Terms of Service
As of April 30, 2022
You represent that you are a US resident at least 18 years of age and are legally authorized to work in the US.
The RA Training may require you to register and maintain an online account to access certain RA Training tools and resources. You may be asked to provide a username and password in connection with your account. You are responsible for maintaining the confidentiality of your account, including any username and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Reskill will be true, accurate, current, and complete. You also agree that you will keep such information accurate and up-to-date. You will promptly notify Reskill at info@reskillamericans.org if you know or believe that your account has been accessed or used by someone other than you or an authorized member of Reskill.
Reskill Training may include certain features and tools that allow you to add mentors, tutors, coaches, or peer-mentors to your account (“Mentoring”). Mentoring features may be provided to allow others to provide you with tutoring or coaching during the RA Training session. Such features may enable you to provide support to your RA Training peers.
Reskill is headquartered in the United States and offers the RA Training to legal US residents currently residing in United States (which includes its territories).
Reskill respects your privacy. Please read the Reskill Privacy Policy. It is part of these Terms of Service that are part of our agreement with you. Our Privacy Policy explains Reskill’s collection, use, and disclosure of your personal information, including how we treat your personal information and protect your privacy when you apply for, or are enrolled in, the RA Training. The Privacy Policy also explains the procedures that you may use to view, update, correct, or delete certain portions of your personal information.
By enrolling in the RA Training, you will be subject to any additional guidelines or rules applicable to the RA Training program that may be sent to your email address, posted from time to time on our website, or accessible via your RA Training account (the “Guidelines”). All such Guidelines are incorporated by this reference into these Terms of Service (which means they’re a part of our agreement with you).
Reskill reserves the right, at our discretion, to change, modify, add, or remove portions of the RA Training at any time. While unlikely, we also reserve the right to discontinue offering RA Training at any time and for any reason or no reason. Your enrollment in the RA Training constitutes your acceptance of any such changes. Reskill will use reasonable efforts to notify you about material changes to the RA Training and/or these Terms or Service (which may include changes to our Privacy Policy), for example by email notice to the address you included in your enrollment application or by posting a notice on the Reskill website.
Any amended terms will be effective when you are notified of such changes, or thirty days after Reskill reasonably attempts to provide you with notice, whichever occurs first. However, changes to these Terms of Service (including the Privacy Policy) covering new training, resources or functions, or changes made for legal reasons will be effective immediately. If you do not agree to the updated Terms of Service (including changes to the Privacy Policy), you must discontinue your enrollment in the RA Training. Disputes arising under these Terms of Service (including the Privacy Policy) will be resolved according to the version of the Terms of Service in place at the time the dispute arose.
Reskill may permit you, other RA Training participants (“RA Trainee(s)”), or RA Training instructors (collectively, “RA Training Members”) to post and/or publish notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications on platforms or websites that Reskill owns, maintains, controls, or licenses (collectively, “RA Training Postings”). Likewise, Reskill may permit you or other RA Training Members to post, create, or modify computer code (including source code and object code) via platforms, sites, or repositories that Reskill owns, maintains, controls, or licenses (“RA Trainee Code”) (the RA Training Postings and RA Trainee Code, collectively, the “RA User Content”). Reskill does not guarantee the confidentiality of any RA User Content submissions. As between you and Reskill, you retain all ownership rights you have in any RA User Content that you post, publish, or otherwise make available during the RA Training. You agree that you are solely responsible for your RA User Content and the consequences of posting, creating, or publishing such RA User Content.
By posting, submitting or distributing RA User Content in connection with the RA Training, you hereby grant to Reskill a perpetual, irrevocable, worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, export, and otherwise exploit your RA User Content, in whole or in part, in any media formats and through any media or technical platforms or channels (now known or developed in the future). Reskill will exercise the rights and license described in prior sentence in accordance with the Privacy Policy.
By posting, submitting or distributing RA Training Postings in connection with the RA Training, you grant to each RA Training Member a non-exclusive license to access and use your RA Training Postings in any manner permitted or made available by Reskill through or in connection with the RA Training.
By posting, submitting or distributing RA Trainee Code, you grant each RA Training Member a fully paid, non-exclusive license to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of your RA Trainee Code.
The RA Training may permit you to download applications or certain digital educational content (“RA Training Content”). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Reskill grants to you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the RA Training Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. Except as it directly relates to your RA Training enrollment and activities, you agree not to (i) modify or create derivative works of the RA Training Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the RA Training Content, and (iii) remove any copyright and other proprietary notices on the RA Training Content.
During the RA Training, you will be exposed to training content from many sources. Reskill and its vendors are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to any third-party training content or RA User Content. You also understand and acknowledge that you may be exposed to third-party content and/or RA User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Reskill and its vendors with respect any such content.
he RA Training services are owned and managed by Reskill. Reskill’s website, its platforms, and visual interfaces, graphics, design, data, information, computer code (e.g., source code or object code), software, services, content, videos, tutorials, exercises, educational content, and all other elements of our RA Training services (collectively, the “RA Services Materials”) are protected by copyright, patent, and trademark laws, and other applicable intellectual property and proprietary rights laws. Except for any RA User Content created and provided solely and exclusively by you or other RA Trainees, all RA Services Materials, and all trademarks, service marks, and trade names, contained on or available through the RA Training are owned by or licensed to Reskill. All rights to the RA Services Materials are reserved by Reskill unless they are expressly granted by these Terms of Service.
Reskill grants you a non-exclusive, non-transferable right to access and use the RA Services Materials as made available on through the RA Training by Reskill for your personal, non-commercial use.
n connection with your enrollment in the RA Training, Reskill or its licensors may make available third-party educational content, software, or online services (“Third Party Materials”) available to you under alternate license terms (“Third-Party License(s)”). Where applicable, these Terms of Service and such Third-Party Licenses will apply. By using or otherwise accessing Third Party Materials, you agree to comply with the applicable Third-Party License(s), and to use such Third-Party Materials for your personal, non-commercial use only unless expressly permitted by in writing by Reskill.
17.1 No Offensive Activity.
In connection with your enrollment and participation in the RA Training, you agree not to post, distribute, undertake, promote or otherwise encourage or endorse any content or activities that are unlawful, threatening, offensive, indecent, pornographic, harassing, racially or ethnically offensive, defamatory, libelous, or inaccurate. You agree to promptly notify Reskill via this email address (info@reskillamericans.org) if you become aware of or encounter any RA Training Member, RA employee, RA volunteer, RA officer or director, or any other individual undertaking or facilitating any activities described in this Section 17.1
17.2 No Defrauding.
You agree not to defraud Reskill or any RA Trainees. Likewise, you agree not to collect personal information about RA Trainees without their consent.
17.3 Security Features.
You agree not to remove, circumvent, disable, or interfere with security-related features used to protect the RA Services Materials or any Third-Party Materials.
17.4 No Reverse Engineering.
Except as expressly permitted by Reskill in connection with your RA Training, you agree not to reverse engineer, decompile, or disassemble any software provided to you. Likewise, except as expressly permitted by Reskill, you agree not to modify or create derivative works based on any RA Services Materials or Third-Party Materials.
17.5 Third Party Links.
The RA Services Materials may include links or references to other websites or services to help you expand your training and education (“Third-Party Sites”). Reskill is not affiliated with such Third-Party Sites and we do not endorse any such Third-Party Sites. Such links or references are for convenience only. Your access and use of the Third-Party Sites is at your own risk. Term. Your right to participate in the RA Training will continue for the duration of your applicable training session unless you terminate your enrollment, Reskill terminates your enrollment, or both.
Reskill may suspend or terminate your RA Training (including your access to RA Services Materials, any Third-Party Materials, and any RA Training accounts that you maintain access to). Such suspension or termination may be for any or no reason, will be without penalty to Reskill, its directors, officers, donors, vendors, and its licensors, and may be carried out with or without notice to you. You agree that Reskill (and the parties referenced in the prior sentence) will not be liable to you or any third-party for any such suspension or termination.
Your sole and exclusive remedy in connection with your dissatisfaction with these Terms of Service or any aspect of the RA Training (including the RA Services Materials, Third-Party Materials or ancillary support) is to discontinue your enrollment in the RA Training at any time and discontinue your use of the RA Services Materials and Third-Party Material and any other services Reskill makes available.
You represent and agree that the information you provided in your enrollment application is true and accurate. You also represent and agree that you will not use any portion of the RA Training (including any RA Training Materials or Third-Party Materials) in a manner that violates any applicable law, rule or regulation, or that infringes or violates another party’s intellectual property rights, rights of publicity or privacy, or other rights. You represent and agree that you have all the rights necessary to provide and distribute your RA User Content and grant to Reskill and RA Training Members the applicable rights described in these Terms of Service.
You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless Reskill, and its parent, successors, affiliated companies, contractors, officers, directors, employees, volunteers, donors, sponsors, agents and its third-party suppliers, licensors, and partners (collectively, the “Reskill Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the RA Training, the RA Services Material, and/or the Third-Party Materials; (ii) your breach or alleged breach of these Terms of Service; (iii) your failure to comply with applicable laws, rules or regulations in connection with your use of the RA Training; (v) the infringement by you or any third-party of any intellectual property, privacy, or other right of any person or entity, including in connection with your RA User Content, or (vi) your breach or alleged breach of any Guidelines, or any policy between you and any other RA Training Member. Reskill reserves the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify Reskill or others referenced in these Terms of Service, and you agree to cooperate with Reskill’s defense of any such claims. You agree not to settle any such matter without the prior written consent of Reskill. You agree to use reasonable efforts to notify Reskill of any such claim, action, or proceeding that would invoke your indemnification obligations under these Terms of Service.
THE RA TRAINING, RA TRAINING CONTENT, RA SERVICES MATERIAL, THE THIRD-PARTY MATERIALS, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), THIRD-PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RA TRAINING (collectively, the “RESKILL OFFERINGS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE RESKILL PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING STATUTORY AS WELL AS EXPRESS OR IMPLIED, INCLUDING DISCLAIMING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESKILL OR IN CONNECTION WITH THE RA TRAINING WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SECTION OF THESE TERMS OF SERVICE.
22.1 No Warranties to Content.
RESKILL AND THE RESKILL PARTIES DO NOT WARRANT THAT THE RA TRAINING, RA USER CONTENT, OR ANY OTHER INFORMATION OR SERVICES OFFERED IN CONNECTION WITH OR THROUGH THE RA TRAINING WILL BE UNINTERRUPTED, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. RESKILL AND THE RESKILL PARTIES DO NOT REPRESENTATION OR WARRANT THAT THE RESKILL OFFERINGS WILL MEET YOUR NEEDS OR EXPECTATIONS, NOR GUARANTEE YOU EMPLOYMENT OR AN INTERVIEW WITH ANY PERSON OR ENTITY.
22.2 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE RA TRAINING IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
RESKILL AND THE RESKILL PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR BASED ON NEGLIGENCE, NOR WILL THEY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, LOST INCOME OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF RESKILL OR A RESKILL PARTY(IES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THESE TERMS OF SERVICE; (ii) YOUR USE OF (OR INABILITY TO USE) THE RA TRAINING OR THE RESKILL OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH RESKILL OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE RESKILL OFFERINGS, INCLUDING OTHER RA TRAINING MEMBERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RESKILL’S LIABILITY (INCLUDING THE LIABILITY OF THE RESKILL PARTIES) WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL RESKILL’S OR THE RESKILL PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF THE RA TRAINING, YOUR USE OF THE RESKILL OFFERINGS, OR YOUR INTERACTION WITH OTHER RA TRAINING MEMBERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO RESKILL, IF ANY, FOR ENROLLING IN, ACCESSING AND UTLIZING THE RA TRAINING DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER AMOUNT IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT RESKILL OFFERED THE RA TRAINING AND ENTERED INTO THE TERMS OF SERVICE IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF SERVICE, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RESKILL, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RESKILL. YOU UNDERSTAND THAT RESKILL WOULD NOT BE ABLE TO PROVIDE THE RA TRAINING AND THE RESKILL OFFERINGS TO YOU WITHOUT THESE DISCLAIMERS AND LIMITATIONS.
Reskill is not responsible for the actions, content, information or data of other third parties, including other RA Training Members. You are solely responsible for your interactions with other users of the RA Training, and any other parties with whom you interact through the RA Training.
If you have a dispute with one or more RA Training Members, you release Reskill and the Reskill Parties from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any connecting with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you acknowledge that you have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” To the fullest extent permitted under applicable law, you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against Reskill and the Reskill Parties.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
29.1 Generally.
In order to expedite and control the cost of disputes, Reskill and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of RA Training and the Reskill Offerings or these Terms of Service (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
29.1.1 Notice of Dispute.
In the event of a Dispute, you or Reskill must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to Reskill Americans, 5608 17th Ave. NW Ste 619, Seattle, WA 98107 and also via e-mail to info@reskillamericans.org. Reskill will send any Notice of Dispute to you by first class U.S. Mail to your address if Reskill has it, or otherwise to your e-mail address indicated in your enrollment application. You and Reskill will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Reskill may commence arbitration.
29.1.2 Binding Arbitration.
Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Reskill may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 29. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Seattle, Washington. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
29.1.3 Class Action Waiver.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Reskill will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
29.1.4 Arbitration Procedures.
Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Reskill and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.
29.1.5 Arbitration Fees.
Whoever files the arbitration will pay the initial filing fee. If Reskill files, then Reskill will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
29.1.6 Filing Period.
To the extent permitted by law, any Dispute under these Terms of Service must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
29.1.7 Venue.
In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 29, you agree that such Dispute will be filed only in the state or federal courts in and for King County, Washington, and you and Reskill hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Reskill (including its contractors and vendors) shall still be allowed to apply for injunctive or other equitable relief to protect or enforce their respective intellectual property rights in any court of competent jurisdiction.
If any provision of the Terms of Service or any Guideline is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Service or the applicable Guideline to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms of Service and Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Reskill’s prior written consent, but may be assigned by Reskill without consent or any restriction. Any assignment attempted to be made in violation of these Terms of Service shall be null and void.
Upon expiration or termination of these Terms of Service or the RA Training, or following your termination from the RA Training for any reason, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 5 through 11, 13, 14, and 17 through 34.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions hereof.
These Terms of Service, the Privacy Policy and Guidelines constitute the entire agreement between you and Reskill relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Service, Privacy Policy or Guidelines made by Reskill as set forth in Sections 6 or 7 above.