By using products, software, services, forums or websites of Skills & Knowledge ("Skills & Knowledge products"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.scoolwork.com/terms.htm.
1. Use of Products
Skills & Knowledge, its subsidiaries, employees, and affiliated companies ("Skills & Knowledge") offer Skills & Knowledge products to you, provided that you are not a person barred from receiving products under the laws of the United States or other applicable jurisdiction. In order to access certain products, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Skills & Knowledge products. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Skills & Knowledge of any unauthorized use of your password or account or any other breach of security. Skills & Knowledge cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. Appropriate Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Skills & Knowledge products may download, request, or otherwise obtain content from the internet or your own computer at your request. You understand that by using Skills & Knowledge products you may be exposed to Content that is offensive, indecent or objectionable, and that you use Skills & Knowledge products at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Skills & Knowledge products and for any consequences thereof. You agree to use Skills & Knowledge products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Skills & Knowledge products or servers or networks connected to Skills & Knowledge products. To report any activity or Content that may violate the Terms, please contact Skills & Knowledge.
In addition to this agreement, your use of some specific Skills & Knowledge products is governed by the policies or guidelines specific to those products, and which are specifically incorporated into this agreement.
By using Skills & Knowledge products, you acknowledge and agree that Skills & Knowledge may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Skills & Knowledge, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of Skills & Knowledge products, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or products.
4. Proprietary Rights
Skills & Knowledge's Rights
You acknowledge and agree that Skills & Knowledge products and any necessary software used in connection with Skills & Knowledge products ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You acknowledge and agree that sCoolWork™, and any other brand displayed or referenced by Skills and Knowledge are the sole property of Skills and Knowledge and is protected by Trademark laws and other intellectual property laws. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Skills & Knowledge products is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Skills & Knowledge or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Skills & Knowledge products or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms and applicable License Agreements, Skills & Knowledge grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Skills & Knowledge in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Skills & Knowledge products. You agree not to access Skills & Knowledge products by any means other than through the interface that is provided by Skills & Knowledge for use in accessing Skills & Knowledge products except as specifically authorized in a separate written agreement.
Except as expressly authorized by Skills & Knowledge you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Skills & Knowledge's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Skills & Knowledge products or Software.
Skills & Knowledge claims no ownership or control over any Content submitted, posted or displayed by you on or through Skills & Knowledge products. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Skills & Knowledge products and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Skills & Knowledge products which are intended to be available to the members of the public, you grant Skills & Knowledge a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Skills & Knowledge products for the purpose of displaying, distributing and promoting Skills & Knowledge products. Skills & Knowledge reserves the right to syndicate Content submitted, posted or displayed by you on or through Skills & Knowledge products and use that Content in connection with any product offered by Skills & Knowledge. Skills & Knowledge furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
5. PURCHASE AND PAYMENT
You may purchase software and/or services from Skills & Knowledge ("Paid Services") which may be provided as a one-time transaction or recurring subscription in connection with Skills & Knowledge products or as additional services. Such Paid Services may be provided solely by us or in collaboration with affiliates or business partners. You may be presented with additional terms related to a specific purchase before you confirm such transaction. Those additional terms will also govern that transaction.
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize Skills & Knowledge to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your account with Skills & Knowledge. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Skills & Knowledge may be shared by Skills & Knowledge with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Skills & Knowledge and servicing your account.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay Skills & Knowledge all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with these Terms and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) Skills & Knowledge may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Skills & Knowledge reserves the right to either suspend or terminate your account with Skills & Knowledge, including deletion of your Content. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Skills & Knowledge within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
6. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Skills & Knowledge will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. Skills & Knowledge Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Skills & Knowledge products, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. In the event of a conflict between the Terms and the license agreement of Software, the license agreement shall have precedence.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Skills & Knowledge has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Skills & Knowledge products. You acknowledge that Skills & Knowledge may have set no fixed upper limit on the number of transmissions you may send or receive through Skills & Knowledge products or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Skills & Knowledge products, including upon receipt of a certificate or other legal document confirming your death, Skills & Knowledge will close your account and you will no longer be able to retrieve content contained in that account.
8. MODIFICATIONS TO PRODUCT
Skills & Knowledge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Skills & Knowledge products (or any part thereof) with or without notice. You agree that Skills & Knowledge shall not be liable to you or to any third party for any modification, suspension or discontinuance of Skills & Knowledge products.
You may discontinue your use of Skills & Knowledge products at any time. You agree that Skills & Knowledge may at any time and for any reason, including a period of account inactivity, terminate your access to Skills & Knowledge products, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Skills & Knowledge products, your account or any files or other content contained in your account. Sections 9 (Termination), 11 (Indemnity), 12 (Disclaimer of Warranties), 13 (Limitations of Liability), 14 (Exclusions and Limitations) and 17 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
10. ADVERTISEMENTS AND PROMOTIONS
Some Skills & Knowledge products are supported by advertising revenue and may display advertisements and promotions on the product. Such advertisements may be targeted to the content of information stored on the Skills & Knowledge products, queries made through Skills & Knowledge products or other information. The manner, mode and extent of advertising by Skills & Knowledge on its products are subject to change. As consideration for your use of Skills & Knowledge products, you agree that Skills & Knowledge may place such advertising and that Skills & Knowledge shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Skills & Knowledge products or your subsequent dealings with advertisers.
Skills & Knowledge products may provide, or third parties may provide, links to other World Wide Web sites or resources. Skills & Knowledge may have no control over such sites and resources and you acknowledge and agree that Skills & Knowledge is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Skills & Knowledge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or products available on or through any such site or resource.
You agree to hold harmless and indemnify Skills & Knowledge, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Skills & Knowledge and Partners") from and against any third party claim arising from or in any way related to your use of Skills & Knowledge products, violation of the Terms or any other actions connected with use of Skills & Knowledge products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Skills & Knowledge will provide you with written notice of such claim, suit or action.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF SKILLS & KNOWLEDGE PRODUCTS IS AT YOUR SOLE RISK. SKILLS & KNOWLEDGE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKILLS & KNOWLEDGE AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SKILLS & KNOWLEDGE AND PARTNERS DO NOT WARRANT THAT (i) SKILLS & KNOWLEDGE PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) SKILLS & KNOWLEDGE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SKILLS & KNOWLEDGE PRODUCTS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CTEDVELOPING PRODUCTS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SKILLS & KNOWLEDGE PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKILLS & KNOWLEDGE OR THROUGH OR FROM SKILLS & KNOWLEDGE PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKILLS & KNOWLEDGE AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKILLS & KNOWLEDGE OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SKILLS & KNOWLEDGE PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SKILLS & KNOWLEDGE PRODUCTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SKILLS & KNOWLEDGE PRODUCTS; OR (v) YOUR INABILITY TO ACHIEVE ANY DESIRED RESULT FROM SKILLS AND KNOWLEDGE PRODUCTS; OR (vi) ANY OTHER MATTER RELATING TO SKILLS & KNOWLEDGE PRODUCTS.
15. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Skills & Knowledge may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Skills & Knowledge products.
18. GENERAL INFORMATION
The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Skills & Knowledge and govern your use of Skills & Knowledge products, superseding any prior agreements between you and Skills & Knowledge for the use of Skills & Knowledge products. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Skills & Knowledge products, affiliate products, third-party content or third-party software.
Waiver and Severability of Terms.
The failure of Skills & Knowledge 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 the other provisions of the Terms remain in full force and effect.