Privacy Policy

Privacy Policy2018-01-23T17:18:09+00:00

Welcome to the Skills System, LLC website. Skills System’s site and network (collectively, Site or the Services) are operated and provided by Skills System, LLC (Skills System or we and us). By accessing or using our Site, which may include an e-commerce store, you (you or the User) signify that you have read, understand, and agree to be bound by these Terms of Use (Terms of Use or Terms), whether or not you are a registered member of our Site. Some Services may be subject to additional posted rules, policies and terms. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the Skills System Services.

We may change our Terms of Use from time to time. When you use these Services, you shall be subject to new or revised terms and conditions, which are incorporated into these Terms of Use (and, consequently, form part of your agreement with us). Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by any future Terms of Use, do not continue to access the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

You are responsible for all activities that occur under your account. You may be held liable for any losses incurred by Skills System or another party due to someone else using your account. You may not use anyone else’s account at any time.

 

Privacy

Please see our Privacy Policy for information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Services.

 

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Rules of Conduct

Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. You are responsible for sales, use, and similar taxes that may apply to your use of the Site and to any purchases.

You agree that you will make only lawful use of the Site, and will use the Site only in compliance with all federal, state and local laws and regulations. You agree that you will make no use of the Site that violates anyone else’s rights, including copyright, trademark, patient, trade secret, privacy, publicity or other rights.

In addition, you agree that you will not interfere with another user’s use and enjoyment of the Services; you will not interfere with or disrupt the security measures of the Services; you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks.

 

Proprietary Rights

All content on the Site and available through the Services, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, data, databases, compilations, proprietary information, and all copy-rightable and/or trademarked elements of the Site, and their selection and arrangement (the Site Content) (excluding any of your User content ) individually and/or collectively, are the proprietary property of Skills System, or its licensors with rights reserved.

 

Third Party Content

Our Site may contain links to other web sites (Third Party Sites) as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third parties (Third Party Applications or Content). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through our Site or any Third Party Applications or Content posted on, available through or installed from our Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us.

 

Risk of Loss

All items purchased from Skills System are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Termination

These Terms of Use shall remain in full force and effect while you use the Skills System Site. Skills System may restrict, suspend, or terminate your access to all or any part of our Site at any time and for any reason. These Terms of Service will remain in effect even after your membership is terminated.

Skills System also has the right to refuse, move, or remove any material that you submit on or through the Services, and to establish general practices and limits concerning use of the Services.

 

Indemnification

You hereby agree to indemnify, defend, and hold Skills System, its subsidiaries, affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licencors, representatives, licensees, and suppliers (the Parties), harmless from and against any and all liability, losses, expenses, damages, and costs, including attorney’s fees, incurred by any of the Parties in connection with any claim arising out of or relating to your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit, or make available through the Services, your violation or breach of any of these Terms, your connection to the Services, or your violation of the rights of any other person or entity.

 

WARRANTY DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICES AND THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, SKILLS SYSTEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. SKILLS SYSTEM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SKILLS SYSTEM CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SKILLS SYSTEM’S SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SKILLS SYSTEM’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES MADE AVAILABLE VIA THE SITE.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL SKILLS SYSTEM OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF SKILLS SYSTEM OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU OF SKILLS SYSTEM AND ANY OTHER PARTY EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

 

Choice of Law and Forum

These Terms of Use shall be controlled by the laws of the Commonwealth of Massachusetts, giving no effect to choice of law provisions. Any dispute relating to these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts in Boston, Massachusetts, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

 

Waiver and Severability of Terms

The failure of Skills System to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Terms of Use remain in full force and effect.

 

Assignment

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by Skills System or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

 

Entire Agreement

These Terms of Use, including the policies referred to in these Terms of Use, constitute the entire agreement between you and Skills System and govern your use of the Services, superseding any prior agreements between you and Skills System. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Skills System, affiliate Services, or Third-Party Applications or Content. These Terms of Use cannot be changed or terminated orally.

 

Notice

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Skills System at [email protected]. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.