Terms of Service Agreement
Effective as of March 11, 2022
Section 1: Definition of Parties and Acceptance of Terms
Through your acceptance or use of the Service (as defined in Section 2) provided by Skill Focus, Inc. (“Skill Focus”) through its website located at www.Skill-Focus.com (the “Site”), you (the “User”) agree that you are subject to the Terms of Service agreement (“Agreement”) as delineated below.
From time to time Skill Focus may revise this Agreement. We will notify you of any changes by posting the new Agreement on this Site. Your continued use of the Service constitutes acceptance of any revisions to this Agreement and it is the User’s sole responsibility to review this Agreement periodically for any such changes. Should there be any updates to the Agreement, the effective date listed above will be amended.
Section 2: Description of Service(s)
The term “Service” includes any or all of the following:
Skill Focus’s business analytics services or any component thereof
All software, data, reports, text, images, sounds and/or videos (the “Content”)
Any additional features added to the Site after the last revision of this Agreement
Skill Focus is not responsible for any data or other sources of information (“Customer Data”) the User authorizes Skill Focus to retrieve or submit to the Service. Skill Focus does not own this Customer Data and sole responsibility for the accuracy, integrity, quality, reliability, legality and right to use such Customer Data is retained by the User. Furthermore, Skill Focus is not liable for the deletion, destruction, correction, damage or loss of Customer Data.
Aggregate Customer Data may be used by Skill Focus or disclosed to third parties so long as any information which may identify the User is not included.
Section 3: Conditions, Use of Service and Access
Subject to the terms of this Agreement, Users may only access and use the Services for lawful purposes. All rights, title and interest in or to the Services are retained by Skill Focus. Users may not commercially exploit or provide a third party access to any portion of the Service.
Users may not modify, adapt or use any other means to interfere with or disrupt the performance of the Service in an effort to gain unauthorized access to the Service, any system or network operated by Skill Focus, other users or any third party. Should any User become aware of a security breach of any kind that is related to the Service, you shall promptly notify Skill Focus.
Users shall adhere to any and all notices, policies or codes of conduct published by Skill Focus or other software provider in relation to the Service. Any software that may be made available by Skill Focus in connection with the Service is by its nature proprietary and may be subject to applicable intellectual property laws. Subject to the terms and conditions of this Agreement, Skill Focus hereby grants you a non-transferable, non-exclusive personal right and license to use the object code of any software solely in connection with the Service.Users shall neither copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any software nor be a party to such acts. The User agrees not to access the Service by any means other than through the interface that is provided by Skill Focus. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Skill Focus or any third party is granted to any User.
You understand that the operation of the Service, including Content, may involve transmissions over various networks. This could also entail changes to conform and adapt to technical requirements of connecting networks or devices or transmission to Skill Focus’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
Should Skill Focus fail to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right. The User acknowledges that this Agreement is a contract between you and Skill Focus regardless of its electronic form and lack of physical endorsement. Therefore, it governs your use of the Service and takes the place of any prior agreements between you and Skill Focus.
Section 4: Account Information from Third Party Sites
Through the Service, you may direct Skill Focus to retrieve certain information maintained online by third party providers with which you have a customer relationship, maintain accounts or engage in transactions (“Account Information”). You agree to provide your username, password and other log-in information and credentials necessary to access your account with such providers (“Access Information”), and you hereby grant Skill Focus permission to use the Access Information and Account Information for purposes authorized or necessary to provide any Service.
By using the Service and providing your Access Information, you expressly authorize Skill Focus to access and use your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize Skill Focus to use your Access Information to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit Account Information. YOU ACKNOWLEDGE AND AGREE THAT WHEN SKILL FOCUS ACCESSES AND RETRIEVES ACCOUNT INFORMATION FROM THIRD PARTY SITES, SKILL FOCUS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You represent and warrant that neither the foregoing nor your use of the Services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site. The manner in which such third party providers transmit, use, store and disclose your Account Information is governed solely by the policies of such third parties, and Skill Focus shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. Skill Focus is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party services, including without limitation (a) actions or the effect of actions that you authorize the Service to take with respect to third party services, (b) inaccurate or corrupted Account Information within the third party service, the Service or otherwise (c) reliance on calculations or visualizations provided by the Service or actions you take as a result of such calculations or visualizations, or (d) Skill Focus’s categorization or classifications of Account Information on the Service.
Skill Focus does not guarantee that any such third party services will continue to be made available within the Service, and such services may be removed or disabled by Skill Focus at any time without notice to you. You acknowledge and agree that the Service may not be sponsored or endorsed by the third party services accessible through the Service.
Section 5: Payment
By agreeing to the terms of this Agreement, the User claims and warrants that Subscriber’s use of a credit card or other payment method is authorized and that all information that the User submits to Skill Focus, or its payment processor, is true and accurate, and the User agrees to pay all fees incurred. The User authorizes automatic recurring payments to Skill Focus for any fees disclosed as part of the Service. The User will not receive advance notice of the automatic recurring payment, but will receive a post-payment confirmation email following the payment processing. If the transaction is refused by the financial institution issuing the User’s credit card for any reason, including closed or unauthorized account, Skill Focus will not be able to process the payment. The User may be subject to additional charges if payment is rejected, reversed or refused by a financial institution.
Section 6: Representations and Warranties
The User represents and warrants to Skill Focus that (i) the User has full power and authority to enter into this Agreement; (ii) the User owns all Content or has obtained all permissions, releases, rights or licenses required to engage in posting and other related activities permissible in the use of Skill Focus’s Services without obtaining any further releases or consents; (iii) the User’s Content and other related activities permissible in the use of Skill Focus’s Service, and Skill Focus’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does the User’s Content contain any matter that may violate the law in any other way; and (iv) the User is eighteen (18) years of age or older.
Section 7: Term and Termination
This Agreement will commence upon the date of the User’s registration with Skill Focus and continue for the initial period of one month (the “Trial Period”). From time to time the Trial Period may be extended or renewed in connection with special promotions offered by, and at the sole discretion of, Skill Focus. Should the Trial Period expire without the User securing a paid subscription to the Service, access to the Service and any Content may be terminated until payment is received. ANY CUSTOMER DATA YOU PROVIDE DURING THE TRIAL PERIOD MAY BE DELETED AFTER THE TRIAL PERIOD UNLESS YOU PURCHASE A PAID SUBSCRIPTION FOR THE SAME SERVICE FEATURES. This Agreement shall be automatically renewed for additional periods unless at least ten (10) day written notice of termination is provided to Skill Focus before the end of the then-current term.
Skill Focus may suspend or terminate Subscriber’s access to all or any part of the Service or the Website at any time, for any or no reason, with or without prior notice or explanation, and without liability.
If this Agreement is terminated for any reason, (i) Skill Focus will have no obligation to provide or perform any Service or Technical Support Services after the date of the termination, (ii) User will immediately pay to Skill Focus any outstanding fees and other amounts that have accrued prior to the date of the termination, and (iii) all terms of this Agreement not related to the continued use of the Services will survive termination.
Section 8: Disclaimer of Warranties
SKILL FOCUS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. SKILL FOCUS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. SKILL FOCUS DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICE OR DOCUMENTATION. SKILL FOCUS DOES NOT WARRANT THAT THE SERVICE OR DOCUMENTATION IS ERROR-FREE OR THAT OPERATION OR USE OF THE SERVICE OR DOCUMENTATION WILL BE SECURE OR UNINTERRUPTED. SKILL FOCUS EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF USE OF THE SERVICE AND DOCUMENTATION. UNDER NO CIRCUMSTANCES WILL SKILL FOCUS BE LIABLE TO ANY USER OR THIRD PARTY.
Section 9: Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY. SKILL FOCUS IS NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS INCLUDES, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS. IN ANY AND ALL SITUATIONS WHERE IMPLIED WARRANTIES MAY NOT BE EXCLUDED OR LIMITED, SKILL FOCUS ’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
Section 10: Assignment
The User may not assign this Agreement without the prior written consent of Skill Focus. Skill Focus, however, may assign or transfer this Agreement, in whole or in part, without restriction.
Section 11: Governing Law
Governing Law This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of California, and shall have exclusive jurisdiction in all matters relating thereto.