Sketchy and you regarding the use of the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect - except as described in subsection (f) of the Dispute Resolution section. You may not assign or transfer these Terms, by operation of law or otherwise, without Sketchy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sketchy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Contact Us

If you have any questions about these Terms or the Services, please contact Sketchy at:

Sketchy Group, LLC
2372 Veteran Avenue
Los Angeles, CA 90064
[email protected]