An innovative partnership program between CareerBuilder and Capella Learning Solutions

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. 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:
    • Content – The text description of Courses, text defining learning activities and units, text for assignment instructions, presentation materials, tests for a Course, executable multimedia files, and all other materials, outputs, reports and components of a Course.
    • Course – A series of learning activities for teaching a training topic composed of Content.
    • Course Fees – The fees, including any discounted fees, that you pay us in order to gain access to a Course.
    • 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 access the Course. The Course Window for each Course is as follows:
      1. Front-End Web Development: 60 days
      2. Information Security: 60 days
      3. Systems and Network Administration: 60 days
      4. Retail Management: 30 days
      5. Technical Support: 30 days
      6. Customer Support Representative: 14 days
      7. Recruiter: 14 days
      8. 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.
    • Software – The software necessary for delivery presentation of the Content to deliver the Course.
    • System – The Content, Courses, Documentation, Learning Delivery Platform, 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.
  1. Restricted License to Courses. Subject to these Terms and in return for your payment of the Course Fees and your efforts to be a successful job candidate, we hereby grant you a personal, worldwide, non-exclusive, non-transferable, unassignable license to the Course for the duration of the Course Window for each respective Course beginning from the first day you access the Course, solely for purposes of completing the Course remotely via the Internet. Your license is limited only to those Courses for which you have paid a Course Fee and is subject to any other Terms of Use and Privacy Policy as may be provided by link on any page within the Learning Delivery Platform from time to time.
  2. Course Access. You may only access Courses through the Learning Delivery Platform.
  3. Restrictions on Use.
    1. You may only access the Course and System if you are 18 years of age or 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.
    2. 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; (c) incorporate the Courses, System, or any component thereof and 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; (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.
    3. 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.
    4. 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 You shall not remove, obscure, or alter the proprietary rights notices or restriction notices incorporated into the Courses and/or System.
    5. You shall not plagiarize, copy, steal or otherwise use 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.
    6. Nothing in these Terms gives you a right to use Capella or CareerBuilder’s name or any of our trademarks, logos, domain names, and other distinctive brand features.
  4. Ownership and Your Data.
    1. Capella owns and shall continue to own all Content, Courses, Derivative Works, Documentation, the Learning Delivery Platform, Software, and the System, as well as any subsequent developments created by Capella, together with all copyrights, trademarks, patents and other proprietary rights in the same.
    2. Your academic submissions remain your own, but by making such submissions you grant Capella perpetual, royalty-free license to access and use your submissions for lawful purposes deemed appropriate by Capella in its sole discretion. Capella shall own all data related to your use of the Courses and System, as well any feedback, comments, or suggestions you may provide regarding the Courses, each of which shall be deemed Capella-owned developments without any obligation or royalty due to you.
  1. Terms of Payment. Course 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.
  2. Terms of Money-Back Guarantee.
    1. Money-Back Guarantee. The Course is offered by Capella in collaboration with CareerBuilder, LLC (“CareerBuilder”). If you are a registered CareerBuilder Job Seeker and have been identified by CareerBuilder as eligible to complete the Course, the following money-back guarantee applies: We guarantee that we will refund your Course Fee in full if you satisfy all conditions stated in Section 4(B) below, and within 90 days of successfully completing the Course you do not receive a job offer for a position related to the subject matter contained in the Course from an employer with a work site located within 50 miles of the address listed in your CareerBuilder profile, or from an employer that offers you a job that the employer allows to be performed remotely (the “Money-Back Guarantee”). If you accept a job offer outside of the geographic range described above during the 90-day period after Course completion, your acceptance of that offer will waive the geographic restriction and render the terms of this Money-Back Guarantee fulfilled, and you will not be eligible for any refund. This Money-Back Guarantee does not include any promise as to the salary or other terms that will be included in a job offer. Capella and CareerBuilder may receive a placement fee from the employer who hires you. If we did not require you to pay a Course Fee we may, in our sole discretion, still help you to find a job, but you are not eligible for this Money-Back Guarantee.
    2. Conditions. The following conditions must be met in order to be eligible for the Money-Back Guarantee:
      1. You must have paid a Course Fee.
      2. This Money-Back Guarantee only applies to the first Course you take.
      3. You must have been qualified by CareerBuilder as eligible for the Course before you enrolled in it. This means that CareerBuilder has reviewed your professional and educational background, has had personal interactions with you regarding the Course and your qualifications, and has determined that you are qualified to enroll in the Course.
      4. You must successfully complete the Course by the conclusion of the Course Window. Successful completion means that you have completely reviewed all the materials in the Course, completed all assignments, and have achieved a passing score on the final assessment offered in the Course. Capella retains sole and absolute discretion to determine whether or not you have passed the Course.
      5. You must be truthful and complete in what you have told CareerBuilder about yourself and your qualifications and in what you tell prospective employers. You must also be truthful about your work in the Course and you must be the only person who logs in under your username, conducts work in the Course, and completes the Course assignments and assessments.
      6. You must reasonably cooperate with CareerBuilder’s efforts to help you find a job. This includes, for example, promptly responding to phone calls and emails, and providing information requested by CareerBuilder.
      7. You must attend and appear on time for all job interviews with employers referred to you by CareerBuilder. You must present yourself professionally at the interview. And you must pass all the background checks and other screening requirements (including but not limited to drug screenings and criminal background checks) may be required by the prospective employer.
      8. You must comply with these Terms.
    3. Claiming Your Money-Back Guarantee. In order to receive your refund under the Money-Back Guarantee, you must first send an email to claims@rightskill.com and include your name and a phone number where we can reach you to confirm your eligibility for the refund. We will contact you by phone or email and confirm that you have met the requirements of the Money-Back Guarantee. All claims for a refund must be received by Capella no later than one year after the Course Window has concluded. Inquiries regarding the Money-Back Guarantee, or the status of your requested refund, can be directed to: Capella Learning Solutions, LLC; 225 South Sixth Street, 9th Floor; Minneapolis, MN 55402, or by toll-free phone to (855) 862-6170.
    1. Termination; Effect. 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, have not received a job offer since starting the Course, and are in compliance with these Terms as determined by Capella in its sole discretion, you will be entitled to a refund of your prepaid Course Fee. 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.
    1. Warranties; Limitation of Liability; Representations.
      1. 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 UNDER THE TERMS OF THE MONEY-BACK GUARANTEE SET FORTH IN SECTION 4. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY TERMINATION OF YOUR ACCESS TO THE COURSES AND/OR SYSTEM UNDER 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 NEGLIGENCIN 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.
      2. DISCLAIMER OF WARRANTIES; WAIVER. EXCEPT FOR THE MONEY-BACK GUARANTEE AS CONTAINED IN THESE TERMS, CAPELLA 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 AND USAGE OF TRADE. THE COURSES AND THE SYSTEM ARE PROVIDED “AS IS” 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 SERVICE 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.
      3. Representation and Indemnification. You represent, warrant, and covenant that you are at least 18 years old and have read, understand, and agree to these Terms. You hereby agree to defend, indemnify, and hold harmless Capella and its 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.
    1. 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 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.
    1. 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.
    1. Modifications. We may revise these Terms from time to time. The most current version will always be at https://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 CareerBuilder profile. By continuing to access or use the Course or Systems after those revisions become effective, you agree to be bound by the revised Terms.
    1. 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.