TERMS OF USE

LAST MODIFIED ON 01/16/2025

This Terms of Use (the “Agreement”) applies to the SketchMaps service, including all related websites, materials, and livestreams and other video content (the “Service”), provided by eMcDermott, LLC (“SketchMaps”).

NOTICE REGARDING CONTENT: The Service, including SketchMaps and related presentations, is intended as a supplementary resource and is not a substitute for reading and studying the underlying books and materials. Users are encouraged to read and review the original source materials before attending or viewing presentations.

1. Acceptance of Terms

By continuing to use the Service, you agree as follows:

1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;

1.2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by SketchMaps from time to time; and

1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.

2. Service Description and Access

2.1. Service Description. The Service consists of:

• Regularly scheduled livestream and archived presentations analyzing selected books and other materials, as determined by SketchMaps and detailed on the Service
• Downloadable SketchMaps, summarizing and explaining key concepts from the books and other materials
• Access to archived presentations and materials
• Additional features as may be offered from time to time

2.2. Pricing and Payment. The current pricing for the Service, including individual purchases and subscription options, is available on the Service website. Prices are subject to change at any time. Specific payment terms and conditions will be presented at the time of purchase.

2.3. Access Period. For individual (à la carte) purchases, users will have access to their purchased materials (including SketchMaps, presentation videos, and related content) for a period described on the Service at the time of purchase. Subscription users will have access to materials throughout their active subscription period.

2.4. Subscriptions. If you purchase a subscription to the Service:

• Your subscription will automatically renew at the end of each subscription period unless cancelled
• You may cancel your subscription at any time through your account settings
• No refunds will be provided for partial subscription periods
• Access to subscription content will terminate at the end of your subscription period

3. SketchMaps’ License to You

3.1. License Grant. Subject to your compliance with these Terms and applicable payment obligations, SketchMaps grants you a limited, non-exclusive, non-transferable license to:

• Access and view presentations and other videos during the applicable access period (depending on your purchase or subscription terms detailed at the time of purchase)
• Download and use SketchMaps and other materials and handouts for personal reference only
• Participate in community features (if and when available)
• Access archived content within your purchase or subscription period and associated terms and limitations

3.2. Personal Use Only. The Service, including all SketchMaps, presentations, handouts, information, and related materials, is licensed for your personal, non-commercial use only. You may not share, distribute, or publicly display any Service materials.

3.3. Watermarking. SketchMaps and other downloadable materials may include personal watermarks or other identifying features. You agree not to remove, obscure, or alter these identifiers.

3.4. Prohibited Uses. You may not:

• Share your account credentials with others
• Copy, reproduce, or distribute Service materials
• Create derivative works based on Service content
• Use the Service for commercial purposes
• Remove watermarks or other technical protection measures

4. Messages from SketchMaps

You understand that you may receive business-related communications from SketchMaps through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them. 

Marketing-related email messages will be accompanied by instructions for opting out.

5. Your Account

5.1. Account Creation. You need to register for an Account to use the Service (your “Account”), which you can do by signing up on the Service. You may only create an Account if you are at least 16 years old. If you are at least 16 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service. 

You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify SketchMaps immediately of any breach of security or unauthorized use of your Account.

5.2. Accurate Information. When creating your Account, you promise to provide accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times. 

5.3. Suspension of Accounts. SketchMaps may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason. 

5.4. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service, whether during live presentations, when posting questions, comments, and chats, through direct messages, and otherwise. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by SketchMaps as it sees fit. SketchMaps will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.

5.5. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. SketchMaps owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts. Any user found to have signed up for multiple Accounts or otherwise to have used an Account to circumvent an Account termination or any of the terms of this Agreement may be barred from future usage of the Service.

6. Your License to SketchMaps; Your Conduct

6.1. Your Content. Any communications or material of any kind that you email, post, or otherwise transmit to SketchMaps or the public on or using the Service, including profile pictures, chats, emails, comments, voice recordings, appearances on livestreams and presentations, data, questions, feedback, and suggestions are known as your “Content.”

SketchMaps does not own your Content. By posting Content, you (i) represent that you are the owner of the Content or have all of the necessary rights to share them on the Service, and (ii) give SketchMaps permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world, including the right to incorporate any suggestions or feedback into the Service as new or updated features, without limitation.

6.2. Livestream Participation. In addition to the foregoing license under Section 6.1 and without limiting the generality of such license in any way, by participating in livestreams, including through questions, comments, or appearances, whether provided in advance or during the applicable session, you grant SketchMaps the perpetual, worldwide, royalty-free right to:

• Record and store your participation
• Use your likeness, voice, and communications in connection with the Service
• Use recordings of your participation in marketing materials
• Edit, modify, or excerpt your participation as SketchMaps deems appropriate

6.3. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which: 

• is threatening, bullying, defamatory, abusive, obscene, extremely violent, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law; 
• is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity; 
• constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam); 
• is a solicitation or advertisement for any activity, commercial product, or lewd or inappropriate personal conduct;
• encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone; 
• restricts, inhibits, or discourages any other user from using the Service;
• hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience; 
• violates any local, state, federal or international laws or gives rise to civil liability; 
• violates or infringes any third-party rights (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right); 
• imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service; 
• is a “chain letter,” or constitutes “junk mail”; 
• specifies or claims that you are affiliated with SketchMaps when you are not, including without limitation an “Administrator,” or any other employee or agent of SketchMaps; 
• requests login information from other users; 
• “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
• uses or possesses programs to “crack” the Service or other Internet security tools;
• contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or 
• anything else that SketchMaps, in its sole determination, deems offensive or harmful to the Service or to SketchMaps’ integrity or business.

6.4. User Participation Policy. In addition to the general Conduct Policy in Section 6.3, the following rules apply to community participation and livestream interaction:

6.4.1. Livestream Etiquette. Users must:

• Follow moderator instructions regarding questions and discussion
• Do not disrupt presentations or monopolize Q&A sessions
• Stay on topic in discussions and Q&A sessions
• Maintain professional and courteous communication
• Respect presenters and other participants
• Respect time limits and presenter guidelines
• Use appropriate channels for different types of communication (e.g., technical issues vs. content questions)

6.4.2. Respectful Interaction. Users may not:

• Disrupt presentations or community discussions
• Spam chat or comment sections
• Promote competing services or products
• Share personal information about other users
• Engage in harassment or bullying
• Post inappropriate or offensive content in chat or comments

6.5. Content Responsibility Disclaimer. SketchMaps expressly disclaims any responsibility or liability for any content provided, uploaded, or made available through the Service by users or any third parties. While SketchMaps endeavors to maintain a respectful and lawful service environment, it does not monitor, verify, or endorse the information and materials provided by users or other content providers. As such, SketchMaps will not be liable for any such content, including but not limited to any errors, inaccuracies, unsuitability, or violations of laws or rights. Users may encounter content that they find offensive, indecent, incorrect, misleading, or otherwise objectionable. Users agree to assume all risks associated with the use of any content on the Service including any reliance on the accuracy, completeness, or usefulness of such content. SketchMaps assumes no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

7. Support Services

SketchMaps may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). SketchMaps is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of SketchMaps under this Agreement. 

SketchMaps customer support may be reached by contacting us at info@emcdermott.com. You agree that you will look solely to SketchMaps in connection with Support Services.

8. Modification, Termination, and Monitoring of the Service

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

SketchMaps reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.

SketchMaps may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which SketchMaps or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will SketchMaps or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by SketchMaps or its affiliates or agents.

9. Security of Data Transmission and Storage

Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and SketchMaps or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.

SketchMaps and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications. 

10. Hyperlinks

The Service may contain links to other sites, products, software applications, and other services (the “Linked Services”). SketchMaps does not control the Linked Services, and SketchMaps and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that SketchMaps has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and SketchMaps cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold SketchMaps or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.

Please be aware that some of the links provided within the Service are affiliate links and SketchMaps will receive a commission for any purchases made through these links, at no additional cost to you. We will do our best to notify of the affiliate relationship when displaying the link or on the page where the linked product or service is discussed.

11. Trademarks and Copyrights

The Service is owned by SketchMaps and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to SketchMaps or are used under license from a third party. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of SketchMaps or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by, SketchMaps. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

12. Copyright Complaints

If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
• Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

Our Copyright Agent may be reached at the following email address:

Copyright Agent 

eMcDermott, LLC

info@emcdermott.com

Repeat Infringer Policy: Any user of the Service that repeatedly infringes third party copyright or other intellectual property rights will have their Account and their ability to use the Service suspended or terminated.

13. Disclaimer of Warranties

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

14. Limitation of Liability

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of SketchMaps and its affiliates will be limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify and hold SketchMaps and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances will SketchMaps or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service, including any liability based on SketchMaps’ negligent acts.

16. Your Personal Information

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy.  As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.

17. Disclosures Required by Law

SketchMaps reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. SketchMaps reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SketchMaps to disclose the identity of any user believed to be in violation of this Agreement.

By accepting this Agreement, you waive all rights and agree to hold SketchMaps harmless from any claims resulting from any action taken by SketchMaps during or because of its investigations or from any actions taken as a consequence of investigations by either SketchMaps or law enforcement authorities.

18. Legal Compliance

By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with SketchMaps, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with SketchMaps, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 20 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, California, USA.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with SketchMaps by sending a message via email to info@emcdermott.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

20. Binding Arbitration

21. Miscellaneous Terms

21.1. Agreement Revisions. This Agreement may only be revised in writing by SketchMaps, or by SketchMaps’ publication of a new version on the Service. Continued usage of the Service following such publication means that you agree to the terms of the new Agreement version.

21.2. Force Majeure. SketchMaps is not liable for any delay or failure to perform resulting from causes outside the reasonable control of SketchMaps, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SketchMaps’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. 

21.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SketchMaps because of this Agreement or your use of the Service. 

21.4. Assignment. SketchMaps may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without SketchMaps’ prior written consent, and any unauthorized assignment by you will be null and void.

21.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect. 

21.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

21.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. 

21.8. Equitable Remedies. You hereby agree that SketchMaps would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

21.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and SketchMaps with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and SketchMaps with respect to the Service.