Terms of Service

SkillStore products and services are provided by SkillStore, Inc. (“SkillStore” or “we” or “us”). These Terms of Service (“Terms”) govern your access to and use of Skillstore mobile and web apps (“Service”) available on your mobile device or our website located at www.skillstore.com (the “Site”). Please read these Terms carefully, and contact us if you have any questions at support@skillstore.com. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy. These Terms apply to all visitors, users, and others who access the Service (“you” and if you register, a “User”). We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER OR USE THE SERVICE. THIS AGREEMENT IS EFFECTIVE WHEN YOU CLICK “I ACCEPT” BELOW (“EFFECTIVE DATE”).

 

1.        Eligibility.  SkillStore provides the Service to allow users to participate in skills learning and assessments .   You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by SkillStore.

 

2.        Accounts.  Registration is required in order to use some or all of the Services. Some of the features of the Services may require or permit you to log in using third party authentication service. We reserve the right to either discontinue such registration process or use any other service at any time. We reserve the right to change this at any time. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SkillStore immediately of any unauthorized use of your account or any other breach of security. SkillStore will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SkillStore or another party due to someone else using your account or password.  Only one user may use each user name, and if you or your entity require additional user names, you must contact the SkillStore. You may not use anyone else’s account at any time, without the express permission of the account holder.

 

3.        Rules.  You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the SkillStore servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SkillStore grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein or (m) transmitting any sexually explicit or pornographic material, material that promotes self-harm or drug abuse, material that bullies, attacks or harasses another, or material that includes hate speech. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other SkillStore Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SkillStore shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

4.        Proprietary Rights.  SkillStore retains sole and exclusive ownership of all rights, title and interests in the Service, the site, any related content, assessments, surveys, role-play scenarios, tests, questions, or other information or materials, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that SkillStore will have no obligation to provide you with any support or maintenance in connection with the Site or Service.  Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only (except that you may use the service for your own internal business purposes in accordance with these Terms) and as permitted by the features of the Service. SkillStore reserves all rights not expressly granted herein in the Service and the SkillStore Content (as defined below). SkillStore may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Service, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not create applications for personal use or for profit that access our services, Application Programming Interfaces, or data; d) you shall not use our Application Programming Interfaces without explicit permission; (e) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (f) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof.

 

5.       Content. SkillStore may enable you to add, create, submit, distribute or post certain content, including, without limitation, resumes, certifications, qualifications, or may allow you to create certain content by taking certain tests, assessments,  and/or participating in role-plays and/or evaluations  (“User Content”) through the Service. By submitting or creating any User Content on or through the Service, you (a) acknowledge that you are publishing such User Content, and that you may be identified publicly by your User name in association with such User Content; (b) understand that whether or not such User Content is published, SkillStore does not guarantee, and is not under any obligation of, confidentiality with respect to any User Content, and agree that any User Content provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize SkillStore and users of the Service to use all intellectual property rights in and to any User Content, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your User Content does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy; (e) grant SkillStore a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the User Content in order to provide the Service and for SkillStore’s business purposes; (f) without limiting subsection (d) above, agree that SkillStore shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any User Content submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such User Content, or if SkillStore is concerned that you may have violated these Terms), or for no reason.  You further acknowledge and agree that you shall be solely responsible for any User Content submitted by you and to the consequences of posting or publishing such User Content, and you waive any “moral rights” in such User Content. SkillStore may remove any User Content at any time in its discretion.  Notwithstanding the foregoing,  User Content shall not mean any data, content, works, or information provided by User to the extent that such information has been anonymized or aggregated by SkillStore or its representatives such that it does not identify any particular individual or entity, and SkillStore shall own all rights to such deidentified data, content, works, and information.  SkillStore shall additionally own any performance data, analysis, scores, or results derived from the User Content and/or any assessments or tests taken by you.

 

6.       Payment.  Currently you may use the Service without charge, although SkillStore may change that at any time upon notice.

 

7.       Feedback. If you provide SkillStore with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to SkillStore all rights in such Feedback and agree that SkillStore shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  SkillStore will treat any Feedback you provide to SkillStore as non-confidential and non-proprietary.  You agree that you will not submit to SkillStore any information or ideas that you consider to be confidential or proprietary.

 

8.       External Websites. The Site may contain links to third-party websites, some of which may be displayed as a link within our own website (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked or framed External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked or framed External Websites, you do so at your own risk.

 

9.       Indemnity. You agree to defend, indemnify and hold harmless SkillStore and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Contents or any content or information that is submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

10.    No Warranty. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SKILLSTORE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

11.    Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKILLSTORE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKILLSTORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO SKILLSTORE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

 

12.    Changes to the Terms. These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.  Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site.  These changes will be effective immediately for new users of our Site or services.  Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes.  If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.  Continued use of our Site, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

13.    Termination. SkillStore may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending SkillStore an email to support@skillstore.com specifying your request and providing SkillStore with your name and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and SkillStore may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

 

14.    Security. We care about the security of our users. While we work to protect the security of your content and account, SkillStore cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

 

15.    Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.  If you believe that SkillStore has not adhered to these Terms, please contact SkillStore by e-mail at support@skillstore.com.  We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.  If you and SkillStore are unable to reach a resolution to the dispute, you and SkillStore will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and SkillStore agree that any arbitration will be limited to the dispute between SkillStore and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SKILLSTORE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and SkillStore otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

 

16.    Entire Terms. These Terms constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to SkillStore is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SkillStore’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  The terms and conditions set forth in these Terms shall be binding upon assignees.

 

17.    Copyright/Trademark Information. Copyright © 2014, SkillStore, Inc.  All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

 

18.    Contact Information. SkillStore welcomes your comments or questions regarding these Terms.  Please e-mail us at support@skillstore.com or contact us at the following address or phone number: