SkillsBuild for Students Terms of Use

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Date: January 18, 2021

1. INTRODUCTION

Welcome to SkillsBuild for Students (formerly Open P-TECH or P-TECH), IBM's digital learning site.

Please read these terms carefully because they are a legally binding contract between you and IBM. These Terms of Use also apply to all materials, applications, online communications and other content and information that is or becomes available on or through your use of the SkillsBuild for Students site, including any applications available on or through the site, including (without limitation) the Chronus online mentoring platform, SkillsConnect and other applications (collectively, the “Site”).

BY USING THE SITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE AND ANY MODIFICATIONS TO THESE TERMS. If you do not agree or can’t comply with these terms, please do not use our Site.

We may change these terms at any time. We will notify you if the terms change. Also, you can always check if we have changed the terms by looking to the date at the top of the page. If they have been modified, you will want to take time to review what has changed. Once any updated terms are in effect, you will be bound by them if you continue to use our Site. If you do not agree to our updated terms, you can delete your account at any time.

2. MATERIALS ON THE SITE

We own the rights to all of the images and other materials on our Site. You may use these images and other materials in accordance with these terms, but may not make any changes to them. We try to keep our Site up-to-date, but it is possible our Site may not be fully accurate or complete. The trademarks and logos on the Site belong to either us or their owners and may not be used by you unless the owner gives you permission to do so.

3. SUBMISSION OF COMMENTS OR MATERIAL

We welcome your participation on our Site. Any comments or information you submit must be in accordance with your school’s code of conduct, these terms and SkillsBuild for Students Data Privacy Policy. If you make comments or submit something, you grant to us the right to use it or share it with anyone, at any time, for any reason, to the extent allowed by law and SkillsBuild for Students Data Privacy Policy.Please be careful in choosing what to submit. You should not submit something if you do not have the right to do so and we recommend that you do not submit any of your personal information through our Site.

We have the right to monitor and analyze our forums and our Site, including submissions to our Site. We do not monitor or review this content before it is posted, and we cannot control and are not responsible for how others may use the information contained in your submissions. We encourage parents and student administrators to educate their children about safe internet use and to monitor their children's submissions.

Our Site may contain, or provide you with access to, information, content and other materials, including submissions, that are provided by third parties, rather than by us. We are not responsible for and provide no guarantees in respect of the information, content and other materials provided by these third parties, and the information, content and other materials they provide may contain errors, be incorrect, or be unavailable from time to time. You may need to agree to separate terms of use with these third parties in order to access or use their information, content or other materials.

4. USE OF MATERIALS

We grant to you permission to use our Site, and materials, and to link to our homepage, but just for your lawful personal use. Please note that your use of our Site is subject to these terms and may also be subject to certain third-party terms.

There may be times when our Site or part of our Site may be unavailable due to technical issues, maintenance (whether scheduled or unscheduled) or for other reasons. We may also choose to discontinue any part of, or any functionality in, the Site at our discretion.

By submitting comments or content to this Site, you grant IBM a perpetual, sublicensable, non-exclusive, royalty-free, worldwide license to use, transmit, copy and display such content in any and all media now known or hereinafter devised and represent that you have all necessary rights in such content to grant such license to IBM.

5. CONTENT ACCESSIBLE THROUGH LINKS FROM OUR SITE

Our Site may provide you with access to content, other materials, including through links to other third party websites or resources. We are not responsible for these third-party websites or resources (or the content, goods, services or materials provided by them), and we note that they may not necessarily be safe or secure. You may need to agree to separate terms of use, and there may be costs associated, to access or use the third party websites or resources.

You are responsible for any third party services required, such as an internet connection, to use the Site. Your actions and behavior on such third party websites or resources are subject to these terms.

6. YOUR ACCOUNT

You will need to have an account with us in order to use our Site. If you choose to create an account with us, you agree to provide us with your real e-mail address and to keep your information up-to-date. You can choose your own username and password, but we may ask you to change it or refuse to approve you for an account. Please do not use your real name as your username and keep your username and password confidential. It is your responsibility to keep your username and password secure and not to share them with any other person. You must let us know immediately if you learn that someone has unauthorised access to your account or if the security of your account may be compromised. You are responsible for anything that happens on our Site through your account.

7. APPROPRIATE CONDUCT AND COMMUNICATIONS

We want to protect users of our Site and to help make sure that all users can make the most of our Site. By using the Site you agree not to post any content or utilize the Site in any way that results in the following:

  • Solicitations or advertising for commercial gain
  • Solicitations for personal favors or contact with other Users by means other than the Site
  • Any behavior that can be construed as spam, harassment, attacks, "trolling", or cyberbullying
  • Personal information (for oneself or others) including but not limited to physical addresses, phone numbers, social media tags/handles, physical descriptions, credit card numbers, personal identification numbers (e.g. drivers license, social security, passport)
  • Inappropriate or disruptive behavior or content, including but not limited to depictions of violence, pornographic materials, and hate speech

We will cut off your access to our Site if you violate these Terms of Use or otherwise behave badly while using our Site. Please be considerate of the other users on our Site and let us know if you suspect someone is acting inappropriately. You can reach us at [email protected].

You must not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other inappropriate programming. To the extent permitted by law, IBM provides no guarantees in respect of the Site and has no obligation to detect the presence of errors, bugs, viruses or any other security flaws or inappropriate programming. Any downloading of software or other materials or any other use of the Site is at your sole risk, and you are advised to take adequate precautions to minimize any loss to your system caused by inappropriate programming, including use of anti-virus programs and proper backup of files. You acknowledge that your account and any data you upload or submit to the Site may be deleted or lost.

You should be aware that some administrative personnel of IBM may, in the course of their regular duties, have access to communications for technical or operational purposes or to maintain community safety and compliance with these terms. IBM may also disclose any communications to the extent permitted or required by law.

If you are a teacher or school administrator, you may be given access to user data of students in your class, school, or jurisdiction. The data includes the following: name, email or login address, optional profile picture, country of residence, language preference, comments and submissions, and learning and badge completion status. By using this site you agree that you will only access the data of students in your class, school, or jurisdiction as required to perform your duties as a teacher or school administrator, that you will not store this data unless anonymized, and that you will not share this data unless anonymized with any other party.

8. OUR PROPRIETARY RIGHTS

Our Site, as well as the information, content and other materials on our Site, are owned by us (and our licensors) and are protected by intellectual property rights and laws.

9. DISCLAIMERS

USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL MATERIALS, INFORMATION, SOFTWARE, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, IBM MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FOR CLARITY, THIS CLAUSE DOES NOT DISCLAIM THE FUNDAMENTAL RIGHTS AND PROTECTIONS AFFORDED TO YOU UNDER THE AUSTRALIAN CONSUMER LAW.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THE EXTENT INCONSISTENT WITH APPLICABLE LAW, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IBM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY THIRD PARTY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF IBM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

11. TERMINATION

You may terminate these terms by deleting your account, in accordance to global privacy requirements.

If we determine that you have breached our terms, we may suspend or terminate your access to use our Site immediately by written notice. In addition to other rights available to us at law, we may also suspend or terminate your access to use our Site at any time and for any reason on 30 days’ written notice.

If we do so, you will not have further access to your user account or any materials associated with your account, including your comments.

12. GOVERNING LAW

These Terms of Use are governed by the substantive laws of the State of New York. Any proceedings to resolve disputes relating to the Terms of Use shall be brought in a U.S. Federal Court in the State of New York.

13. QUESTIONS

If you have any questions or comments about our Site, please contact us at [email protected].

14. MISCELLANEOUS

These terms, including any terms and conditions incorporated into these terms, are the only agreement between us regarding our Site and how these terms are interpreted. In the event any provision is found to be unenforceable, it will be limited only to the extent necessary and the remaining provisions will remain enforceable.

This Site may include intellectual property that is protected under copyright, trademark and other intellectual property laws of the United States, Morocco, Australia, Taiwan and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

15. ARBITRATION AND CLASS ACTIONS

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. MOST CONCERNS CAN BE RESOLVED BY CONTACTING IBM’S CUSTOMER SERVICE DEPARTMENT AT [email protected] REGARDING THE SERVICE, SERVICE WEBSITE OR CONTENT. IN THE UNLIKELY EVENT THAT IBM IS UNABLE TO RESOLVE A COMPLAINT, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. WE ALSO AGREE THAT ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR, NOT A COURT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IBM WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND IBM WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

(a) IBM and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims subject to arbitration to the fullest extent permitted by law. For clarity, the parties expressly acknowledge and agree that in certain circumstances, they intend for federal law to preempt state and local laws, including but not limited to claims related to the California Consumer Privacy Act.

We also agree that any controversy concerning whether a dispute or claim is arbitrable shall be determined by the arbitrator, not a court, including the scope, applicability, validity, enforceability, interpretation, or formation of this arbitration provision as well as the Agreement’s other terms and conditions, and any claim that all or any part of this arbitration provision or Agreement is void or voidable.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and IBM are each waiving the right to a trial by jury and the right to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to IBM should be addressed to:

IBM
Attn: Legal Notices
1 New Orchard Road
Armonk, NY 10504
U.S.A.

("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If IBM and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or IBM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by IBM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or IBM is entitled.

(c) After IBM receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (If you are unable to pay this fee, IBM will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org , by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator shall be bound by the terms of this Agreement. Unless IBM and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address.

(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.

(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

(f) YOU AND IBM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IBM agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if IBM makes any change to this arbitration provision (other than a change to the Notice Address) during your use of our service, you may reject any such change and require IBM to adhere to the language in this provision if a dispute between us arises regarding such service.