These Terms consists of three parts:
- The Skills System Membership Agreement available at [https://skillssystem.com/e-learning-membership-agreement/], which governs the use of the products and services at Skills System.
- The Skills System Privacy Statement, available at [https://skillssystem.com/privacy-policy/] and you agree may collect and use your data (including personal information) according to the Skills System Privacy Statement. We may also share your data and information, either in aggregate or personally identifiable form, in the ways described in the Skills System Privacy Statement.
You agree to the terms in these documents when you sign in, activate an account, or use the Products and Services, when you visit any Skills System website, or when you take any other action that indicates your agreement. If you do not agree with these Terms, please do not register for the Products and Services, and refrain from using any Skills System website.
There may be additional terms that apply in some cases. For example, if you make a purchase you may be asked to agree to payment terms, or if you choose to use a feature offered by a third party, you may be asked to agree to terms required by the third party. You will generally be notified and asked to agree to these additional terms at the time of the transaction.
License and Site Access. Subject to the terms of the Website Terms, we grant you a limited license to access and make personal use of the Site. No other rights are granted. Your right to use any applications on or through the Site (“apps”) may be subject to a separate license agreement. You may not download (other than page caching), copy, or modify any portion of the Site unless we give consent in writing. The following things are all prohibited: (a) resale or transfer or commercial use of the Site or its contents, (b) any derivative use of this Site or its contents, or (c) any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store, distribute, transmit, display, reproduce, modify, create derivative works from, or sell or otherwise exploit, any of the content on this Site for any commercial purpose. By using the Site, you warrant that you will not use the Site, or any of the content obtained from the Site, for any unlawful or prohibited purpose. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether or not registered or identified as such. You may not remove or modify any copyright or proprietary notices. If you violate any of these Website Terms, your permission to use the Site automatically terminates.
Electronic Communications. When you visit the Site, send us email, provide feedback or use any Product or Service, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that a communication be in writing. You agree that you will receive emails that contain your login e-learning information. It is recommended that you change your password immediately. You agree that emails are never completely private or secure. You understand that emails will be sent unencrypted and may be read or intercepted by others.
Conduct. You agree that you will not do any of the following:
- Restrict or inhibit any other user from using and enjoying the Site.
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation content that promotes or would result in criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations. You will not post or transmit any content (whether to the Site or in a Product or Service) that would impersonate someone else or falsely represent your identity or qualifications, or that would cause a breach of any individual’s privacy.
- Post or transmit (whether to the Site or in a Product or Service) any advertisements, solicitations, chain letters, investment opportunities, other schemes, or any unsolicited commercial communication. You agree not to engage in spamming or flooding.
- Post or transmit (whether to the Site or in a Product or Service) any information or software which contains a virus, Trojan horse, worm or other harmful component.
- Post, publish, transmit, reproduce, distribute, or in any way exploit (a) any information, software or other material obtained through the Site for commercial purposes, or (b) any information, software, or other material which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
Site Monitoring. We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to operate the Site or Services properly; or to protect us or our subscribers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion are unacceptable, undesirable, inappropriate, or in violation of these Website Terms.
Blogs. To the extent that the Site maintains or allows the use of a blog, all content provided on any blog is for informational purposes only. Neither we, nor any owner of such blog makes any representations as to the accuracy or completeness of any information on this site or found by following any link on this site. Neither we, nor any owner, will be liable for any errors or omissions in this information nor for the availability of this information. Neither we, nor any owner, will be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.
Feedback. We may provide you with a mechanism to provide Feedback, as defined in the Skills System Membership Agreement, in connection with the Site. You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications of the Site, multimedia works, advertising and promotional materials, or development of Products and Services. You agree not to submit any Feedback that you do not have rights in, such as copyrighted material belonging to a third a party. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback and any derivations in any manner and for any purpose, and you hereby waive all of your moral rights in your Feedback in favor of us, our Suppliers, and our affiliates.
Third-Party Products and Services. In connection with your use of the Site, you may be made aware of Products, Services, or other offers and promotions from third parties. You are responsible for reviewing and understanding the terms and conditions governing any such third-party offerings. You agree that the third party, and not Skills System, shall be solely responsible for all such Products, Services, offers, and promotions. Additional terms regarding Third-Party Products and Services are contained in the Skills System Membership Agreement, below.
Community Forums. We may include a community forum or other social features to permit members to share Content (as defined in the Skills System Membership Agreement) and information. We do not monitor and are not responsible for the content in these community forums. Please use respect when you interact with other users. Additional terms may apply.
Disclaimer of Warranties. YOUR USE OF THE SITE, INCLUDING ANY PRODUCTS AND SERVICES, AND CONTENT CONTAINED THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, AND SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE AND
RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. WE DO NOT WARRANT THAT THE SITE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY SITE CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES OR LOSS, CORRUPTION, FAILURE OF SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF SKILLS SYSTEM AND ITS SUPPLIERS FOR ANY AND ALL CLAIMS ARISING HEREUNDER SHALL BE THE AMOUNT YOU PAID TO SKILLS SYSTEM FOR PRODUCTS AND SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKILLS SYSTEM AND YOU. SKILLS SYSTEM WOULD NOT HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Termination and Amendment. Your privilege to use or access the Site, as well as any Products and Services, may be terminated immediately and without notice if you fail to comply with any term or condition of the Website Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that we reserve the right to take action — technical, legal or otherwise — to block, nullify, or deny your ability to access the Site. You understand that we may exercise this right in our sole discretion.
We reserve the right, in our sole discretion, at any time and from time to time to change, modify, or discontinue, either temporarily or permanently, the Site (or any part thereof). We shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
You agree to defend, indemnify and hold us and our affiliates and Suppliers harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software, or other materials through the Site by you or users of your account, or related to any violation of these Website Terms by you or users of your account.
COPPA Compliance. In compliance with the Children’s Online Privacy Protection Act (“COPPA”) the Company does not knowingly allow access to the Site, Service or Content to persons under age 13. If you are under age 13, you are not authorized to post any personal information about yourself to the Site or provide any personal information about yourself to Company. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that the Company might have any information from a child under age 13, please contact us at the address set forth herein.
Miscellaneous. These Website Terms are a complete statement of the agreement between you and us and our Suppliers, and set forth the entire liability of us and our Suppliers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Website Terms of Service and the Privacy Statement, the Privacy Statement shall prevail as to matters specifically stated therein. Our Suppliers, agents, distributors, dealers, and employees are not authorized to make any representations, commitments, or warranties different from stated here. If any provision of these Website Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions will continue in full force and effect. For users other than Canada residents, the Website Terms will be governed by Massachusetts law as applied to agreements entered into and to be performed entirely within Massachusetts, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The section below in the Membership Agreement entitled “Governing Law; Dispute Resolution”, shall apply to any dispute whether in contract, tort, or otherwise arising from or in any way related to the Website Terms, regardless of membership status. These Website Terms do not limit any rights that we may have under trade secret, copyright, patent or other laws.
Revised: January 9, 2020