Terms of Service
RightSkill Terms of Service
These Terms of Service (“Terms”) between you and Capella Learning Solutions, LLC (“Capella”) (“Capella” or “we,” “us,” and “our”), govern your access to and use of the courses made available to you by Capella. By accessing our courses you agree to be bound by these Terms.
1. Definitions. When used in these Terms, the terms listed in this Section shall have the following meanings
Assessment – Activities you are required to perform during a Course to measure your understanding and performance of the skills and competencies taught in the Course. Assessments may include, but are not limited to, written examinations and telephonic, virtual, or face-to-face coaching sessions.
Content – The text description of Courses, text of learning activities and units, text for assignment instructions, presentation materials, tests for a Course, executable multimedia files, and all other text, illustrations, content, materials, outputs, reports and components of a Course.
Course – A series of learning activities for teaching a training topic composed of Content.
Course Window – The amount of time, measured in days, in which you must successfully complete a Course. A Course Window begins to run from the first day you enroll in the Course. The Course Window for each Course is as follows:
i. Front-End Web Development: 60 days
ii. Information Security: 60 days
iii. Systems and Network Administration: 60 days
iv. Retail Management: 14 days
v. Technical Support: 30 days
vi. Customer Support Representative: 7 days
vii. Recruiter: 14 days
viii. Assistant Restaurant Manager: 14 days
Derivative Work – A work that is based upon one or more preexisting works, such as a revision, modification, translation, abridgment, condensation, expansion, or any other form in which such preexisting works may be recast, transformed, or adapted, and that, if prepared without authorization of the owner of the copyright in such preexisting work, would constitute a copyright infringement. For purposes of these Terms, a Derivative Work also includes any compilation that incorporates such a preexisting work.
Documentation – Written materials prepared by Capella that relate to the particular configuration or use of the Course or the Content.
Learning Delivery Platform – The Capella platform on which the Courses reside.
Program Fees – The fees, including any discounted fees, that you pay us in order to gain access to a Course and its corollary curriculum, including but not limited to coaching services.
Software – The software necessary for delivery presentation of the Content to deliver the Course.
System – The Content, Courses, Documentation, Learning Delivery Platform, Software, and the specific Capella-owned or controlled computers, that are used to deliver the Course and that is accessible to you, via password access, through a web browser.
2. License, Delivery and Restrictions.
i. You may only access the Course and System if you are 18 years of age or the age of majority in your jurisdiction, whichever is older, and comply with these Terms. Any use or display of the System and/or the Courses beyond that specifically permitted in these Terms is strictly prohibited.
ii. You shall not: (a) use the Courses or System for any commercial purpose; (b) resell the Courses or access to the Courses, the System, or the source code of the System; (c) incorporate the Courses, System, or any component thereof or any Derivative Works thereof into any product or service; (d) modify, translate, display, download, distribute, reproduce, sell, share, lease, loan, transfer, disassemble, decompile, reverse engineer, or create Derivative Works of the Courses or the System and/or any component thereof; (e) permit any other person to access the Courses and/or System including by sharing your login information; (f) transmit the Courses and/or System, in whole or in part, electronically or by any means; and (g) access the Courses and/or System other than through the Learning Delivery Platform using your authorized username and password. We reserve the right to include additional controls within the Courses and/or System to limit improper use thereof.
iii. You shall ensure the System and Courses are only accessed and used by you. You will promptly notify us of any unauthorized access to or use of the System or Courses that becomes known to you. You will cooperate with us in the enforcement of these Terms against any third parties who access the System and Courses in violation of these Terms. We shall have the right to immediately discontinue your access to and use of the System and Courses if, in our sole judgment, you breach these Terms, or impede or disrupt any third party’s authorized use of the System or Courses or if Capella has reason to believe that your continued use of the System may harm or damage the System.
iv. You shall not publish or otherwise make publicly available the Courses, System, or any component thereof, whether on a website, in a generally available product, or otherwise. You shall not remove, obscure, or alter the proprietary rights notices or restriction notices incorporated into the Courses and/or System.
v. You shall not plagiarize, copy, steal or otherwise use any Content or any other person’s writings or work and represent it to be your own. You shall not engage in any communication or activity in connection with the Course that Capella deems, in its sole discretion, to be discriminatory, threatening, harassing, or obscene.
vi. Nothing in these Terms gives you a right to use Capella or CareerBuilder’s name or any of our trademarks, logos, domain names, or other distinctive brand features.
D. Ownership and Your Data.
i. Capella owns and shall continue to own all Content, Courses, Documentation, the Learning Delivery Platform, Software, and the System, as well as all Derivative Works of the foregoing and any subsequent developments created by Capella, together with all copyrights, trademarks, patents and other proprietary rights in the same.
ii. Your academic submissions remain your own, but by making such submissions you grant Capella a perpetual, irrevocable, royalty-free, worldwide license to access and use your submissions for lawful purposes deemed appropriate by Capella in its sole discretion. Capella shall own, and you hereby assign to Capella, all data related to your use of the Courses and System, as well any feedback, comments, or suggestions you may provide regarding the Courses or the System, each of which shall be deemed Capella-owned developments without any obligation or royalty due to you.
3. Terms of Payment. Program Fees must be paid in full before you first gain access to the Course. If for any reason any governmental entity shall impose sales or use tax on your purchase under these Terms, you shall be responsible for the payment of such sales or use tax. Notwithstanding anything in these Terms to the contrary, however, all taxes levied or assessed on income shall be borne by the party receiving such income.
A. Cancellation Within First 48 Hours. If you elect to cancel your enrollment in the Course and so notify Capella within the first forty-eight (48) hours of the Course Window, Capella shall refund your Program Fee for the applicable Course. Your notice must be sent via email to email@example.com and your email must be timestamped by Capella within the first forty-eight (48) hours of the Course Window in order to be effective. Thereafter, you shall not be entitled to a refund of your Program Fee except as otherwise provided in these Terms. Notwithstanding the foregoing provisions of this Section 4.A, you shall not be entitled to a refund of your Program Fee if you have successfully completed all Assessments within a Course within the first forty-eight (48) hours of the Course Window.
B. Course Withdrawal.
i. You will be provided three (3) attempts to complete each Assessment in the Course. If, after the third attempt, you have failed to successfully complete the Assessment as determined in Capella’s sole discretion, you will be withdrawn from the Course, your access to the Course terminated, and you will receive no refund of your Program Fee.
ii. If an Assessment requires you to appear for a telephonic, virtual, or face-to-face coaching session and you fail to appear for the session within ten (10) minutes of the appointed time and you have failed to provide Capella with at least three (3) hours’ notice that you will not appear for the session, then such failure shall be deemed a second failed attempt at an Assessment. Provided that you reschedule the missed session within forty-eight (48) hours of having missed it, you may attend an additional coaching session. If you fail to reschedule within forty-eight (48) hours, or you do not appear for a rescheduled coaching session within ten (10) minutes of the appointed time, then such failure shall be deemed a third failed attempt at an Assessment and you will be withdrawn from the Course, your access to the Course terminated, and you will receive no refund of your Program Fee.
iii. Capella reserves the right to withdraw you from the Course, terminate your access to the Course, and retain your Program Fee if a period of seven (7) or more calendar days elapses without you logging into the Course. Before taking such steps, Capella will notify you via the email address associated with your account in the Learning Delivery Platform that five (5) or more calendar days have elapsed without you logging into the course. If, within forty-eight (48) hours of Capella sending that email you still have not logged into the Course, then you will be withdrawn from the Course, your access to the Course terminated, and you will receive no refund of your Program Fee.
5. Termination; Effect. Notwithstanding any provision within these Terms to the contrary, Capella may terminate your access to the Courses and/or System at any time in its sole discretion. In the event we terminate your access at a time when you are currently enrolled in a Course during the Course Window, and are in compliance with these Terms as determined by Capella in its sole discretion, you will be entitled to a refund of the Program Fee you paid for your access to the applicable Course. Upon termination and/or your Course completion, in addition to the parties’ other rights and remedies available at law or equity, you agree to immediately cease use of the Courses and System, and all components thereof. Any provision of these Terms that by its sense and context is intended to survive expiration or termination shall so survive.
6. Warranties; Limitation of Liability; Representations.
A. LIMITATION OF LIABILITY AND YOUR SOLE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS BY CAPELLA OR CAREERBUILDER IS A REFUND TO YOU OF THE PROGRAM FEE YOU PAID FOR YOUR ACCESS TO THE APPLICABLE COURSE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY TERMINATION OF YOUR ACCESS TO THE COURSES AND/OR SYSTEM UNDER SECTION 4 OR SECTION 5. YOU WAIVE ALL RIGHTS TO ANY OTHER REMEDY. UNDER NO CIRCUMSTANCES SHALL CAPELLA OR ITS PARENT, AFFILIATES AND/OR THEIR RESPECTIVE EMPLOYEES, AGENTS, AND ASSIGNS OR CAREERBUILDER OR ITS PARENT, AFFILIATES AND/OR THEIR RESPECTIVE EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST OPPORTUNITIES, LOST WAGES, TERMINATION, SEPARATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, DAMAGES RESULTING FROM DELAY OR INTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE COURSES AND/OR SYSTEM, WHETHER OR NOT THERE IS NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAPELLA OR CAREERBUILDER UNDER ANY CAUSE OF ACTION ARISING FROM OR RELATING TO THESE TERMS OR THE COURSES EXCEED FIVE HUNDRED DOLLARS.
B. DISCLAIMER OF WARRANTIES; WAIVER. CAPELLA DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, THAT YOU SHALL QUALIFY OR OBTAIN A JOB INTERVIEW, JOB, PROMOTION, SALARY INCREASE, OR OTHERWISE EXPERIENCE CAREER PROGRESS OF ANY KIND. CAPELLA FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO QUALITY, PERFORMANCE, TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COURSES AND THE SYSTEM ARE PROVIDED “AS IS” AND CAPELLA DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE COURSES OR SYSTEM. YOUR USE OF THE COURSES AND SYSTEM IS AT YOUR OWN RISK. THE COURSES AND SYSTEM MAY BE INTERRUPTED OR CONTAIN ERRORS. CAPELLA DOES NOT GUARANTEE THAT THE SYSTEM CANNOT BE COMPROMISED, WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. The Courses are not ACCREDITED, NOT designed to lead to a degree, and not intended to apply toward licensure.
C. Representation and Indemnification. You represent, warrant, and covenant that you are at least 18 years old, or the age of majority in your jurisdiction, whichever is older, and have read, understand, and agree to these Terms. You hereby agree to defend, indemnify, and hold harmless Capella, CareerBuilder, and their officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of these Terms by you.
7. Governing Law; Venue; Attorneys’ Fees. These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles. All disputes arising out of these Terms shall be exclusively brought in the state and federal courts in Minneapolis, Minnesota and you irrevocably submit to the personal jurisdiction of such courts for purposes of any disputes related to these Terms.
8. Force Majeure. If performance of any obligation hereunder (except payment of monies due) is prevented, restricted or interfered with by any force majeure, including without limitation act of God; fire or other casualty or accident; strikes or labor disputes; war or other violence; unavailability of or delays in procuring materials, power or supplies; any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental or intergovernmental agency or body; or any other act or condition whatsoever beyond the reasonable control of the party affected thereby, the party so affected will be excused from such performance during the time such prevention, restriction or interference persists.
9. Modifications. We may revise these Terms from time to time. The most current version will always be at rightskill.com/terms/. If the revision, in our sole discretion, is material we will notify you via an email to the email address associated with your account in the Learning Delivery Platform. By continuing to access or use the Course or Systems after those revisions become effective, you agree to be bound by the revised Terms.
10. Miscellaneous. You may not assign these Terms or your license hereunder without our prior written consent. Our waiver of a breach or violation of any provision of these Terms shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision hereof. In the event any provision in these Terms is held to be unenforceable, the remainder of these Terms shall remain in full force and effect, and the invalid provision will be restated so as to be enforceable to the maximum extent permissible under law. These Terms constitute the entire agreement between you and Capella with respect to the subject matter and supersede all previous negotiations, understandings, and agreements between you and us.