Last revised: October 1, 2015
1. Introduction.
Welcome to the websites and online services of Skill Set Analytics Inc. ("Skill Set Analytics," "we," or "us"). These Terms of Use explain the terms and conditions by which you may use our online and/or mobile services, and web sites, in connection with www.Skillsetanalytics.com, and Skill Set Analytics related sites and applications owned and operated by [Legal Name] (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service. This Agreement includes the Skill Set Analytics Privacy Policy, which is incorporated herein.
We reserve the right to amend this Agreement (including the Privacy Policy) at any time by notifying you as provided in this Agreement. If we significantly amend this Agreement, we will give you at least seven (7) days notice before the changes take effect by sending a notice to the email address registered in your account, or by placing a prominent notice on our websites, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use or Privacy Policy, do not use or access (or continue to access) the Service. This Agreement applies to all employers, candidates, visitors, employees (whether new or existing), and others who access the Service ("Users").
Certain Users may use the Service in order to evaluate candidates by using the Service to test candidates in simulations run on the Service. If you use the Service to evaluate candidates, you are an "Employer." Section 9 of this Agreement contains specific provisions applicable to you if you are using the Service as an Employer. Please review the terms of Section 9 carefully.
Certain Users may use the Service in order to be evaluated by Employers on simulations run by Employers on the Service. If you use the Service to be evaluated by the Employer, you are a "Candidate." Section 8 of this Agreement contains specific provisions application to you if you are using the Service as a Candidate. Please review the terms of Section 8 carefully.
This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Skill Set Analytics and its affiliates to binding and final arbitration. You will only be permitted to pursue claims against Skill Set Analytics on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. Use of Our Service
A. Eligibility
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with Skill Set Analytics, and only in compliance with this Agreement 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 this Agreement. The Service is not available to any Users previously removed from the Service by Skill Set Analytics, unless we provide such Users with specific written authorization to re-use the Service. If you use Skill Set Analytics on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. You must not be a competitor of Skill Set Analytics or use our Service for reasons that are in competition with Skill Set Analytics.
B. Service Functionality
The Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of Users, such as Candidates and Employers. You may never use another User's account without permission.
By providing Skill Set Analytics your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account page or by following the opt-out instructions in the message. By using the Service, you give us permission to store your information on the Service and to share your information with the Employer. By connecting to Skill Set Analytics with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
By using the Service, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Service by Users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Candidates or Employers. We do not refer or recommend either Candidates or Employers, nor do we make any representations about the integrity, responsibility or actions of Candidates or Employers whether in public, private or offline interactions.
C. User Accounts
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Service by changing the settings in your Settings page. When creating your account or uploading information to the Service through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Skill Set Analytics immediately of any breach of security or unauthorized use of your account. Skill Set Analytics will not be liable for any losses caused by any unauthorized use of your account.
D. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) 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 Skill Set Analytics servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Skill Set Analytics grants the operators of public search engines revocable permission to use spiders to copy materials from Skillsetanalytics.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) 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.
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 (for paid services). 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 this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Skill Set Analytics Users, including Candidates if you are an Employer, and Employers if you are a Candidate. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Skill Set Analytics shall have no liability for your interactions with other Users, or for any User's action or inaction. Skill Set Analytics shall have no obligation to you to enforce this Agreement against any other User.
3. User Content
The Service may allow Users to post content such as job and company information, position information, logos, trademarks, comments, questions, and other content or information ("User Content").
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. You agree you will not transmit or transfer (by any means) information or software derived from the Service to foreign countries or certain foreign nations in violation of US export control laws. Skill Set Analytics reserves the right, but is not obligated, to reject and/or remove any User Content that Skill Set Analytics believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that Company's use of your User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Skill Set Analytics takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Skill Set Analytics shall not be liable for any damages you allege to incur as a result of User Content. Skill Set Analytics shall not have any obligation whatsoever to provide any User Content to a third party or to archive any User Content provided by you or any other User.
4. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Skill Set Analytics a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, list information regarding, edit, translate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones. The foregoing license, and our ability to use, transfer or share any personal information contained within any User Content, shall be subject to the Skill Set Analytics Privacy Policy in effect at the time that you post the applicable User Content. This license continues even if you stop using our Service, but some potions of our Service may offer you ways to access and remove content that has been provided to that portion of the Service. Also, in some of our Services, there are additional terms or settings that narrow the scope of our use of the content submitted in those Services. To the extent your User Content is a trademark or service mark protected by U.S. law, the foregoing license extends solely to the use by Skill Set Analytics to identify you as a Service User as contemplated by the Service and the feature by which you provide such trademark or service mark.
5. End User License Grant
A. Skill Set Analytics Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the Service. Skill Set Analytics reserves all rights not expressly granted herein in the Service and the Skill Set Analytics Content (as defined below). Skill Set Analytics may terminate this license at any time for any reason or no reason.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Skill Set Analytics Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Skill Set Analytics and its licensors. The information provided by the Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Skill Set Analytics or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. The Skill Set Analytics logos and service names are trademarks of Skill Set Analytics (the “Skill Set Analytics Marks”). Without Skill Set Analytics’ prior permission, you agree not to display or use Skill Set Analytics Marks in any manner. Nothing contained within the Service should be construed to grant any license or right to use any Skill Set Analytics Mark without the prior written consent of Skill Set Analytics. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Skill Set Analytics Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You agree that any feedback, comments, or suggestions you may provide regarding Skill Set Analytics or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Paid Services
A. Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. Skill Set Analytics may add new services for additional fees and charges, or amend fees and charges for existing services (whether or not such services are provided free of charge at the time the fees and charges are amended), at any time in its sole discretion. Any change to the Fee Schedule shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. No Refunds
You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that Skill Set Analytics suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
C. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases, transactions or other monetary transaction interactions.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Skill Set Analytics in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.
8. PROVISIONS SPECIFIC TO USERS THAT ARE CANDIDATES
The provisions of this Section 8 of the Agreement are specific to Users that use the Service as Candidates (including as Job Seekers). If you are using the Service as a Candidate, then in the event of a conflict between the provisions of this Section 8 and the rest of the Agreement, the provisions of this Section 8 will control.
A. Candidate Accounts
If you create a Candidate Account, you must be permitted to legally work within your applicable jurisdiction. If you are registering to be a Candidate, you may use your account only for yourself or individuals for whom you have legal authority to represent.
B. Evaluations
As a registered Candidate you will be able to be evaluated by Employers through the Service . Please note that once you have used the Service to be evaluated by an Employer, all information regarding your performance of the tasks and challenges on the Service and other applicable information will be shared with the applicable Employer. The tasks and challenges submitted on the Service are the sole responsibility of the Employer that posted them and you agree that Skill Set Analytics is in not liable in any way for the tasks and challenges and your performance of such tasks and challenges.
C. Interactions with Employers
You are solely responsible for your interactions with Employers that you contact, or that contact you, through the Service. Only list the contact information on the Service that you are comfortable disclosing to Employers.
Although Skill Set Analytics requests that Employers maintain the confidentiality of the Candidate information they receive through the Service, Skill Set Analytics cannot and does not guarantee that the information you provide to Employers through the Service will be held in confidence or properly secured by each applicable Employer. You agree that Skill Set Analytics is not responsible or liable for the conduct of any Employer.
9. PROVISIONS SPECIFIC TO USERS THAT ARE EMPLOYERS
The provisions of this Section 9 of the Agreement are specific to Users that use the Service as Employers. If you are using the Service as an Employer, then in the event of a conflict between the provisions of this Section 9 and the rest of the Agreement, the provisions of this Section 9 will control.
If you are an Employer, you agree that you will not use the Service to post or promote any position that contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Service to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting. When using the Service, you are responsible for ensuring that your use of the Service is in compliance with applicable law.
You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Candidate. You are also solely responsible for the tasks and challenges, including the contents thereof, posted on the Service.
A. Authorized Users
As an Employer, you are responsible for all activity, acts or omissions by any of your personnel that create an Account to use the Services (“Authorized Users”). Accounts may not be shared between different Employer personnel. Employer shall ensure that Authorized Users comply with this Agreement, and shall promptly notify Skill Set Analytics of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security. Employer shall cooperate with Skill Set Analytics with respect to: (i) investigation by Skill Set Analytics of any suspected or alleged violation of this Agreement and (ii) any action by Skill Set Analytics to enforce this Agreement. Skill Set Analytics may suspend or terminate an Authorized User’s access to the Services in the event that Skill Set Analytics reasonably determines that such Authorized User has violated this Agreement or appears likely to do so. Employer shall be liable to Skill Set Analytics for any violation of this Agreement by an Authorized User.
B. Removal of Content
You acknowledge and agree that Skill Set Analytics may, with no liability or penalty, remove any content, communication or information posted, which in the sole judgment of Skill Set Analytics, violates or may violate this Agreement, applicable laws, rules or regulations; may adversely affect Skill Set Analytics; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
10. Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States pursuant to the conditions specified in our Privacy Policy.
11. Security
Skill Set Analytics cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, the following:
• Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
12. Third-Party Links and Services
The Service may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by Skill Set Analytics. Skill Set Analytics does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Skill Set Analytics’ Privacy Policy do not apply to your use of such sites. You expressly relieve Skill Set Analytics from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Skill Set Analytics shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Permission must be granted by us for any type of link to the Service. To seek our permission, you may contact us. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Service, at our discretion at any time.
13. Not a Consumer Reporting Agency
Skill Set Analytics does not provide consumer reports and is not a consumer reporting agency. You may not use our Service or the information it may provide to make decisions about consumer credit, employers, insurance, tenant screening, or any other purposes that would require FCRA compliance.
14. Indemnity
You agree to defend, indemnify and hold harmless Skill Set Analytics 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: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, any tasks and challenges posted by Employers, the execution of any tasks and challenges by Candidates, or or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
15. No Warranty
SKILL SET ANALYTICS DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. 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, SKILL SET ANALYTICS, 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. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SKILL SET ANALYTICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY TASKS OR CHALLENGES POSTED BY A USER OR THE RESULTS OF ANY SUCH TASKS OR CHALLENGES PERFORMED BY A USER THROUGH THE SKILL SET ANALYTICS SERVICE, AND SKILL SET ANALYTICS.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKILL SET ANALYTICS, 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. UNDER NO CIRCUMSTANCES WILL SKILL SET ANALYTICS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKILL SET ANALYTICS 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 USER OR THIRD PARTY. IN NO EVENT SHALL THE TOTAL LIABILITY OF SKILL SET ANALYTICS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SKILL SET ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Skill Set Analytics makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
17. AGREEMENT TO ARBITRATE
A. Binding Arbitration
This Section 17 is referred to in this Agreement as the “Agreement to Arbitrate". Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and Skill Set Analytics or its affiliates, whether relating to the Service, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Skill Set Analytics. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Skill Set Analytics may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
B. Restrictions
You and Skill Set Analytics agree that any arbitration shall be limited to the Dispute between Skill Set Analytics and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
C. Exceptions to Informal Negotiations and Arbitration
You and Skill Set Analytics agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Skill Set Analytics intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
18. General
A. Governing Law and Location
The Service is controlled and operated by Skill Set Analytics from its offices within the State of California, United States of America. Skill Set Analytics makes no representation that materials on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Skill Set Analytics, either specific or general, in jurisdictions other than Florida. This Agreement and any Disputes shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. All arbitration and other litigation in a court of competent jurisdiction of any dispute between you and Skill Set Analytics related to this Agreement shall be located in Palo Alto, California.
B. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skill Set Analytics without restriction in whole or in part, whether by operation of law or otherwise. Any purported assignment by you in violation of this provision shall be void and of no effect. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors, assigns and licensees.
C. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
D. Notification Procedures
Skill Set Analytics may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Skill Set Analytics in our sole discretion. Skill Set Analytics reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Skill Set Analytics is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@skillsetanalytics.com to your email address book to help ensure you receive email notifications from us.
E. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Skill Set Analytics in connection with the Service, shall constitute the entire agreement between you and Skill Set Analytics concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
F. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Skill Set Analytics’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
G. Contact
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at support@skillsetanalytics.com, or send mail to:
Skill Set Analytics Inc.
222 N. Sepulveda Blvd.
El Segundo, CA 90245