SKILLFUL.COM WEB SITE
TERMS OF USE

SKILLFUL.COM WEB SITE TERMS OF USE

Date of last revision: April 5, 2016
Welcome to the web site for SkillfulSM located at www.skillful.com (the "Site"). The following are the Terms and Conditions of Use for the Site (the "Terms and Conditions"). Before using Site, please read these Terms and Conditions and our Privacy Policy, which is located at https://www.skillful.com/privacy-policy and is incorporated herein by this reference. Skillful is an initiative of the Markle Foundation. In these Terms and Conditions, the Markle Foundation and its activities in connection with the Skillful initiative are collectively referred to as "Skillful," "we," or "us."
By using the Site, you acknowledge that you have read and are legally bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the Site.
Modifications
You should review these Terms and Conditions regularly as they may change at any time at Skillful’s sole discretion. Modifications will be posted on the Site and will be effective as of the date of posting. Your continued use of the Site following the posting of changes to the Terms and Conditions constitutes acceptance of those changes. The "date of last revision" at the top of this page will be revised to reflect the posting date of the current Terms and Conditions.
Compliance with Law
When using the Site, you will abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.
Disclaimer of Warranties
We provide the Site content as a courtesy, to be used only for informational purposes, and we do not represent the content to be error free. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. THE SITE AND ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. SKILLFUL DOES NOT WARRANT THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE OR CURRENT FOR ANY SPECIFIC OR PARTICULAR PURPOSE OR APPLICATION. THE SITE IS NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING, TAX, OR MEDICAL ADVICE. IN ADDITION, SKILLFUL IS NOT ENDORSING OR RECOMMENDING THE USE OF THE MEANS OR METHODS CONTAINED ON OR THROUGH THE SITE FOR ANY SPECIAL OR PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR VERIFYING ALL OF THE CONTENT ON THE SITE BEFORE RELYING ON IT.
Limitation of Liability
IN NO EVENT WILL SKILLFUL OR ANY OF ITS OFFICERS, TRUSTEES, EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, "REPRESENTATIVES") BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, GENERAL, CONSEQUENTIAL, OR OTHERWISE, OR FOR ALLEGED LOST PROFITS, THAT MIGHT RESULT FROM ANY USE OF THE SITE, OR USE OF OR RELIANCE ON CONTENT, MATERIALS OR LINKS (INCLUDING THIRD PARTY LINKS) MADE AVAILABLE ON OR THROUGH THE SITE, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Skillful’s and its Representatives’ liability will be limited to the fullest extent permitted by applicable law.
Intellectual Property
Copyright and Ownership. All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (collectively, "Content"), is owned by Skillful, its licensors, vendors, agents, partners and/or content providers, as applicable. All elements of the Site, including without limitation the Content, the general design of the Site, and the software and other technology used in connection with the Site, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Any unauthorized use of the Site may violate copyright laws, laws of privacy and publicity, and other laws and regulations. Skillful reserves the right to track the usage of Content.
Except as expressly permitted in the Creative Commons section below or as specifically set forth on the Site in connection with particular Content, you may not copy, reproduce, distribute, publish, enter into a database, perform, modify, create derivative works from, transmit or in any way exploit the Content, except as permitted under the last sentence of this paragraph and except that you may make one print copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution. In using Content, you may not (1) state or imply that Skillful is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, (2) represent that you or your organization has a relationship with Skillful or any of the events, products or services that Skillful provides unless that relationship is the subject of a written agreement with Skillful, or (3) remove or change any copyright, trademark or other proprietary notices on the Content. We respect the right of others to make "fair use" of the materials contained on our site; accordingly, you may from time to time excerpt and use materials on this site consistent with the principles of "fair use."
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U. S. Digital Millennium Copyright Act. If you believe that any Content infringes your intellectual property rights, please notify Skillful at: [email protected].
Trademarks. Certain trademarks used on the Site (including, but not limited to, the SKILLFUL, MARKLE, and REWORK AMERICA names and logos) (collectively, the "Marks") are trademarks or registered trademarks of Skillful. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks, or any marks confusingly similar to any of the Marks, in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Skillful's prior written consent and then only in compliance with Markle’s SKILLFUL Branding Guidelines as set forth at https://www.skillful.com/assets/download/SKILLFUL-brand-guidelines.pdf, as such guidelines may be amended from time to time at Skillful’s sole discretion. The use of the Marks on any other Site or network computer environment is not allowed.
Creative Commons. As part of its mission, Skillful aspires to use its assets wisely to achieve the greatest possible impact. We believe that making our work openly available and free to the public will contribute to this mission. Our intention is to assure that the intellectual fruits of the works we develop and commission, other than material of purely internal application, are easy to find and available for sharing in order to maximize their impact and hence the public benefit. Therefore, a Creative Commons license applies to those particular publications, reports and videos on the Site that bear the Creative Commons symbol.
Embeddable Player and Widgets
To the extent that Skillful makes available to you through the Site (or otherwise) an embeddable player for viewing video and playing audio Content from the Site (the "Embeddable Player") and/or "widgets" to obtain access to Content from the Site ("Widgets"), you agree as a condition to accessing and using such items that:
You will not alter or modify any part of the Embeddable Player, the Widgets or any of their related technologies.
You will include a prominent link back to the Site on the pages containing the Embeddable Player and/or Widgets, and you may not modify, build upon or block any portion of the Embeddable Player and/or Widgets in any way.
You will not use the Embeddable Player and/or Widgets for any commercial use without the prior written authorization of Skillful. Prohibited commercial uses include any of the following actions taken without Skillful's prior written approval: sale of access to the Site or its related services (such as the Embeddable Player and Widgets) on another website and use of the Site or its related services (such as the Embeddable Player and Widgets), for the primary purpose of gaining advertising or subscription revenue.
Services
On the Site we may offer blogs, webcasts, online communities, and other services that provide an opportunity for you to post or otherwise transmit comments and other content to the Site (collectively, the "Services"). The use of the Services is subject to these Terms and Conditions and any additional provisions that may be specified as a condition to using the Services. Some users of the Services may submit content that contains personally identifiable information. Please review our Privacy Policy before providing any personally identifiable information.
Use of the Services. All users of the Services agree to act responsibly. We do not control the Content posted through the Services and, as such, do not guarantee the accuracy, integrity, quality or availability of such Content.
We do not censor the Content being posted, and you should not assume that we review all Content being posted. Nonetheless, we reserve the right to modify, to not post, or to remove after its posting, any Content for any or no reason in our sole discretion. Content may be removed immediately and without prior notice, and further postings by the individual and/or entity may be blocked. For Content that is covered by intellectual property rights, like photos, documents, etc., you grant Skillful a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, display and distribute any Content that you post on or in connection with the Services.
We offer Services in order to encourage a healthy exchange of ideas. To achieve that objective, postings to those Services must be respectful and comply with the law. Therefore, postings to the Services are subject to the following guidelines:
1. As a private foundation, we are prohibited from supporting attempts to influence the outcome of any election for public office or engaging in lobbying activity. Therefore, the following types of Content are prohibited:
Content that expressly or impliedly endorses any candidate for public office;
Content that encourages others to contact a government official to express support for, or opposition to, any legislation (including specific legislative proposals that have not yet been introduced); and
hyperlinks to website pages that contain these types of content or direct others to such materials.
2. In order that we may encourage a healthy exchange of ideas, discourse must be respectful. Do not post Content that:
is posted anonymously;
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
falsely states or misrepresents your identity;
represents confidential business or personal information, or content that infringes upon any trademark, trade secret, copyright or other proprietary right of another party;
makes available unsolicited or unauthorized advertising, promotional materials, sweepstakes, "junk mail," "spam," "chain letters," "pyramid schemes," or any similar form of solicitation;
contains viruses or other malicious code;
is fraudulent, false, inaccurate or misleading; or
violates any law, ordinance or regulation, promotes illegal activities, or is harmful to minors.
Access and Interference
By accessing the Site, you agree to abide by all security and safety measures established by Skillful or its licensors, partners or service providers. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the Content. Skillful reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site at any time. Skillful may also impose limits on certain features of the Site or restrict access to any part or all of the Site without notice or penalty.
You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Site automatically.
Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (c) bypass any measures we may use to prevent or restrict access to the Site; (d) attempt to decompile, decipher or reverse engineer any of the software used by Skillful and/or its licensors as part of the Site; or (e) use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Information that Skillful publishes on the Site may contain references or cross-references to products, programs, or services that are not available in your location. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of Skillful. Any description or reference to non-Skillful products, services, or individuals on the Site is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services, or individuals by Skillful.
Indemnification
You agree to indemnify, defend and hold harmless Skillful and the Representatives from and against any and all losses, damages, liabilities and costs of every nature, including without limitation as a result of any actual or threatened claims, incurred by any of them in connection with, related to or arising out of: (i) your use of the Site, (ii) any assistance or services provided by us and/or any of the Representatives to you, (iii) any alleged unauthorized use of the Site by you, or (iv) any breach or alleged or threatened breach by you of these Terms and Conditions. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.
Release
In the event that you have a dispute with one or more other users of the Site, you release Skillful and Representatives from any and all claims, demands and damages (actual and 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 dispute.
Third-Party Sites and Linking
As a convenience to users, the Site contains links to websites operated by third parties (including without limitation our partners) ("Third-Party Sites"). Third-Party Sites are not under the control of Skillful, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, and not Skillful’s, terms of use and privacy policies. Skillful is not responsible for, does not endorse, and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, nor that we are affiliated with the Third-Party Site.
Except as otherwise specifically set forth in a written agreement between you and Skillful, you must adhere to Skillful’s linking policy as follows:
the appearance, position and other attributes of a link may not be such as to damage or dilute the goodwill associated with Skillful’s name or any Skillful trademark or service mark;
the appearance, position, and other attributes of a link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Skillful;
when selected by a user, a link must display the Site on full-screen and not within a "frame" on the linking site;
unless we enter into a specific written agreement with you, you may not use the Marks or any of our other trademarks, service marks, trade names, logos, designs, or slogans in any "metatag" or other information used by search engines or other information location tools to identify and select sites or in or with your links, except that you may link to the Site using the plain text name of the Site or the plain text name of the Markle Foundation and/or the Skillful initiative.
your site must not present false information about us or our products or services;
your site must not contain any content that could be construed as distasteful, offensive or controversial; and
we reserve the right to revoke our consent to a link at any time in our sole discretion, and you agree that, should we request the deletion of a link to the Site that is within your control, you will delete the link promptly.
Applicable Law and Jurisdiction; Geographic Restrictions
The Site is controlled and operated from Skillful's offices in the State of New York. By accessing the Site, you agree to be bound by these Terms and Conditions, which are governed by and shall be construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws principles. All activity occurring in connection with the Site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of New York.
In connection with any suit, action or proceeding arising from or relating to these Terms and Conditions, you consent to the jurisdiction of the federal and state courts within the State of New York.
We provide the Site for use only by persons located in the United States. We make no claims that the Site or any Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Electronic Communications; Binding and Entire Agreement
You agree that (a) these Terms and Conditions constitute an agreement signed by you under applicable law; (b) any notices or other communication regarding your use of the Site may be provided to you electronically (by posting on the Site, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and Skillful regarding the Site and supersede all other agreements, oral or written, concerning its subject matter; provided, however, that if you have entered into a SKILLFUL Brand License Agreement with Skillful or any written agreement with Skillful that expressly provides that it supersedes these Terms and Conditions (collectively, "Other Skillful Agreements"), these Terms and Conditions do not supersede such Other Skillful Agreements and in the event of a conflict between any provisions of these Terms and Conditions and any provisions of any Other Skillful Agreement(s), the provisions of the Other Skillful Agreement(s) shall govern. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the Site.
Severability
If any of these Terms and Conditions is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms and Conditions will be enforceable to the fullest extent permitted by law.
No Waiver
Skillful's failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of Skillful's rights, and Skillful reserves its right to take all legal steps available to enforce these Terms and Conditions.
Termination
We reserve the right to terminate, in whole or in part, the Site, any or all of the Services and/or these Terms and Conditions at any time without notice for any reason, including, in the case of these Terms and Conditions, for your violation of any of its provisions. The Disclaimer of Warranties, Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms and Conditions shall survive any termination of these Terms and Conditions.