Terms of Service
Effective May 27, 2021
Skiba Corporation (“SkillBank”) provides a service allowing people to create an inventory of their job competencies in order to gain insight into potential new careers, and determine what new skills they might need to learn.
SkillBank users have the option to share their competency inventory with third parties such as their current or potential future employers.
Be as accurate as you create your competency inventory. Ranking yourself inaccurately compromises our ability to provide accurate insight and can compromise your interactions with third parties.
Using the SkillBank app to create your competency inventory is free and paid upgrades will be available. Paid services for employers and HR professionals will also be available.
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a SkillBank account. You agree to provide us with complete and accurate information when you create an account. You will be solely responsible and liable for any activity that occurs in association with your account. You are responsible for keeping your access credentials secure.
1) Your Responsibilities:
SkillBank has not reviewed, and cannot review, all of the information, posted to our Services, and cannot therefore be responsible for that information, its use or effects. By operating our Services, SkillBank does not represent or imply that it endorses the information there posted, or that it believes such information to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SkillBank disclaims any responsibility for any harm resulting from the use of our Services, or from any downloading of content there posted.
2) Content Posted on Other Websites:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SkillBank links, and that link to SkillBank. We not have any control over those non-SkillBank websites, and we are not responsible for their contents or their use. By linking to a non-SkillBank website, we do not represent or imply that we endorse such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SkillBank disclaims any responsibility for any harm resulting from your use of non-SkillBank websites and webpages.
3) Copyright Infringement and DMCA Policy:
As SkillBank asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SkillBank violates your copyright, you are encouraged to notify SkillBank in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. SkillBank will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SkillBank will terminate an account holders access to and use of the website if, under appropriate circumstances, they are determined to be a repeat infringer of the copyrights or other intellectual property rights of SkillBank or others. In the case of such termination, SkillBank will have no obligation to provide a refund of any amounts previously paid to SkillBank.
4) Intellectual Property:
This Agreement does not transfer from SkillBank to you any SkillBank or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with SkillBank. “SkillBank”, “The World of Work”, “TWOW”, “Mapping the World of Work”, “SkillBank”, “Cartography Project”, “Competency Insight”, “Job Competency Unit”, “Job Competency Signal”, the SkillBank logo and all other trademarks, service marks, graphics and logos used in connection with SkillBank or our Services, are trademarks or registered trademarks of SkillBank or SkillBank’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any SkillBank or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our sites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
SkillBank may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SkillBank account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7) Disclaimer of Warranties:
Our Services are provided “as is.” SkillBank and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SkillBank nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8) Jurisdiction and Applicable Law:
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
9) Arbitration Agreement:
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
10) Limitation of Liability:
In no event will SkillBank, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SkillBank under this Agreement during the twelve (12) month period prior to the cause of action. SkillBank shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11) General Representation and Warranty:
12) US Economic Sanctions:
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and SkillBank reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless SkillBank, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between SkillBank and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SkillBank, or by the posting by SkillBank of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SkillBank may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
16) How to contact us:
If you find a SkillBank user that you believe violates these Terms of Service, please visit our contact us page. We consider the abuse of our services a serious matter. We investigate and record all reports of abuse submitted to us. We may request additional information from you about your report. However, please note we may not be able to provide you with specific updates in response to your specific report due to privacy concerns.
If you know of someone who is abusing our Service, please email us at email@example.com immediately.