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Acceptance of terms
SkillsNET® ("SkillsNET") makes this Web site (the "Site"), including all information,
documents, communications, files, text, graphics, software, products, and web-services
available through the Site (collectively, the "Materials") and all services operated
by SkillsNET and authorized third parties through the Site (collectively, the "Services"),
available for your use subject to the terms and conditions set forth in this document
and any changes to this document that SkillsNET may publish from time to time (collectively,
the "Terms of Use").
By accessing
or using this Site in any way, including, without limitation, use of any of the
Services, downloading of any Materials, or merely browsing the Site, you agree to
and are bound by the Terms of Use.
SkillsNET
reserves the right to change the Terms of Use and other guidelines or rules posted
on the Site from time to time at its sole discretion, and will provide notice of
material changes on the homepage and or splash screen of the Site. Your continued
use of the Site, or any Materials or Services accessible through it, after such
notice has been posted constitutes your acceptance of the changes. Your use of the
Site will be subject to the most current version of the Terms of Use, rules, and
guidelines posted on the Site at the time of such use. You should periodically check
the "Terms of Use" link on the Site's home page to view the then-current terms.
If you breach any of the Terms of Use, your authorization to use this Site automatically
terminates, and any Materials downloaded or printed from the Site in violation of
the Terms of Use must be immediately destroyed.
Intellectual property; limited license to users
The Materials , Services, Business Practices and Processes on this Site, as well
as their selection and arrangement, are protected by copyright, trademark, patent,
and/or other intellectual property laws, and any unauthorized use of the Materials
or Services at this Site may violate such laws and the Terms of Use. Except as expressly
provided herein, SkillsNET and its suppliers do not grant any express or implied
rights to use the Materials and Services. You agree not to copy, republish, frame,
download, transmit, modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative works based on the Site, its
Materials, or its Services or their selection and arrangement, except as expressly
authorized herein. In addition, you agree not to use any data mining, robots, or
similar data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered by SkillsNET,
you shall be subject to any posted guidelines, rules, or licenses applicable to
such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain
terms and conditions in addition to those in the Terms of Use. In addition to the
Materials and Services offered by SkillsNET, this Site also may make available materials,
information, and services provided by third parties (collectively, the "Third-Party
Services"). The Third-Party Services are governed by separate license agreements
that accompany such services. SkillsNET offers no guarantees and assumes no responsibility
or liability of any type with respect to the Third-Party Services, including any
liability resulting from incompatibility between the Third-Party Services and the
Materials and Services offered by SkillsNET. You agree that you will not hold SkillsNET
responsible or liable with respect to the Third-Party Services or seek to do so.
Use of software and or web-services. The software/web-services and accompanying
documentation that is made available for remote use or for download from this Site
is the copyrighted and/or patented work of SkillsNET and/or its suppliers. Use of
the software/web-services is governed by the terms of the license agreement that
accompanies or is included with such software. Such terms are available for review
and are incorporated herein by this reference. You will not be able to download,
run or install any software that is accompanied by or includes a license agreement
unless you agree to the terms of such license agreement. If you do not agree to
such terms, you will not be able to use the software. Absent a license agreement
that accompanies the software, use of the software will be governed by the Terms
of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt
to discover the source code of the software available on the Site, or otherwise
use the software
Trademark and Servicemark information
The trademarks, logos, and service marks ("Marks") displayed on this Site are the
property of SkillsNET or other third parties. You are not permitted to use the Marks
without the prior written consent of SkillsNET or such third party that may own
the Marks. SkillsNET® and the SkillsNET logo are trademarks of SkillsNET.
For a current
list of SkillsNET's Marks, as well as certain third-party Marks, please refer to
trademark information.
License to SkillsNET for User Content
Certain Services offered through this Site accommodate or require User Content.
Depending upon the nature of the Service, by submitting User Content to this Site,
you grant SkillsNET one of the following types of licenses:
- For User Content that is the result of your efforts
and which is intended to be displayed on the Site, such or otherwise stored on SkillsNET
hardware or equipment, you grant SkillsNET a worldwide, royalty-free, non-exclusive
license to modify (for purposes of formatting, maintenance, or Site administration
only) and reproduce such User Content unless otherwise agreed to in writing. You
also grant SkillsNET the right to distribute and publicly display and perform such
User Content for the purpose for which such User Content was submitted to the Site.
This license will be in effect until such User Content is removed from the Site,
and/ or until a written request for such content has been received and processed.
- For User Content such as comments to the SkillsNET
System, bug reports, piracy reports, or product suggestions, you grant SkillsNET
and the users of this Site an unrestricted, worldwide, irrevocable license to use,
reproduce, display, perform, modify, transmit, and distribute such User Content,
and you also agree that SkillsNET is free to use any ideas, concepts, know-how,
or techniques that you send us for any purpose without any compensation to you,
and that we may also seek to obtain the appropriate for of intellectual property
protection thereon and will be authorized to do so without any further releases
or assignments from you. However, we will not release your name or otherwise publicize
the fact that you submitted such User Content to us unless: (a) you grant us permission
to do so; (b) we first notify you that the User Content you submit to a particular
part of the Site will be published or otherwise used with your name on it; (c) we
have a good faith belief that we are required to do so by law and/or in response
to a subpoena or court order; or (d) we believe it necessary in order to protect
the rights of SkillsNET or others.
Prohibited communications
You may submit only User Content to the Site that is (a) owned by you, (b) submitted
with the express permission of the owner or within the scope of the license to such
content, or (c) in the public domain. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other materials that would violate
any law or the rights of others, including, without limitation, laws against copyright
infringement, and rights of privacy and publicity. Violation of these restrictions
may result in denial of or limitations on access by you to this Site.
User conduct
In using the Site, including all Services and Materials available through it, you
agree:
- not to disrupt or interfere with any other user's
enjoyment of the Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through
the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password,
service, or system without authorization from SkillsNET;
- not to access or attempt to access any SkillsNET software
which you are not authorized to access;
- not to disrupt or interfere with the security of,
or otherwise cause harm to, the Site, or any Services, Materials, system resources,
accounts, passwords, servers, or networks connected to or accessible through the
Site or any affiliated or linked sites.
Managing content and communications
Although it is not our intention to do so, SkillsNET reserves the right, in its
sole discretion, to delete or remove User Content from the Site and to restrict,
suspend, or terminate your access to all or part of this Site, at any time if we
have cause to do so (including, without limitation, our good faith belief that you
have violated the Terms of Use) without prior notice or liability. In addition,
SkillsNET reserves the right to delete or remove User Content if the relevant subscription
has expired or lapsed or if SkillsNET has a good faith belief that the user posting
such has violated these Terms of Use, or any law or regulation, or that such deletion
or removal is necessary to comply with the law or to protect the rights of SkillsNET
or others.
To the maximum
extent permitted by law, SkillsNET will have no liability related to User Content
or arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
SkillsNET also disclaims all liability with respect to the misuse, loss, modification,
or unavailability of any User Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number,
account name, and/or password, if applicable. You are responsible for damages resulting
from all uses of your account number, account name, and/or password, whether actually
or expressly authorized by you, unless access to your account number, account name,
and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SKILLSNET
OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS
SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE (EXCEPT WHERE EXPRESSLY INCLUDED AS PART OF A SEPARATE AGREEMENT) , OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SKILLSNET MAKES NO
WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL
BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY
DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE
COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
SKILLSNET MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING
THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND SKILLSNET MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND
AND ACKNOWLEDGE THAT (i) SKILLSNET DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY
FOR ANY CONTENT, PRODUCTS, OR SERVICES THAT MAY BE OFFERED BY THIRD PARTIES THROUGH
THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE
THROUGH LINKS ON THE SITE; (ii) SKILLSNET MAKES NO REPRESENTATION OR WARRANTIES
WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii)
ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv)
SKILLSNET SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES
OFFERED BY THIRD PARTIES.
THE USE
OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER
HARM THAT RESULTS FROM SUCH ACTIVITIES. SKILLSNET ASSUMES NO LIABILITY FOR ANY COMPUTER
VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE
SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKILLSNET OR
THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
OF USE.
SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. TO THE EXTENT THAT IMPLIED WARRANTIES ARE LIMITED AS SUCH, ANY SUCH IMPLIED
WARRANTIES LAST A MAXIMUM OF NINETY (90 ) DAYS.
International users
This Site can be accessed from countries around the world and may contain references
to SkillsNET products, services, and programs that are not available in your country.
These references do not imply that SkillsNET intends to announce such products,
services, or programs in your country.
The Site is controlled, operated, and administered by SkillsNET from its offices
within the
United States of America
. SkillsNET makes no representation that the Site, or the Services or Materials
available through it, are appropriate or available for use at other locations outside
the
United States
, and access to the Site from territories where the Site or any of its Services
or Materials are illegal is prohibited. If you access the Site from a location outside
the
United States
, you are responsible for compliance with all local laws. See the section on export
control laws, below, for further information.
Personal information and privacy
To learn about how SkillsNET protects your personal information, such as your name
and address, refer to the SkillsNET Online Privacy Policy. Except as set forth in the Privacy
Policy or in the Terms of Use, your personal information will be deemed to be confidential.
With the exception of certain types of User Content, any non-personal information
or material sent to SkillsNET will generally be deemed to NOT be confidential. You
understand and agree that we may disclose information about you if we have a good
faith belief that we are required to do so by law or legal process, to respond to
claims, or to protect the rights, property, or safety of SkillsNET or others, or
as stated in our Privacy Policy.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SKILLSNET, ITS SUBSIDIARIES,
AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SKILLSNET HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES,
OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE,
ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT,
ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY
WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET
FORTH
ABOVE MAY NOT APPLY TO YOU.
Notification of copyright infringement
If you believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site or on sites
linked to from this Site, please provide SkillsNET’s Copyright Agent a Notice containing
the following elements:
- a physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest that is alleged to have
been infringed;
- a description of the copyrighted work or works that
you claim have been infringed and identification of what material in such work(s)
is claimed to be infringing and which you request to be removed or access to which
is to be disabled;
- a description of where the material that you claim
is infringing is located on the SkillsNET site;
- information sufficient to permit SkillsNET to contact
you, such as your physical address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief
that the use of the material identified in your Notice in the manner complained
of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice
is accurate and, under penalty of perjury, that you are the copyright owner or authorized
to act on the copyright owner's behalf.
SkillsNET's
Copyright Agent for Notice of claims of copyright infringement can be reached as
follows:
By mail:
Attention: Copyright Agent
3295 North Highway 77
Waxahachie, TX 75165
By telephone:
972.923.2950
E-mail:
darrel.sandal@skillsnet.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN
USED OR COPIED
IN A WAY
THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS
SITE OR ON SITES LINKED TO FROM THIS SITE.
Export control laws; notice to U.S. government users
The export and re-export of SkillsNET software products and web-services are controlled
by the United States Export Administration Regulations, and such software may not
be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria,
or any country to which the United States embargoes goods. In addition, SkillsNET
software may not be distributed to persons on the Table of Denial Orders, the Entity
List, or the List of Specially Designated Nationals.
By downloading
an SkillsNET software product you are certifying that you are not a national of
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the
United States embargoes goods, and that you are not a person on the Table of Denial
Orders, the Entity List, or the List of Specially Designated Nationals.
All SkillsNET
products and publications are commercial in nature. The software and documentation
available on this Site are "Commercial Items," as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer
Software Documentation are licensed to U.S. Government end users (A) only as Commercial
Items and (B) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein.
Indemnity and liability
You agree to indemnify and hold SkillsNET, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of content you submit, post to, or transmit through the Site (including,
without limitation, any User Content or computer viruses), your use of the Site,
your connection to the Site, or your violation of any rights of another person or
entity.
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by SkillsNET from its offices within
the State of
Texas
,
United States of America
. By accessing this Site, you and SkillsNET agree that all matters relating to your
access to, or use of, this Site shall be governed by the statutes and laws of the
State of
Texas
, without regard to the conflicts of laws principles thereof. You and SkillsNET
also agree and hereby submit to the exclusive personal jurisdiction and venue of
the Dallas County, Texas and the appropriate United States District Court with respect
to such matters.
Language
It is the express wish of the parties that the Terms of Use and all related documents
have been drawn up in English.
The Terms of Use and other rules, guidelines, licenses,
and disclaimers posted on the Site constitute the entire agreement between SkillsNET
and you with respect to your use of the Site. If for any reason a court of competent
jurisdiction finds any provision of the Terms of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties as reflected by that provision, and the
remainder of the Terms of Use shall continue in full force and effect. Any failure
by SkillsNET to enforce or exercise any provision of the Terms of Use or related
right shall not constitute a waiver of that right or provision. The section titles
used in the Terms of Use are purely for convenience and carry with them no legal
or contractual effect.
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