Terms of Service to Using the SkillSmart Platform and Services

Terms of Service

The SkillSmart website and services are provided by SkillSmart, Inc. (“SkillSmart”). These terms of service (“Terms of Service”) govern your (“Your” or “You”) access to and use of the services and features available on SkillSmart’s website located at skillsmart.wpengine.com and all related sub-domains, tools, and services or through downloadable mobile or other applications that SkillSmart makes available to You (“Website”), including without limitation SkillSmart’s platform (the “SkillSmart Platform”) for enabling individuals to assess their qualifications for various employment opportunities, identifying training which can improve individuals’ qualifications for opportunities, and enabling employers to seek qualified candidates (collectively, the SkillSmart Platform and such related services, the “Services”). Access to the Website and use of the Services are subject to these Terms of Service and the SkillSmart Privacy Policy available on the Website. The date You first agree to or accept these Terms of Service, or that You otherwise first access and use the Website or Services following the date these Terms of Service are first made available on the Website, is referred to herein as the “Effective Date.”

BY USING THE WEBSITE OR SERVICES, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF SERVICE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND SKILLSMART. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND SKILLSMART ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS (SEE SECTION 14 “AGREEMENT TO ARBITRATE”).

1. Overview

The SkillSmart Platform is an online platform that enables individuals (each, a “Candidate”) to assess their qualifications for various employment opportunities, identify training which could improve Candidates’ qualifications for job opportunities (each, an “Opportunity”), and enabling employers (each, an “Employer”) to seek qualified Candidates. Candidates and representatives of Employers together are collectively referred to as “Users” and each individually as a “User.”

The SkillSmart Platform enables clearer communication of qualifications and needs between Candidates and Employers. SkillSmart does not guarantee that (i) any Candidate will be hired, (ii) any training will meet a Candidate’s or Employer’s needs nor (iii) any Candidate will be qualified or suitable for any Opportunity.

2. General

Your use of the Website after the Effective Date constitutes Your unconditional agreement to the Terms of Service and SkillSmart’s Privacy Policy regarding the Services and Website. SkillSmart reserves the right to update or modify these Terms of Service at any time by providing notice on the Website, and Your use of this Website following any such change constitutes Your agreement to the revised Terms of Service from and after that date. You agree and acknowledge that these Terms of Service do not create any offer for employment. All hiring decisions are made solely by third party Employers.

All training courses or other educational offerings identified through the Services (“Training”) is provided solely by third party educators (each, an “Educator”) and not by or for SkillSmart. You are solely responsible for assessing whether Training is worthwhile.

SkillSmart maintains the Website as a service to its visitors, subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Website and Services. SkillSmart may alter, suspend or discontinue this Website or the Services provided herein, in whole or in part, at any time and for any reason, without providing notice to You. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. SkillSmart may provide access to third party services and products, or to SkillSmart’s products or services, from time to time, through the Website. You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services accessible via the Website, may change from time to time without notice to You.

3. Access and Use Terms

a. Personally Identifiable Information.

You may be required to disclose to SkillSmart certain personally identifiable information if You wish to register as a Candidate on the SkillSmart Platform, which personally identifiable information may include, without limitation, Your name and address, e-mail address, education, work experience, telephone number, geographical location, and such other information as determined by SkillSmart from time to time (“User Information”), which will be stored under Your “Account(s)” (or “Profile(s)”) page. By accepting these Terms of Service, You agree and acknowledge that You will provide accurate, complete, and up to date information as requested on the screens that collect information from You. You further agree and acknowledge that Your submission of personally identifiable information to SkillSmart is voluntary and entirely at Your own risk. You agree and acknowledge that your User Information may be disclosed to any Employer using the SkillSmart Platform. Please refer to SkillSmart’s Privacy Policy for additional information on SkillSmart’s practices for handling personally identifiable information.

b. Login Credentials.

Login credentials will be provided by SkillSmart (“Login Credentials”) based on the type of access applicable to Your use of the Website (namely, whether You are a Candidate or a representative of an Employer). If You are a member of the general public that is not a Candidate or Employer, SkillSmart may grant You a non-exclusive, revocable, and limited right to use the functionality or review the Content (as defined below) that is publicly available on the Website, solely for Your personal use and subject to these Terms of Service and the Privacy Policy referenced herein. You agree that You are solely responsible for protecting Your Login Credentials from unauthorized use, maintaining the confidentiality of Your Account and password, and You agree to accept responsibility for all activities that occur under Your Login Credentials. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action may be taken. You may not (i) create more than one account to access the Website, (ii) share Your Login Credentials with any third party, or (iii) transfer Your account to any third party.

SkillSmart is not responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your Login Credentials. You agree that You shall not rent, resell, or remarket the Services or provide access to the SkillSmart Platform to any third party. SkillSmart reserves the right to delist any Candidates, Opportunities or Training from the Website, at any time and in SkillSmart’s sole discretion. SkillSmart may terminate Your Account at any time at SkillSmart’s sole discretion and with no liability to You. For example, but without limitation, SkillSmart may terminate Your Account if You violate these Terms of Service or SkillSmart’s policies, or otherwise harm SkillSmart’s business interests. You may not be entitled to create a new Account to access the Website if SkillSmart has terminated Your prior Login Credentials. SkillSmart may also prohibit certain Users from re-registering with the Website, at SkillSmart’s sole discretion.

c. Privacy; Rights in Your Data.

You hereby represent and warrant to SkillSmart that (i) any User Information or other information relating to soliciting, offering, providing, or completing Work, as submitted to SkillSmart or the SkillSmart Platform, including without limitation User Information, is true, correct and complete and (ii) You have the right to provide any and all of the User Information for the purposes of these Terms of Service. You hereby grant to SkillSmart a perpetual, irrevocable, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use Your User Information for any purpose, subject in all respects to SkillSmart’s Privacy Policy. If You object to Your Information being used in a manner permitted by these Terms of Service or the Privacy Policy, please do not use the Website or our Services. Upon termination of Your Login Credentials for any reason, You may no longer have access to any of Your User Information that You provided to the SkillSmart Platform or Website.

d. Usage by Minors.

SkillSmart’s Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use its Services only in conjunction with and under the supervision of a parent or legal guardian. In such a case, the adult is the User and is responsible for any and all activities of the minor.

e. Score.

The SkillSmart Platform may provide Candidates and Employers with an aggregation of the Candidate’s qualifications for specific Opportunities (each, a “Score”). Your Score will be disclosed and/or visible to Employers in the ordinary course of their use of the SkillSmart Platform. Each such Score is provided based on criteria developed by SkillSmart related to the Candidate’s claimed experience and the Employer’s requirements for the applicable Opportunity. Such Score is a general indicator of alignment between Candidate experience and Opportunity requirements, but are merely a high level indicator, not a definitive determination of the qualification (or lack thereof) of a Candidate for an Opportunity.

f. Fees.

We do not currently plan to charge fees to Candidates for use of the SkillSmart Platform. We intend to charge fees to Educators and Employers pursuant to separate written agreements. SkillSmart may charge a fee to Educators or Employers in connection with their participation in the SkillSmart Platform and/or Your interactions with them. We reserve the right to implement additional fees in the future.

4. SkillSmart Platform as an Exchange

The SkillSmart Platform is an exchange for enabling communication among Candidates, Educators and Employers. SkillSmart shall not be responsible for any acts or omissions of Candidates, Educators or Employers. SkillSmart does not endorse any Educator or specific Training. Only You can decide what Training, if any, is best for You and Your goals. Further, SkillSmart disclaims all responsibility for the accuracy or completeness of any information listed in a Candidate’s Profile, for Opportunity descriptions provided by Employers, for the content of any Training or for Your success in using the Services.

SkillSmart does not take part in the interaction between Candidates, Educators or Employers. SkillSmart does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any work performed by a Candidate, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. SkillSmart makes no representations about the suitability, reliability, timeliness, or accuracy of the User Information requested and provided by Users identified through SkillSmart whether in public, private or offline interactions. SkillSmart cannot confirm that Users are who they claim to be or have the experience they claim to have. SkillSmart does not assume any responsibility for the accuracy or reliability of this information or any information exchanged between Users through the Website or Services.

When interacting with other Users, You should exercise caution and common sense to protect Your interests, just as You would when interacting with other persons whom You do not know. None of SkillSmart, SkillSmart’s affiliates or licensors is responsible for the conduct, whether online of offline, of any User of SkillSmart’s Services. SkillSmart, SkillSmart’s affiliates and licensors shall not be liable for any claim, injury or damage arising in connection with Your use of the Services.

5. Intellectual Property Rights; Restrictions

a. Website Content.

All of the content on this Website, including without limitation the images, graphics, information, text, data, links, as well as the underlying software, networks and systems that support this Website and other material accessible through the Website or Services, whether created by SkillSmart, provided by You or provided by a third party, for display on the Website or through the Services (“Content”) is owned by or under license to SkillSmart and is protected by applicable trademark, copyright, or other rights. Users have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Website and its Content solely for their internal business purposes or personal use, subject to these Terms of Service.

The Content may contain typographical errors, other inadvertent errors, or inaccuracies. SkillSmart reserves the right to make changes to document names and content, descriptions or specification, or other information, without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:

You shall only use the Content for internal informational purposes in compliance with all laws and regulations that apply to You. You may not reproduce or transmit any part of this Website or its Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
You shall not modify, alter, or prepare derivative works based on the Content, or distribute copies of or publicly perform or display the Content, including without limitation by posting the Content on any network computer or distributing the Content on or in any media.
You shall not remove copyright, trademark, and other proprietary notices from the Content and shall not copy or download any images for any purpose.

Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by these Terms of Service; or (b) with SkillSmart’s prior written permission or the permission of the third party that owns the trademark or copyright of the Content displayed on this Website.

b. Content Ownership and License.

Unless otherwise noted, all Content contained on this Website or SkillSmart Platform is the property of SkillSmart, SkillSmart’s affiliates or SkillSmart’s licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. You retain ownership of Your User Information. Product names are trademarks or registered trademarks of their respective owners.

c. Copyright Infringement; Notice and Take Down Procedures.

If You believe that any Content on this Website infringes Your copyright, You may request that such Content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
identification of the Content that You believe to be infringing and its location, including a description of the Content, and its Website location or other pertinent information that will help SkillSmart to locate such Content;
Your name, address, telephone number and email address;
a statement that You have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in Your claim is accurate; and
a statement that “under penalty of perjury,” You declare that You are the lawful copyright owner or are authorized to act on the owner’s behalf.

SkillSmart’s agent for copyright issues relating to this Website is: Jason Green, P.O. Box 1116, Germantown, MD 20875, jgreen@skillsmart.us, (240) 498-4492. In an effort to protect the rights of copyright owners, SkillSmart maintains a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.

6. Prohibited Conduct

a. No Interference with the Website.

You shall not disturb or interfere with the operation of the Website in any manner including without limitation by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Website.

b. No Manipulation.

You are prohibited from manipulating, by any means, the information available through the Website and Services (including without limitation through the use of an alias or decoys or by placing false qualifications or opportunities). Furthermore, You shall not disrupt or otherwise interfere in any way with another User’s participation on the Website.

c. No Unauthorized Conduct.

By accessing the Website, SkillSmart Platform or any other Services, You shall abide by the following standards of conduct. You shall not, and will not authorize or facilitate any attempt by another person, to use the Website, SkillSmart Platform or any other Services to:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by SkillSmart;
Provide information which is incorrect or misleading;
Post false, inaccurate, misleading, defamatory, or libelous content (including without limitation personal information);
Post hateful or racially or ethnically objectionable Content;
Post Content which infringes another’s copyright, trademark or trade secret;
Post unsolicited advertising or unlawfully promote products or services;
Harass, threaten or intentionally embarrass or cause distress to another User or entity;
Impersonate another User;
Exploit children under 18 years of age;
Engage in disruptive activity such as sending multiple messages in an effort to monopolize a messaging forum;
Introduce viruses, worms, Trojan horses and/or harmful code into the Website;
Obtain unauthorized access to any computer system or confidential information through the Website;
Transfer Your Account and Login Credentials to another party without SkillSmart’s consent;
Harvest or otherwise collect information about Users, including email addresses, without their consent;
Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
Solicit personal information from children under 18 years of age; or
xvii. Violate, or encourage others to violate any federal, state, local, or international law or regulation.

7. Release

In the event that You have a dispute with one or more Users, Candidates, Educators or Employers, You hereby release SkillSmart, and SkillSmart’s officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

SkillSmart expressly disclaims any liability or claims that may arise between Users of its Services.

If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

8. Disclaimer of Warranty

SkillSmart disclaims all liability in connection with any interactions, correspondences, transactions, and other dealings that You have with any third parties including without limitation Candidates, Educators or Employers found on or through the Services (including on or via linked websites or advertisements). Any such interactions, correspondences, transactions, and other dealings are solely between You and the third party (including without limitation issues related to the content of third party advertisements, hiring, training, warranties, privacy and data security, and the like). Under no circumstances will SkillSmart be liable for any loss or damage caused by Your reliance on information in any Content on this Website or available through the Services. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.

You acknowledge that the Website and ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” and are based in part on INFORMATION SUPPLIED BY THIRD PARTIES which are not verified by SkillSmart, and that any CANDIDATES, OPPORTUNITIES OR TRAINING OBTAINED through, OR AS A RESULT OF, the use of the Website is at Your sole risk and discretion. SkillSmart, SKILLSMART’s suppliers and SKILLSMART’s licensors are not liable or responsible for any result generated through the use of the Website OR SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, SkillSmart PROVIDEs NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, none of SKILLSMART, its affiliates or licensors WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE, OR THROUGH THE SERVICES, IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE, THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, none of SKILLSMART, ITS AFFILIATES OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICEs, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.

9. Indemnification

By using this Website, You agree to indemnify, hold harmless and, at SkillSmart’s option, defend SkillSmart from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by another User or any third party that arises in connection with Your use of this Website or Services or Your acts or omissions in connection with any arrangement between You and another User.

10. Limitation of Liability

IN NO EVENT SHALL SKILLSMART BE LIABLE TO ANY USER OF THIS WEBSITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE, SERVICES OR ANY RELATED INFORMATION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SKILLSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE AND ACKNOWLEDGE THAT SKILLSMART’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $10 IN THE AGGREGATE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Third-Party Websites, Products, or Services

a. Links to Third Party Websites.

This Website and the SkillSmart Platform will contain links to non-SkillSmart websites that are provided to You as a convenience, such as, without limitation, websites of Educators. Any outside website accessed from the Website is independent from SkillSmart, and SkillSmart has no control over the content of such websites. SkillSmart is not responsible for the content of any linked website or for any loss or damage incurred in connection with Your use of such links or dealings with the operators of such non-SkillSmart websites.

b. No Implied Endorsements.

In no event shall any reference to any third party or third party product or service (e.g. Training offered by Educators) be construed as an approval or endorsement by SkillSmart of that third party or of any product or service provided by a third party. Likewise, a link to a non-SkillSmart website does not imply that SkillSmart endorses or accepts any responsibility for the content or use of such website. SkillSmart does not endorse, warrant or guarantee any product or service offered by any third party accessible through this Website or Services and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.

12. Termination

a. Termination by SkillSmart.

SkillSmart may terminate any User’s access to the Website, in SkillSmart’s sole discretion, for any reason and at any time, with or without prior notice. It is SkillSmart’s policy to terminate Users who violate these Terms of Service, as deemed appropriate in SkillSmart’s sole discretion, but SkillSmart may also terminate access as provided for in the preceding sentence. SkillSmart may terminate Your access to the Website and/or the Services if You do not use Your Account for a lengthy period, as determined by SkillSmart from time to time in its sole discretion. You agree that SkillSmart is not liable to You or any third party for any termination of Your access to the Website or the Services.

b. Termination by You.

You may terminate Your Account at any time by deleting Your Account.

c. Reactivation.

Provided that You deleted Your Account or You allowed Your Account to lapse by not using Your Account for a sufficiently long period, You may reactivate Your Account by following the process set forth by SkillSmart from time to time, during a time period established by SkillSmart from time to time following the deletion or deactivation of Your Account. If Your Account may no longer be reactivated, SkillSmart may, in its discretion, permit You to create a new account.

13. Governing Law

These Terms of Service shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, without regard to its principles of conflicts of law (other than New York General Obligations Law Sections 5-1401 and 5-1402).

14. Agreement to Arbitrate

You agree that all disputes between You and SkillSmart (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Website, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and You and SkillSmart hereby expressly waive trial by jury. You and SkillSmart shall appoint as sole arbitrator a person mutually agreed by You and SkillSmart or, if You and SkillSmart cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, SkillSmart shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for a district in Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Use or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.

Any claims brought by You or SkillSmart must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither You nor SkillSmart will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on Your own behalf.

This Arbitration section will survive the termination of Your relationship with SkillSmart.

15. Miscellaneous

a. Jurisdictional Issues.

SkillSmart makes no representations that information on this Website or through the Services is appropriate or available for use outside the United States. If You choose to access this Website or the Services from outside the United States, You do so on Your own initiative and at Your own risk and You agree and acknowledge that You are responsible for complying with all applicable United States laws as well as Your local laws and regulations.

b. Entire Agreement.

These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein. SkillSmart may, at SkillSmart’s sole discretion, revise these Terms of Service at any time by updating this posting and providing reasonable notice to You. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

c. Additional Information.

If You have any questions about these Terms of Service, please contact us at info@skillsmart.us.