Terms, Rights and Privacy Policy

Please read this document (“TERMS”) carefully before using J.A.F.A.R., The Skills Manager Pro ™ (“APPLICATION”) provided to you by the copyright holders via the http://www.skillsmanager.pro website operated by Upward Mobility Books (“SERVICE”).

Your access to and use of the SERVICE and the APPLICATION is conditioned upon your acceptance of and compliance with these TERMS. These TERMS apply to all visitors, users and others who wish to access or use the SERVICE and the APPLICATION.

By accessing or using the SERVICE you agree to be bound by these TERMS. If you disagree with any part of the TERMS, then you do not have permission to access the SERVICE and use the APPLICATION.

Contents:

  1. About J.A.F.A.R., The Skills Manager Pro ™
  2. Proprietary Rights
  3. Terms of Use: APPLICATION
  4. Terms of Use: SERVICE
  5. Privacy Policy.

1. J.A.F.A.R., The Skills Manager Pro ™

(also referred to as “APPLICATION”) is an individual skills management spreadsheet template which is developed to accompany an online course “How to Get Skilled: A Brief Introduction to Individual Skills Management” offered by OPEN SUNY® on Coursera® learning platform (www.coursera.org). To learn more about how to use the APPLICATION, please consult the following publication:

Chukhlomin, Valeri (2018). How to Get Skilled: A Brief Introduction to Individual Skills Management. Saratoga Springs, New York: Upward Mobility Books. ISBN-13: 978-1-986610-39-1.

2. Proprietary Rights

J.A.F.A.R., The Skills Manager Pro™ (also referred to as “APPLICATION”) is a copyrighted work and the property of the creator and contributor.
Trademark application for “J.A.F.A.R., The Skills Manager Pro” is currently in review with the United States Patent and Trademark Office (USPTO).

Copyright © Valeri Chukhlomin (creator), 2018

Copyright © Alena Rodick (contributor, MS Excel template), 2018

All rights reserved.

By downloading and using the APPLICATION, you acknowledge and agree that the APPLICATION is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. You may download the APPLICATION to your personal or handheld computer for your private use only. You may privately share your edited version of the APPLICATION or documents derived from it with your family, friends, employer(s). You may not remove or alter any logos, copyright, terms of use, attributions, or other proprietary notices within the APPLICATION. Except as expressly authorized by us or our licensors, you agree not to sell, lease, rent, lend, or commercially redistribute the APPLICATION or any document derived from it. You may not rewrite, modify, create derivative works from the APPLICATION in whole or in part for commercial use, broadcast, or publication. You must first ask our permission if you intend to incorporate the APPLICATION into a website or otherwise in such a way that is not clear to the users that we are the source of the content. You must also ask our permission if you are going to use the APPLICATION for any fee-based or other commercial activity, such as teaching, training, and coaching. We reserve all of our other rights not granted in these TERMS, including the right to amend or discontinue the APPLICATION at any time and without prior notice.

3. Terms of Use: APPLICATION

THIS APPLICATION (ALSO REFERRED TO AS “SOFTWARE”) IS PROVIDED BY THE CREATORS AND COPYRIGHT HOLDERS “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRIGEMENT. IN NO EVENT SHALL THE CREATORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. WITHOUT LIMITING THE ABOVE, YOU ACCEPT THAT THE SOFTWARE MAY NOT MEET YOUR REQUIREMENTS OR OPERATE ERROR FREE.

THE SUBJECT MATTER CONTENT CONTAINED IN THIS SOFTWARE IS GENERAL INFORMATION. THE CREATORS OR COPYRIGHT HOLDERS SHALL NOT BE LIABLE OR RESPONSIBLE FOR MISINTERPRETATIONS RELATED TO THE CONTENT OF THE APPLICATION. NOR ARE WE RESPONSIBLE FOR ITS APPLICABILITY TO A PERSONAL SITUATION. THE PERSON OR ORGANIZATION OR ANY OTHER PARTY USING THE SOFTWARE BEARS ALL RISKS AND RESPONSIBILITY FOR THE QUALITY AND PERFORMANCE OF THIS SOFTWARE.

TO USE THE SOFTWARE, YOU MUST HAVE A LICENSED COPY OF MS EXCEL. MICROSOFT (OR “MS”) EXCEL® IS A REGISTERED TRADEMARK OF MICROSOFT CORPORATION. COURSERA® IS A REGISTERED TRADEMARK OF COURSERA, INC. OPEN SUNY® IS A REGISTERED TRADEMARK OF THE STATE UNIVERSITY OF NEW YORK.

4. Terms of Use: SERVICE

Links to Other Web Sites

The SERVICE may contain links to third party web sites or services that are not owned or controlled by Upward Mobility Books. Upward Mobility Books has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Upward Mobility Books shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access to the SERVICE immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the TERMS.

All provisions of the TERMS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Upward Mobility Books and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the SERVICE, or b) a breach of these TERMS.

Limitation of Liability

In no event shall Upward Mobility Books, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the SERVICE; (ii) any conduct or content of any third party on the SERVICE; (iii) any content obtained from the SERVICE; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the SERVICE is at your sole risk. The SERVICE is provided on an “AS IS” and “AS AVAILABLE” basis. The SERVICE is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Upward Mobility Books its subsidiaries, affiliates, and its licensors do not warrant that a) the SERVICE will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the SERVICE is free of viruses or other harmful components; or d) the results of using the SERVICE will meet your requirements.

Governing Law

These TERMS shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these TERMS will not be considered a waiver of those rights. If any provision of these TERMS is held to be invalid or unenforceable by a court, the remaining provisions of these TERMS will remain in effect. These TERMS constitute the entire agreement between us regarding our SERVICE and supersede and replace any prior agreements we might have had between us regarding the SERVICE.

Changes

We reserve the right, at our sole discretion, to modify or replace these TERMS at any time. If a revision is material, we will provide at least 30 days notice prior to any new TERMS taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our SERVICE after any revisions become effective, you agree to be bound by the revised TERMS. If you do not agree to the new TERMS, you are no longer authorized to use the SERVICE.

Contact Us

If you have any questions about these TERMS, please contact us.

5. Privacy Policy

WE DO NOT COLLECT ANY INFORMATION ABOUT YOU.

Effective date: April 1, 2018.