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Description: Terms of use for SkillsRank
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<h1>Terms of Use</h1>

PLEASE READ THESE SKILLSRANK.COM WEBSITE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“WEBSITE”). SKILLSRANK AND ITS AFFILIATES (COLLECTIVELY, “SKILLSRANK”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY, “YOU”) SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER.
<p>
On this Website, SkillsRank may make available to You a wide range of: (i) information, downloads, documents, communications, files, text, photographs, graphics, music, video, messages, software, products, tools, and publications (collectively, “Content”); and (ii) bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable You to use and learn about SkillsRank's services (collectively, “Services”). By accessing this Website in any way (including, without limitation, browsing the Website), using any Content, using any Services, downloading or uploading any materials, and/or placing an order for products or services, You agree to and are bound by the terms of use described in these Terms. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify SkillsRank for violations of these Terms.
<p>
These Terms constitute the entire agreement between You and SkillsRank and govern Your use of the Website, and supersede any and all prior agreements, written or oral, between You and SkillsRank regarding the subject matter of these Terms (including, without limitation, any prior versions of these Terms). These Terms incorporate by reference, SkillsRank's Privacy Policy available at http://skillsrank.com/site/privacy. Portions of the Services may be governed by posted guidelines, rules or other terms and conditions. All such guidelines, rules and terms and conditions are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and such other guidelines, rules and terms and conditions, these Terms will control. Notwithstanding the foregoing, SkillsRank's Privacy Policy, discussed in the Privacy and Personal Information section below, supersede any conflicting terms in these Terms or any other guidelines, rules and terms and conditions regarding the subject matter covered by the Privacy Policy.
<p>
You may also be subject to additional terms and conditions that may apply when You use other SkillsRank services, SkillsRank  products or applications, third-party content or third-party software.

<p>

<h3>1. Your Conduct and Use of the Website</h3>

Unless otherwise expressly provided in these Terms, the Content and Services on this Website are for Your personal, informational, and non-commercial use, and You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such Content or Services without prior written permission from SkillsRank.
<p>
This Website is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Website, You represent and warrant that You are 13 or older, and that You agree to abide by all of the terms and conditions of these Terms. If You are younger than thirteen (13) years of age, Your use of the Services and access to the Website is subject to the consent of Your parent or legal guardian, which will be obtained in the manner prescribed by SkillsRank from time to time.
<p>
As a condition of Your use of the Content or Services, You agree that You will not use the Content or Services for any purpose that is unlawful or contrary to these Terms. You may not use the Content or Services in any manner that could damage, disable, overburden, or impair the Content or Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Content or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Content or Services.
<p>
SkillsRank has no obligation to monitor the Services. However, SkillsRank  reserves the right to review materials posted to the Services and to remove and/or edit any materials in its sole discretion. You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service.
<p>
You agree that You will not use the Website or the Services to:
<ul>
    <li> pretend to be SkillsRank or someone else, or spoof SkillsRank's or someone else’s identity;
    <li> transmit spam, bulk or unsolicited communications;
    <li> knowingly permit a third party to copy any content;
    <li> tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Website or Service;
    <li> forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services;
    <li> collect or store personal data about other users unless specifically authorized by such users;
    <li> harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    <li> misrepresent Your affiliation with a person or entity;
    <li> engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm;
    <li> disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website;
    <li> upload, post, transmit, share, store or otherwise make available any content unless You are authorized to do so;
    <li> register for more than one user account, register for a user account on behalf of an individual other than Yourself, or register for a user account on behalf of any group or entity;
    <li> upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers; or
    <li> solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
</ul>

You agree that SkillsRank would be irreparably harmed by the use, by You or others, of the Website or the Services in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms, and that SkillsRank  is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). SkillsRank reserves the right to block, filter or delete unsolicited e-mail.
<p>
SkillsRank reserves the right at all times to disclose any information as SkillsRank deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SkillsRank's sole discretion.
<p>
You understand that by using the Website, You may be exposed to Content from others that is offensive, indecent or objectionable.

<h3>2. User Accounts</h3>

As a user on the Website, You will represent Yourself accurately and truthfully at all times. You grant SkillsRank the right to independently verify any information that You provide to SkillsRank  about yourself, although SkillsRank does not routinely undertake any verification and does not have the obligation to do so. SkillsRank reserves the right to constitute classes of users of the Website, granting access to certain areas of the Website only to certain users.
<p>
For Services on the Website that require You to open an account, You must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and You will maintain and promptly update such information to keep it true, current, complete and accurate. During the registration process, You must also choose a user name and password. You are responsible for maintaining the confidentiality of any password(s) You are given to access any part of the Website. You are entirely responsible for any and all activities that occur under Your account, and agree to notify SkillsRank  immediately of any unauthorized use of Your account or any other breach of security. SkillsRank will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You may be responsible for losses incurred by SkillsRank or any other party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder. If You provide any information that is false, inaccurate, not current, incomplete, or SkillsRank has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, SkillsRank  may suspend or terminate Your account and refuse any and all current or future use of the Services or any portion thereof.
<p>

<h3>3. Fees</h3>

Use of the Website and/or access to certain Services provided through the Website may be subject to fees specified by SkillsRank from time to time. Such fees, and the Services associated with such fees, will be set forth on the Website. All fees must be paid by credit card in the manner specified by SkillsRank from time to time. Fees are non-refundable.

<h3>4. Content You Submit</h3>

You are solely responsible for all Content that You upload, post or otherwise transmit via the Website or the Services. You agree not to upload, post or otherwise transmit via the Website or the Services Content that: (a) includes unauthorized disclosure of personal information; (b) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to SkillsRank or other users of the Website; (c) is hateful or is discriminatory based on race, color, sex, religion, nationality or ethnic or national origin, marital status, disability, sexual orientation, or age; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (e) violates or infringes anyone's intellectual property rights.
<p>
Always use caution when giving out any personally identifiable information about Yourself or Your children in any Services. SkillsRank does not control or endorse the content, messages or information found in any Services and, therefore, SkillsRank specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Services.
<p>
SkillsRank does not claim ownership of the Content You place on the Website and has no obligation of any kind with respect to such Content. SkillsRank will be free to use or disseminate any Content You make available on publicly accessible areas of the Website on an unrestricted basis for any purpose, and You hereby grant SkillsRank and all other users of the Website an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish and otherwise exploit such Content (including in digital form) alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You represent and warrant that You have proper authorization for the worldwide transfer and processing among SkillsRank, its affiliates, and third-party providers of any Content that You may provide on the Website.
<p>
Please remember that any information and Content that is disclosed in public forums on the Website becomes public information and that information and Content posted to shared sites also may be subject to public disclosure. You should exercise caution when deciding to disclose Your personal information and other Content. You may use an alias when posting personal information on the message boards.
<p>
No compensation will be paid with respect to the use of Your Content that You make available on publicly accessible or shared access areas of the Website. SkillsRank is under no obligation to post or use any Content You may provide in publicly available areas of the Website and SkillsRank may remove any such Content at any time in its sole discretion.
<p>
By placing any Content on the Website You represent and warrant that: (a) You are the copyright owner of such Content, or that the copyright owner of such Content has granted You permission to use such Content or any content and/or images contained in such Content consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Website; (b) You have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Content, if any, has provided all required consent to the use of the Content as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content.
<p>
This section is not applicable to any personally identifiable information that You provide in connection with Your registration for the Services. For terms and conditions governing the use of such information and for more information on how the Services work, please refer to SkillsRank's Privacy Policy http://skillsrank.com/site/privacy.
<p>
Unless SkillsRank has entered into a separate written agreement with You that explicitly states to the contrary, You agree that any information, feedback, questions, comments or the like that You provide to SkillsRank in connection with this Website or the Services (“Submissions”) will be deemed to be provided to SkillsRank on a non-confidential and non-proprietary basis and will become and remain the property of SkillsRank. SkillsRank has no obligations of any kind with respect to any Submissions and is free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that SkillsRank  is free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.
<p>
NEITHER SKILLSRANK NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SKILLRANK'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SKILLSRANK. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SKILLSRANK OR ANYONE AT SKILLSRANK. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SKILLSRANK MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
<p>
You agree to indemnify, defend and hold SkillsRank, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your Content, Your use of the Website, including any use by Your employees, or any other person accessing the Website as your invitee by using Your user account, Your connection to the Website, Your violation of the Terms, or Your violation of any rights of another.


<h3>5. Notices; Modification of Terms and/or Services</h3>

SkillsRank may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. SkillsRank reserves the right at any time to modify, suspend or terminate the Services or Content (or any part thereof), and/or Your use of or access to them, with or without notice. SkillsRank will not be liable to You or any third party for any modification, suspension, or termination of the Services or Content, or loss of related information.
<p>
SkillsRank  may wish to update or change the terms, conditions, and notices for the Website or the Services from time to time to reflect changes in the Website or the Services, changes in the laws affecting the Website or the Services, or for other reasons. You understand that SkillsRank reserves the right to make these changes and that You are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Website or the Services after any such change will constitute Your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Website or the Services will be subject to the Terms, as modified from time to time. No modification of the Terms will be binding on SkillsRank unless posted by SkillsRank, or unless in writing and signed by a person authorized to act on behalf of SkillsRank.


<h3>6. Content Provided via Third Party Links</h3>

This Website may provide links to other websites by allowing the user to leave this Website to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Website”). SkillsRank has no discretion to alter, update, or control the content on a Linked Website, and is not responsible if any Linked Website is not working appropriately. SkillsRank  is not responsible for webcasting or any other form of transmission received from Linked Websites. SkillsRank is providing these links to You as a convenience only, and SkillsRank's provision of a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the Internet, and You are responsible for understanding these risks before using, retrieving, or relying upon any such information from a Linked Website. You acknowledge and agree that SkillsRank is not responsible for the availability of Linked Websites, and is not responsible or liable for any content, advertising, products, or other materials, on or available from Linked Websites. SkillsRank  will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.
<p>
SkillsRank may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than SkillsRank  found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. SkillsRank is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- SkillsRank advertisers on the Website.


<h3>7. Intellectual Property Rights</h3>

All materials contained in the Website are the copyrighted property of SkillsRank, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SkillsRank, or affiliated companies and/or third-part licensors.
<p>
Except as expressly authorized in writing by SkillsRank or by Content providers, You will not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software SkillsRank  discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
<p>
SkillsRank  may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services. Except as expressly provided in these Terms, the provision of the Services and the furnishing of such Web pages to You does not give You any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved to SkillsRank and its licensors.
<p>
“SkillsRank Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations SkillsRank  uses in connection with its products and services, including, but not limited to, “SkillsRank”. SkillsRank Trademarks should only be used pursuant to SkillsRank's Trademark Usage Guidelines as provided in writing by SkillsRank  to You. You may not remove or alter any SkillsRank Trademarks, or co-brand Your own products or material with SkillsRank Trademarks, without SkillsRank's prior written consent. You acknowledge SkillsRank  rights in SkillsRank Trademarks and agree that any use of SkillsRank Trademarks by You will inure to SkillsRank's sole benefit. You agree not to incorporate any SkillsRank Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. Nothing in these Terms gives You the right to use any SkillsRank Trademarks.
<p>
Any software which is downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

<h3>8. Disclaimer of Warranties</h3>

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK UNLESS EXPLICITLY STATED OTHERWISE. THE WEBSITE, INCLUDING THE SERVICES AND CONTENT, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SKILLSRANK DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SKILLSRANK MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICES.
<p>
SKILLSRANK MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS ; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.
<p>
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. SKILLSRANK ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.
<p>
SKILLSRANK DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY, (b) ANY CONTENT PROVIDED ON LINKED WEBSITES, OR (c) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.
<p>
SKILLSRANK MAY MAKE CHANGES TO THE WEBSITE, SERVICES, INFORMATION, SOFTWARE, CONTENT, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
<p>
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL SKILLSRANK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.


<h3>9. Termination and Restriction of Your Access</h3>

SkillsRank reserves the right, in its sole discretion, to terminate or suspend Your access to the Services or Website or any portion thereof at any time for any reason, without notice.
<p>
SkillsRank may also terminate or suspend Your access to the Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by SkillsRank in its sole discretion. Upon termination of Your account, Your right to use the Services immediately ceases and You remain liable for all payments and any other obligations You incurred through the date of termination for Your use of the Services or Website. In the event that this agreement is terminated for any reason, the rights and obligations which by their nature should survive will remain in full force and effect after termination of this agreement.

<h3>10. Limitation of Liability</h3>

TO THE FULL EXTENT PERMITTED BY LAW, SKILLSRANK, ITS AFFILIATES, AND ANY OTHER OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF SKILLSRANK HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) 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 THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
<p>
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKILLSRANK'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
<p>
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

<h3>11. Privacy and Personal Information</h3>

You consent to the collection, processing and storage by SkillsRank of Your personal information in accordance with the terms of SkillsRank's Privacy Policy, which is available at http://www.skillsrank.com/site/privacy. You agree to comply with all applicable laws and regulations, and the terms of SkillsRank's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Website.


<h3>12. Notice for Making Claims of Copyright Infringement</h3>

SkillsRank respects the intellectual property rights of third parties. SkillsRank will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for the Website:
E-mail address:
dmca@skillsrank.com
<p>
To be effective, the notification must include the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

<h3>13. Applicable Law</h3>

California law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and SkillsRank agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California, U.S.A.
<p>
SkillsRank  makes no representation that the content in this Website is appropriate for access outside of the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.

<h3>General Terms</h3>

You may not assign or otherwise transfer the Terms or any right granted hereunder.
<p>
You agree that any material breach of these Terms may result in irreparable harm to SkillsRank for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, SkillsRank will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if SkillsRank  seeks such an injunction.
<p>
Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or Your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct products from this Website to prohibited countries and entities identified in the U.S. export regulations.
<p>
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
<p>
SkillsRank's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of SkillsRank's right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by SkillsRank with respect to such use.
<p>
A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


</div>

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