Terms of Use

Last revised April 2020

Thank you for visiting a Web site that is operated by Skilled KC Technical Institute (“Skilled KC”). By using any of the Web site operated by Skilled KC (the “Site”) you acknowledge that you have read and are bound by the following Terms, as well as any other Skilled KC network usage agreements that may govern your conduct. Please do not hesitate to contact Skilled KC at the address set forth below if you have questions. If you have questions about this policy, you may e-mail Skilled KC with your question here.

I. Disclaimer of Warranties and Limitation of Liability

Unless specifically stated, nothing contained in or through the Site other than these legal provisions constitutes, nor is intended to constitute, an offer, inducement, promise, or contract of any kind.

The content provided on the Site is presented as a courtesy to be used only for informational purposes and is not represented to be error free. Skilled KC makes no representations or warranties of any kind with respect to the Site or their content, such representations and warranties being expressly disclaimed. Skilled KC does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make them available are free of viruses or other harmful components.

Moreover, Skilled KC does not represent or warrant that the content of its Site is accurate, complete, or current for any specific or particular purpose or application. The Site is not intended to provide nor should anyone consider that they provide legal, accounting, tax, or other advice. Such advice should only be rendered in reference to the particular facts and circumstances appropriate to each situation. Skilled KC encourages you to contact appropriate professional(s) and consultant(s) to assess your specific needs and circumstances and to render such advice accordingly. In addition, Skilled KC is not endorsing or recommending the use of the means or methods contained on or through this site for any special or particular purpose.

In addition, any links to non-Skilled KC information or references to unaffiliated organizations are provided as a courtesy and convenience to you. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations by Skilled KC. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of Skilled KC, or the organizations’ officers, directors, or associates.

In no event will Skilled KC or any of its officers, trustees or associates be liable for any damages – whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise – that might result from any use of or reliance on materials or links made available on or through the Skilled KC’s Sites.

II. Registration; Suspension or Termination of Account

REGISTRATION

To access certain information and functionality, you must register on the Site and open a user account (“Account”). You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account, and you may not transfer your Account to another party. You warrant that all information you provide to Skilled KC is accurate and you are requested to update your Account as necessary to keep it accurate and complete.

SUSPENSION OR TERMINATION OF ACCOUNT, ACCESS OR GROUP ACTIVITY

Skilled KC reserves the right in its sole discretion to suspend or terminate your Account or to block access to the Sites at any time (i) if it suspects that you have not complied with these Terms, (ii) if Skilled KC receives multiple notices of infringement in accordance with the Digital Millennium Copyright Act relating to your Account(s), or (iii) for other reasons that Skilled KCn determines in good faith are necessary or appropriate, including if Skilled KC suspects you are using or attempting to use the Site in any way that violates any applicable laws or regulations. Skilled KC may also suspend or terminate your Account for prolonged inactivity in your Account. We may also terminate your access to or administrative rights in any User Input Room (as defined in Section III (i)) for any of the above reasons. You agree that Skilled KC is not and will not be liable to you for any loss or damages that may result from its refusal to provide you access to the Site. You may terminate your Account at any time.

III. Interactive Features and User Content

(i) Skilled KC may offer the opportunity for you and others to contribute ideas, comments, questions, and other communications to or from the Site (the “User Content”) in message boards, group areas, communities, blogs, e-mail, and other features of the Site (“User Input Rooms”) that may be offered from time to time and may be operated by Skilled KC or by a third party. You shall not (nor cause any third party to) use the Sites to perform any illegal activities (including defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy – of others), or immoral activities. Specifically, but not by way of limitation, you shall not undertake any of the following types of activities:

a. Transmitting information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or using any content posted to this site for your own purposes in a way that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

b. Transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

c. Impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

d. Advertising or disseminating commercial content or using the content on the Site for any commercial for-profit purpose.

e. Interfering with or disrupting the Site.

f. Disrupting the activities or enjoyment of the Site for other users.

g. Collecting or storing personal data about other users, except as needed for activities permitted on the Site.

h. Forging any TCPIP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive, or false source-identifying information.

i. Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

j. Interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.

k. Impersonating or misrepresenting your affiliation with any person or entity including (but not limited to) Skilled KC, or claim that you have developed or are the owner of any content on the Site that has been developed by a party other than yourself.

l. Using the Site in any manner or for any purpose for which Skilled KC has notified you (through either a general posting or a specific notice provided directly to you) that the Site may not be used.

m. Attempting to probe, scan, or test the vulnerability of Site or attempt to breach any security or authentication measures.

n. Using, displaying, mirroring, or framing the Site, or any individual element within the Site, Skilled KC’s name, any Skilled KC trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Skilled KC’s express written consent.

(ii) You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. Skilled KC assumes no responsibility for the information contained in User Content.

(iii) You agree that Skilled KC, in its sole discretion, may remove any User Content from a User Input Room offered by Skilled KC, at any time and for any or no reason. You agree that Skilled KC shall not be liable to you or any third party for any deletion of any User Content on the Site. You may remove your User Content from the Site at any time.

(iv) You acknowledge and agree that Skilled KC may preserve and disclose User Content if required to do so by law or if Skilled KC believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to a claim that User Content violates any third party’s rights, or protect the right, property, or personal safety of Skilled KC, any users of the Site, and the public. You also acknowledge that the technical processing and transmission of the Site, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

(v) Skilled KC may offer the opportunity for you and others to contribute User Content in User Input Rooms operated by a third party that may be offered from time to time. Skilled KC assumes no responsibility or liability whatsoever for such User Content, or for the use of any User Input Room operated by a third party. Without limitation to the foregoing, Skilled KC shall not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room operated by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party operating the User Input Room.

(vi) Subject to any applicable law and the requirements of Skilled KC’s privacy policy, any communications sent by you via this Site or otherwise to Skilled KC (including without limitation User Content) are on a non-confidential basis, and Skilled KC is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose related to the Site or its users. You shall be responsible for the content and information contained in any communication sent by you to the Site or otherwise to Skilled KC, including without limitation for its truthfulness and accuracy.

(vii) Skilled KC does not claim any ownership rights in the User Content you post to the Site. When you post User Content to the Site, you grant to Skilled KC, and you represent and warrant that you have the right to grant to Skilled KC, an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide license (with the right to sublicense) to copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from, and otherwise use such User Content for any purpose on or in connection with the Site.

(viii) The administrator of any User Input Room determines its membership and may terminate access by any individual user at any time.

IV. Intellectual Property Complaints/Digital Millennium Copyright Act

Skilled KC respects the intellectual property of others, and requires that users of the Site do the same. Skilled KC will process notices of alleged infringement which it receives them and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that your work has been copied and is accessible on a Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Skilled KC’s Copyright Agent with the following information in a notice (“Notice”). To be effective, the Notice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

(i) An electronic or physical signature of the person who is authorized to act on behalf of the copyright owner.

(ii) A description of the copyrighted work that you claim has been infringed.

(iii) Identification of the copyrighted work you claim is being infringed (and, if possible, a location where an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published).

(iv) Identification of the URL or other specific location on the Site where the material that you claim is infringing is located (you must include enough information so that Skilled KC can locate the material).

(v) Your address, telephone number, and email address.

(vi) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

(vii) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send the Notice to Skilled KC’s Copyright Agent for notice of claims of copyright infringement as follows:

MAIL:

Attention: Legal Department
Intellectual Property Complaints
DMCA Copyright Agent
4801 Rockhill Road
Kansas City, MO 64110
Phone: (816) 932-1000
Email: Contact Us

V. Dispute Resolution

GOVERNING LAW

These Terms and the resolution of any dispute related to these Terms or the Site shall be governed and construed in accordance with the laws of the United States and the laws of the State of Missouri applicable to contracts executed and performed within Missouri, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction. These Terms are deemed executed and enforceable in the State of Missouri.

BINDING ARBITRATION

If a dispute arises between you and Skilled KC, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Kansas City, Missouri, in accordance with the rules of the American Arbitration Association (“AAA”), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Jackson County, Missouri, United States of America, and (iii) submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds. Each party will be responsible for its expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Notwithstanding the foregoing, each party will have the right to seek temporary injunctive relief if it determines it is necessary in order to prevent irreparable harm (including infringement of any intellectual property). You agree that regardless of any statute or law to the contrary, any claim, or cause of action arising out of or related to use of the Site or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VI. General Provisions

ASSIGNMENT

You may not assign these Terms or any of your obligations under them without Skilled KC’s prior written consent and any attempted assignment is null and void. Skilled KC may assign these Terms and any of its obligations under them at any time for any reason.

ELECTRONIC COMMUNICATIONS; BINDING AND ENTIRE AGREEMENT

You agree that (i) these Terms constitute an agreement “signed by you” under any applicable law; (ii) any notices or other communication regarding your use of the Site may be provided to you electronically (by posting on the Site, by email, and other electronic formats) and will be considered received upon posting or other distribution. These Terms (including the Privacy Policy) constitute the entire agreement between you and Skilled KC and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the Site.

SEVERABILITY

If any of these Terms 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 will be enforceable to the fullest extent permitted by law.

NO WAIVER

Skilled KC’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of Skilled KC’s rights, and Skilled KC reserves its right to take all legal steps available to enforce these Terms.

VII. Social Media House Rules

Skilled KC maintains social media accounts (e.g. – Facebook, Instagram, Twitter, Pinterest, LinkedIn, YouTube, etc.) to provide forums for sharing research, ideas, and opinions regarding its work and mission.

All statements and materials posted by contributors reflect the views of the individual contributors and do not reflect the views of Skilled KC.

While Skilled KC maintains these pages, the views expressed within these social media accounts do not necessarily reflect Skilled KC’s positions, strategies, or opinions.

Skilled KC encourages users to analyze, comment on, and challenge its ideas and strategies and to do so in the spirit of respect, fairness, and intellectual inquiry. Skilled KC reserves the right to remove posts that are offensive, act as advertisements, or attempt to solicit funds from. Skilled KC may also remove identical or substantially similar comments that are posted more than once, including those posted for the purpose of monopolizing the discussion.

Community members are expected to abide by the Terms of Use that apply to Skilled KC’s website (found on this page). If you violate the Terms of Service, you may be removed from Skilled KC’s social media communities.

Thank you for engaging with Skilled KC in social media and respecting these policies. Skilled KC values conversations in its social media communities.

SITE INTENDED FOR U.S. RESIDENTS

The Sites are intended for and directed to residents of the United States and all advertising claims contained in the Sites are valid only in the United States.