WEB SITE TERMS AND CONDITIONS OF USE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE. YOUR CONTINUED USE OF THE SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS OF USE.
This web site ('Site') and any content and services made available from or through this Site is offered to you/user conditioned upon your acceptance without modification of the terms and conditions contained herein ('Terms of Use'). SkillSoft may revise these Terms of Use at any time by updating this posting. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by SkillSoft from its offices within the United States. SkillSoft makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS SITE.
PROPRIETARY RIGHTS
As between you and SkillSoft. SkillSoft owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on or through the Site.
LIMITED LICENSE
You may access and view the content on the Site on your computer or other device and, unless otherwise indicated in these Terms of Use or on the Site, make single copies or prints of the content on the Site for your personal, internal use only. Use of the Site and the services made available on or through the Site, are only for your personal, non-commercial use.
USE RESTRICTIONS AND PROHIBITED CONDUCT
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of SkillSoft or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Site. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
While using the Site and the services made available on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use the Site or the services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services; (c) use the Site or the services in violation of SkillSoft's or any third party's intellectual property or other proprietary or legal rights; (d) use the Site or the services in violation of any applicable law.
You agree that you shall not (a) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the services made available on or through the Site, or any content thereof, or make any unauthorized use thereof; (b) obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site; (c) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (d) 'mirror' any of the content of this Site.
TRADEMARKS
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on content available through the Site are registered and unregistered Trademarks of SkillSoft and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by SkillSoft that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SkillSoft or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the services made available on or through the Site is strictly prohibited.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SKILLSOFT HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. SKILLSOFT DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED ON OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SKILLSOFT MAKES NO WARRANTY THAT THE SITE OR THE SERVICES MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SKILLSOFT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, RESULTS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
SKILLSOFT TRIES TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. SKILLSOFT RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
LIMITATION OF LIABILITY AND DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SKILLSOFT, OR ANY OF ITS DIRECTORS, SHAREHOLDER, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
USER SUBMISSIONS
SkillSoft does not claim ownership of any information or material a user provides to SkillSoft or post, upload, input or submit to this Site by any means, including, without limitation, by e-mail, chat room, bulletin board or blog ('Submission'). Any Submission will be treated as non-confidential and non-proprietary, and may be disseminated or used by SkillSoft. By making a Submission, you automatically grant SkillSoft an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed. Notwithstanding the foregoing, SkillSoft is not required to use any Submissions.
You warrant and represent that you shall not transmit, post, upload, input or submit to this Site any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of anothers privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the intellectual property, proprietary, or contractual rights of any third party.
INDEMNITY
You agree to defend, indemnify, and hold harmless SkillSoft, its directors, shareholders, officers, employees, agents and content or service providers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the services made available on or through the Site and/or your breach of these Terms of Use.
LINKS
SkillSoft requires written identification prior to the establishment of a link from any external web site to the Site. Notification shall be sent to SkillSoft at linknotification@SkillSoft.com.
This Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by SkillSoft of the contents on such third party web sites. SkillSoft is not responsible for the content of linked third party sites and does not make any warranty or representation regarding the content or accuracy of materials on such sites. Nor does SkillSoft make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SkillSoft endorses, is affiliated or associated with, the linked-third-party site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. If you decide to access linked third party web sites, you do so at your own risk.
PRIVACY POLICY
In order for you to access certain portions of our Site, you may be asked to provide information that personally identifies you, such as your name, mailing address, email address and home and/or business telephone numbers ("Personal Information"). If you communicate with us by email or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information. SkillSofts information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site's Privacy Policy, which is located at http://www.SkillSoft.com and incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.
TERMINATION
SkillSoft reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the services made available on or through the Site at any time and/or to restrict, suspend or terminate your access to the Site and/or the services or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.
MISCELLANEOUS
This Site is based in the State of New Hampshire, United States of America. SkillSoft makes no claims the materials provided on or through the Site are appropriate or may be downloaded outside of the United States. Access to the Site and/or such materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of New Hampshire. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and SkillSoft with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of SkillSoft to be binding on SkillSoft. Notwithstanding the foregoing, SkillSoft, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.