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Bluedrop ISM
Terms of Use
EN / FR

TERMS OF USE

These Terms of Use apply to your use of: (1) our SkillsPass online platform
including all enhancements, versions, and modifications to the foregoing
(“SkillsPass”); (2) our website, located at https://bluedropism.com (the
“Website”); and (3) the courses and training materials that we offer or
otherwise make available to you (“Courses”); and (4) the related services, apps,
Courses and communications provided through SkillsPass or our Website (the
“Services”).

SkillsPass is a software as a service solution that is hosted on Bluedrop ISM’s
cloud platform. Key users of SkillsPass include Trainers, Learners and Sponsors.
“Trainers” are organizations that perform training and grant certifications in
SkillsPass; “Learners” are individuals who receive training from Trainers and
have their certification records maintained in SkillsPass; and “Sponsors” are
organizations that are associated with an individual Learner for the purposes of
accessing the Learner’s certifications in SkillsPass. Sponsors often send
employees (Learners) to training courses with Trainers which result in earned
certifications. These certifications are then available to the Learner, the
Sponsor and in some cases other organizations who are designated as Sponsors
within SkillsPass.

In these Terms of Use, “we”, “us” or “our” refer to Bluedrop ISM Limited
(Bluedrop).

These Terms of Use contain important information that you agree to by using the
Services, including:

 * How to sign up and create an account in order to use the Services
 * The purposes that you are allowed to use the Services
 * What you are restricted from doing with the Services
 * Our ownership of the Services, including SkillsPass
 * Your ownership of User Generated Content
 * The extent or limit of our liability related to your use of the Services
 * How these Terms of Use can be terminated

For your ease of reference, we have separated these Terms of Use into two parts
– Part I is a summary of our terms that is intended to assist Users in
understanding in general terms what Users are permitted to do, what Users cannot
do, and what rights Bluedrop has in the Services. Part II contains more
specifics and technical details about the rights, obligations, and conditions
you agree to by using the Services.
From time to time we may change our Terms of Use. We will notify you of any
material changes to our Terms of Use by posting an updated copy on our website.
Please check our website periodically for updates.

Our privacy policy forms an essential part of these Terms of Use and it is
important that you read it. By accepting these Terms of Use you also accept and
consent to our privacy policy.

PART I – SUMMARY

The summary is provided as a reference, only, and Users should still read these
Terms of Use in full (including Part II which follows) to understand the rights,
obligations and conditions you agree to by using the Services.

A. How to sign up and create an account in order to use the Services

Some of our Services may require Users to register and/or create an account with
Bluedrop. You will be required to select an account designation (as a Trainer,
Employer/Sponsor or Learner) and create a password.
You will also need to create a password. You should ensure you choose a strong
password and that you do not share it with others. If you have reason to believe
your password or account has been compromised or stolen, you should contact us
immediately. Bluedrop is not responsible if you fail to take proper steps to
protect your account or password, or if you fail to notify us of a security
breach.
You may also be asked to provide certain personal information to us, including a
valid email address and the region you are located. All information you provide
must be correct and true, and you are required to update it from time to time as
needed to ensure that it remains true and correct. If we believe the information
you have provided to us is incorrect, we may decide to suspend or terminate your
use of the Services.
Once you create an account, we may communicate with you in the following ways:
(1) within the Service, or (2) a message sent to the contact information you
provided us (e.g., email, mobile number, physical address).

B. The purposes that you are allowed to use the Services

You are allowed to use the Services for your own personal use or internal
business use. You may access the Services on your own mobile device or computer,
or some other device that you control or are permitted to use. 

C. What you are restricted from doing with the Services

You may not use the Services in any inappropriate, unauthorized or unlawful
manner or for any purpose which violates any laws in either your or our
jurisdiction including but not limited to conduct and content resulting from the
use of the Services. Without limiting the foregoing, you shall not, in respect
of your use of the Services. Some examples of restricted activities are:

– you cannot create a false profile, attempt to access another person’s account
or impersonate other people;
– you cannot harass others or disclose personal information of other people;
– you cannot publish content that is untrue, hateful or threatening to other
people;
– you cannot do anything that violates the copyright ownership rights of
Bluedrop in the Services, such as using the word SkillsPass or Bluedrop or our
logos in any business name, email, or URL;
– you cannot interfere with any security settings or controls that are in place
to protect the Service system or Users; or
– you cannot sell access to the Services or any data, or use the Services for
any purposes that they are not intended to be used.

A detailed list of examples of restricted activities is provided in section 10
below [NTD: Consider hyperlink to the section below]

D. Our ownership of the Services, including SkillsPass

Except for content that you create (known as “User Generate Content”), Bluedrop
owns all rights, in and to SkillsPass, the Website and all content and materials
used in the Services.

E. Your ownership of User Generated Content

You retain all rights in the User Generated Content you submit through
SkillsPass. By submitting User Generate Content through the Services, you give
Bluedrop a license to use it or modify it in any form throughout the world
forever. 

You agree that you have good and proper title to the User Generated Content and
have all necessary rights, power and authority to give Bluedrop the above
license. 

F. The extent or limit of our liability related to your use of the Services

In addition to and without limiting the scope of the “Disclaimer and Limit of
Liability” section in our Terms of Use, you agree that Bluedop is not
responsible for the actions, services, content, or data of third parties and you
release us, our directors, officers, employees, and agents from any claims and
damages, known or unknown, arising out of or in any way connected with any claim
you have against any such third parties.

If the local laws that apply in the place you reside do not allow for a full
limitation of liability, then Bluedrop’s liability will be limited to either the
amount you paid for the Services, or $100, whichever is lower.

If anyone brings a claim, cause of action, or dispute against us related to your
actions, content or information on the Services or your use of the Services, you
agree that you will be completely responsible and hold Bluedrop harmless from
(i.e. not responsible for) any damages, losses, and expenses of any kind
(including reasonable legal fees and costs) related to any such claim, cause of
action, or dispute.

G. When Services may be suspended or discontinued

We reserve the right to discontinue – temporarily or permanently – the Services
(or any part thereof) without notice. If the Services are discontinued, we have
no responsibility to continue to store or keep any information you have posted
via the Services. You acknowledge that we may prevent your access to the
Services at any time in our sole discretion, including without limitation, your
access to any content created, submitted, posted, displayed on or through any of
the Services.

H. How these Terms of Use can be terminated

Violating any of the terms and conditions set out in these Terms of Use will
result in the immediate and automatic termination of your authorization to use
any of the Services. You must then (1) immediately cease use of all Services;
and (2) remove and delete any and all materials, products, software and
applications downloaded or otherwise obtained from or in connection with the
Services.

In addition, both you and Bluedrop may terminate the Services at any time with
notice to the other.

PART II – POLICY DETAILS

1. Introduction

1.1. Please read the following terms carefully. They apply to your use of: (1)
our SkillsPass online platform including all enhancements, versions, and
modifications to the foregoing (“SkillsPass”); (2) our website, located at
https://bluedropism.com (the “Website”); and (3) the courses and training
materials that we offer or otherwise make available to you (“Courses”); and (4)
the related services, apps, Courses and communications provided through
SkillsPass or our Website (the “Services”).

1.2. In this User Agreement “you” and “your” refer to any person or entity who
downloads, views, uses, accesses, browses or submits any content or material to
SkillsPass or registers as a user of the Services. The term “User” refers to
Trainers, Sponsors and Learners. The terms “we”, “us” and “our” refers to
Bluedrop ISM., its affiliates and its partners.

1.3. If you do not agree to the terms of this User Agreement (the “Terms of
Use”), then you may not use the Services. We reserve the right to modify these
Terms of Use at any time without prior notice. If we make material changes to
these Terms of Use, we will provide you notice through our Services, or by other
means, to provide you the opportunity to review the changes before they become
effective. You agree that each time you access the Services, you shall be
subject to the then-current Terms of Use, and continued use of the Services now
or following modifications in these Terms of Use confirms that you have read,
accepted, and agreed to be bound by such modifications. If you object to any
changes, you may close your account.

1.4. We have created a Privacy Policy (https://bluedropism.com/privacy-policy/)
that describes our collection, use, and disclosure practices regarding any
personal information that you provide to us. We will only use any personal
information that we may collect about you in accordance with our privacy policy.
Our privacy policy forms an essential part of these Terms of Use and it is
important that you read it. By accepting these Terms of Use you also accept and
consent to our privacy policy.

2. Acceptance of Terms of Use

2.1. By using our Services, you represent that: (1) you have read, understand,
and agree to be bound by these Terms of Use; (2) you are at least 13 years of
age; and (3) you have the authority to enter into the User Agreement personally
or on behalf of the entity you have named as the User.

2.2. Violating any of the terms and conditions set out in this User Agreement
will result in the immediate and automatic termination of your authorization to
use any of the Services. You must then (1) immediately cease use of all
Services; and (2) remove and delete any and all materials, products, software
and applications downloaded or otherwise obtained from or in connection with the
Services.

3. Intellectual Property and Proprietary Rights

3.1. All intellectual property rights, including without limitation copyright,
in and to SkillsPass, the Website and all content and materials (including, but
not limited to, all designs, text, graphics, interfaces, images (and the
selection and arrangements thereof), software, hypertext markup language
(“HTML”), scripts and active server pages) used in the Services therein are
owned by and shall remain owned by us, except as otherwise expressly stated in
this User Agreement.

3.2. You acknowledge and agree that the Services contain proprietary information
and content that is protected by intellectual property and other laws, and may
not be used except as provided in these Terms of Use without our prior written
permission.

4. Limited Licenses

4.1. We grant you a single user, worldwide, non-assignable, royalty-free,
non-exclusive license to access and use SkillsPass on a mobile device or
computer that you own or control and to run the copy of SkillsPass solely for
your own personal or internal business purposes.

5. Licensed Materials

5.1. You agree that the grant of the above licenses in SkillsPass and content
(the “Licensed Materials”) are subject to the following conditions and that you
shall not directly or indirectly:
(a) reproduce the Licensed Materials or use the Licensed Materials in any
compilation or publication in any medium, including without limitation,
incorporate the information, content, or other material in any database,
compilation, archive or cache without our prior written consent;
(b) modify, copy, distribute, re-publish, transmit, display, perform, reproduce,
publish, reuse, resell, license, create derivative works from, transfer, or sell
any information, content, material, software, products or services (including
but not limited to Licensed Materials) obtained through the Service in any way
other than as permitted in these Terms of Use;
(c) create derivative works based on the Licensed Materials other than as
permitted in these Terms of Use;
(d) remove any proprietary notices in relation to our intellectual property
rights;
(e) deep-link to the Services for any purpose or access the Services with any
robot, spider, web crawler, extraction software, or any other automated process
or device to scrape, copy, or monitor any portion of the Services or any
information, content, or material from the Services; or
(f) link or frame to any pages of the Services or any content contained therein
(including but not limited to Licensed Materials), whether in whole or in part,
except as provided herein.

5.2. Any rights not expressly granted herein are reserved.

6. Creating An Account, Password, and Security

6.1. The Services may require you to register and/or create an account with
Bluedrop. During this process, you must select an account designation (as a
Trainer, Employer/Sponsor or Learner) and create a password.

6.2. You agree to: (1) use a strong and secure password; and (2) keep your
password secure and confidential. You are responsible for anything that happens
through your account. You agree to (a) immediately notify us of any known or
suspected unauthorized use(s) of your password or account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your password; and (b) ensure that you exit from your account at the end of
each session. We will not be liable for any injury, loss or damage of any kind
arising from or relating to your failure to comply with (a) and (b) or for any
acts or omissions by you or someone else using your account and/or password.

6.3. You may also be asked to provide certain personal information to us,
including a valid email address and the region you are located. In consideration
of the use of the Services, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the registration form,
and (b) maintain and promptly update the personal information you provide to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or if we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).

6.4. You agree that we may provide notices to you in the following ways: (1)
within the Service, or (2) a message sent to the contact information you
provided us (e.g., email, mobile number, physical address).

7. Modifications to Services

7.1. We reserve the right to modify the Services (or any part thereof),
including but not limited to the Services’ features, look and feel, and
functional elements without notice, including without limitation, through bug
fixes, patches and version updates which add, modify and/or remove features of
the Services (collectively, “Updates”). You agree that we may install all such
Updates as required in our sole discretion.

8. Discontinuation of Services

8.1. We reserve the right to discontinue – temporarily or permanently – the
Services (or any part thereof) without notice. If the Services are discontinued,
we have no responsibility to continue to store or keep any information you have
posted via the Services. You acknowledge that we may prevent your access to the
Services at any time in our sole discretion, including without limitation, your
access to any content created, submitted, posted, displayed on or through any of
the Services.

9. Feedback

9.1. You agree that submission of any ideas, suggestions, documents, and/or
proposals to us through our suggestion, feedback, wiki, forum, or similar pages
(“Feedback”) is at your own risk and that we have no obligation (including
without limitation obligations of confidentiality) with respect to such
Feedback. You represent and warrant that you have all rights necessary to submit
the Feedback. You hereby grant to Bluedrop a fully paid, royalty-free,
perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right
and license to use, reproduce, perform, display, distribute, adapt, modify,
re-format, create derivative works of, and otherwise commercially or
non-commercially exploit in any manner, any and all Feedback, and to sublicense
the foregoing rights, in connection with the operation and maintenance of
SkillsPass or the other Services.

10. User Conduct and Prohibited Use of Services

10.1. Your use of the Services is subject to all applicable laws of your
jurisdiction. You agree to comply with all reasonable instructions that we may
give you regarding the use of the Services. Without limiting the generality of
the previous sentence,

(a) you agree to comply with Canadian and local laws or rules regarding online
conduct and acceptable content, and regarding the transmission of technical data
exported through the Services from Canada or the country in which you reside;
(b) provide accurate information to us and keep it updated; and
(c) use the Services in a professional manner.

10.2. You may not use the Services in any inappropriate, unauthorized or
unlawful manner or for any purpose which violates any laws in either your or our
jurisdiction including but not limited to conduct and content resulting from the
use of the Services. Without limiting the foregoing, you shall not, in respect
of your use of the Services:

(a) harass others or disclose personal information about others that could
amount to harassment;
(b) publish, post, upload, store, distribute or disseminate any unlawful,
defamatory, infringing, obscene, harmful, confidential, libelous, hateful,
threatening or otherwise illegal material (including but not limited to Licensed
Materials) or information or anything which might constitute a criminal offence
or give rise to a civil liability either for you or us;
(c) upload files that contain software or other material which are the
intellectual property of any third party or which are protected by rights of
privacy or publicity of any third party without having received all necessary
consents or otherwise use the Services in such a way as to violate the
intellectual property rights of any third party;
(d) upload files that contain viruses, corrupted files, or any other software or
programs that may interfere with or damage the operation of the Services;
(e) violate the intellectual property or other rights of Bluedrop, including,
without limitation, (i) copying or distributing our learning videos or other
materials or (ii) copying or distributing our technology, unless it is released
under open source licenses; (iii) using the word SkillsPass or Bluedrop or our
logos in any business name, email, or URL;
(f) reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for the Services or any related technology that is not
open source;
(g) manipulate identifiers in order to disguise the origin of any message or
post transmitted through the Services;
(h) create a false identity or create a profile for anyone other than a real
person;
(i) use or attempt to use another person’s account;
(j) impersonate others;
(k) promote or encourage illegal acts, the violation of any right of any
individual or entity, the violation of any local, state, national or
international law, rule, guideline or regulation, or otherwise creates
liability;
(l) commit any acts of infringement on the Services or with respect to Services
content or Software;
(m) use the Services to engage in commercial activities;
(n) attempt to gain unauthorized access to other computer systems from or
through the Services;
(o) interfere with another person’s use and enjoyment of the Services or another
entity’s use and enjoyment of the Services;
(p) use the Services for chain letters, junk mail, spamming, or use of
distribution lists;
(q) solicit email addresses or other personal information from Users you don’t
know, without authorization;
(r) use, disclose or distribute any data obtained in violation of this User
Agreement;
(s) bypass, circumvent, disrupt, interfere with, or otherwise harm or violate
the security or controls of the Services, system resources, accounts, passwords,
servers or networks connected to or accessible through the Services or
affiliated or linked sites;
(t) develop, support or use software, devices, scripts, robots, or any other
means or processes (including crawlers, browser plugins and add-ons, or any
other technology or manual work) to scrape the Services or otherwise copy
profiles and other data from the Services;
(u) use, copy, download, extract or reutilise any part of the Services, or use
or allow any third party (such as search engines), to use, copy, download,
extract or reutilise any part of the Services without the consent of Bluedrop;
(v) imply or state that you are affiliated with or endorsed by SkillsPass
without our express consent;
(w) rent, lease, loan, trade, sell/re-sell access to the Services or related
data;
(x) remove any copyright, trademark or other proprietary rights notices
contained in or on our Service;
(y) engage in framing, mirroring, or otherwise simulating the appearance or
function of the Services;
(z) overlaying or otherwise modifying the Services or their appearance;
(a) access the Services except through the interfaces expressly provided by
Bluedrop; or
(b) use a Service for tasks that it is not intended for.

11. Restrictions on User Generated Content

11.1. To the extent that the Services allow you and others to post, upload,
transmit, display, publish, distribute, or otherwise submit material
(collectively, “Submit”), including, but not limited to, photos, images,
information, articles, illustrations, audio files, videos, or text
(collectively, “User Generated Content”) you agree not to Submit any User
Generated Content that:

(a) contains vulgar, profane, abusive, hateful, or sexually explicit language,
epithets or slurs, text or illustrations in poor taste, inflammatory attacks of
a personal, sexual, racial or religious nature, or expressions of bigotry,
racism, discrimination or hate;
(b) is defamatory, threatening, disparaging, inflammatory, false, misleading,
deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or
unsubstantiated claims, violates the privacy rights or right of publicity of any
third party, is unreasonably harmful or offensive to any individual or
community, contains any actionable statement, or tends to mislead or reflect
unfairly on any other person, business or entity;
(c) contains copyrighted content (copyrighted articles, illustrations, images,
lyrics, photos, audio, video, poems, text, or other content) without the express
permission of the owner of the copyrights in the content;
(d) infringes any copyright, trademark, patent, trade secret, or other
intellectual property right of us or any third party;
(e) harms or is inappropriate for minors to view;
(f) advertises, promotes or offers to trade any goods or services;
(g) is intended primarily to promote a cause or movement, whether political,
religious or other;
(h) links to any commercial or other website; or
(i) is not otherwise in compliance with these Terms of Use.

12. User Representations and Warranties

12.1. You retain all rights in the User Generated Content you Submit through
SkillsPass. You grant us a fully paid, royalty-free, perpetual, irrevocable,
worldwide, non-exclusive, and fully sublicensable right and license to use,
license, distribute, reproduce, modify, adapt, publicly perform, publicly
display, derive revenue or other remuneration from, and communicate to the
public, all User Generated Content you Submit (in whole or in part) and/or to
incorporate it in other works in any form, media, or technology now known or
later developed, for the full term of any worldwide intellectual property right,
including moral rights, that may exist in such User Generated Content. This
includes the right to edit and make formatting changes to your User Generated
Content (such as translating it, modifying the size, layout or file type or
removing metadata) and the right to make your User Generated Content available
on any other sites, applications, and Bluedrop interfaces.

12.2. Each time you Submit User Generated Content to the Services, you warrant
that you have good and proper title to the User Generated Content and have all
necessary rights, power and authority to grant the above license. You agree that
you waive all moral rights you may otherwise have in the User Generated Content.

13. Disclaimer of Responsibility for User Generated Content

13.1. You acknowledge and agree that we do not control the User Generated
Content Submitted to any Service, and agree that we are not responsible for such
User Generated Content. Bluedrop assumes no responsibility or liability for this
material and assumes no responsibility for monitoring the Services for
inappropriate conduct or content. We specifically disclaim any duty, obligation,
or responsibility, to review, screen, refuse to post, remove, or edit any User
Generated Content. You are solely responsible for content you post or transmit
to other Users. Without limiting the foregoing, we have the right to remove any
User Generated Content that violates these Terms of Use or is otherwise
objectionable, as determined by us.

13.2. In addition, we do not represent or warrant that any other content or
information accessible via the Services is accurate, complete, or current. We
assume no responsibility or liability for any errors or omissions in the content
of the Service.

14. Learner Certifications and Trainer Obligations

14.1. Bluedrop does not review Learner certificate information. By using the
Service and entering certifications associated with particular Learners, each
Trainer and/or Sponsor represents and warrants that the information provided in
respect of a Learner is true and correct.

14.2. Bluedrop does not accept any responsibility for the accuracy or timeliness
of any content or certifications provided by Trainers and / or Sponsors.

14.3. If a Learner disputes any certification provided by a Trainer and / or a
Sponsor, the Learner should contact the Trainer and / or Sponsor to resolve the
dispute.

14.4. Once a Trainer or Sponsor has associated a particular certificate or
credential with a particular Learner, the certificate record can only be deleted
or modified by the Trainer, Sponsoror by us. Learner certificate information
will continue to be stored and remain accessible if the Trainer’s account which
entered the information is deleted.

15. Disclaimer and Limit of Liability

15.1. THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY
THE SERVICES (WHETHER PROVIDED BY US, YOU, OTHER USERS, AND AFFILIATES OR THIRD
PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO
FILES, VIDEO, MEDIA DEVICES, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NOT WITHSTANDING THE
FOREGOING, THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS
ASSOCIATED WITH ANY COURSE OFFERED THROUGH THE SERVICES ARE PROVIDED FOR GENERAL
INFORMATIONAL PURPOSES AND ARE NOT A SUBSTITUTE FOR CONSULTING A QUALIFIED
PROFESSIONAL IN THE APPLICABLE FIELD AND WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY,
RELIABILITY OR SUITABILITY OF INFORMATION, PRODUCTS, SERVICES, OR RELATED
GRAPHICS CONTAINED ON ANY OF THE COURSE MATERIALS

15.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE.

15.3. TO THE EXTENT PERMITTED UNDER LAW, BLUEDROP AND ITS AFFILIATES SHALL NOT
BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR
REVENUES, RELATED TO THE SERVICES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION
WITH THE (A) USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES, (B) RELIANCE
ON INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE
SERVICES.

15.4. WITHOUT LIMITING THE ABOVE, BLUEDROP AND/OR ITS AFFILIATES SPECIFICALLY
ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER:

(a) ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR
MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY
WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR,
DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PROFANITY, DANGER,
INACCURACY, OR INCOMPLETENESS IN THE SERVICES, OR ARISING OUT OF OR IN
CONNECTION WITH THE RELIABILITY OR SUITABILITY OF INFORMATION, PRODUCTS,
SERVICES, OR RELATED GRAPHICS CONTAINED IN ANY OF THE FOREGOING; OR
(b) FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING
OF ANY MATERIAL FROM THE SERVICES OR FROM THE USE OF ANY MEDIA DEVICES PROVIDED
BY BLUEDROP IN CONNECTION WITH THE SERVICES.
15.5. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY of BLUEDROP AND/OR ITS
AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED
(A) THE AMOUNT PAID BY YOU TO BLUEDROP, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

15.6. This limitation of liability is part of the basis of the bargain between
you and Bluedrop and shall apply to all claims of liability (e.g. Warranty,
tort, negligence, contract, law) and even if Bluedrop or its affiliates has been
told of the possibility of any such damage, and even if these remedies fail
their essential purpose.

16. Indemnity

16.1. You agree that you will fully indemnify and hold Bluedrop, its affiliates,
officers, directors, agents and contractors of the foregoing entirely harmless
against any claims, costs, damages (whether direct, indirect, or consequential,
including lawyers’ fees) made by anyone in connection with your (a) your use of
the Services, (b) with User Generated Content or information you Submit on or
through the Services, (c) with any alleged infringement of intellectual property
right or other right of any person or entity relating to the Services, (d) your
violation of these Terms of Use, and any other acts or omissions relating to the
Services.

17. Termination

17.1. Both you and Bluedrop may terminate this Agreement at any time with notice
to the other. On termination, you lose the right to access or use the Services.
17.2. To disable your account contact support@skillspass.com

18. Dispute Resolution

18.1. You agree that the laws of the Province of Newfoundland and Labrador,
Canada, excluding its conflict of laws rules, shall exclusively govern any
dispute relating to this User Agreement and/or the Services. You agree to the
exclusive jurisdiction of the Courts of the Province of Newfoundland and
Labrador in the event of any dispute or proceeding.

19. General Terms

19.1. If any provision of this User Agreement is declared invalid or
unenforceable, such finding will not affect the validity or enforceability of
any other provision hereof and any such invalid or unenforceable provision will
be deemed to be severed to the extent such severance is permitted under
applicable law.

19.2. To the extent allowed by law, the English language version of this User
Agreement shall govern and other translations are for convenience only. This
User Agreement (including additional terms that may be provided by us when you
engage with a feature of the Services) is the only agreement between us
regarding the Services and supersedes all prior agreements for the Services.

19.3. If we do not act to enforce a breach of this User Agreement, that does not
mean that Bluedrop has waived its right to enforce this User Agreement.

19.4. You may not assign or transfer this User Agreement (or use of Services) to
anyone without our consent. We may assign or license any and all of our rights
and obligations under this User Agreement to any person as we may, in our sole
discretion, deem appropriate, including without limitation in connection with a
merger, reorganization or sale of all or substantially all assets or equity
interests.

19.5. Except as expressly stated herein, there are no third party beneficiaries
to this User Agreement.

20. Complaints Regarding Content

20.1. We respect the intellectual property rights of others. We require that
information posted by Users be accurate and not in violation of the intellectual
property rights or other rights of third parties. If you have any concerns about
this, please contact us using the links below.

21. How To Contact Us

21.1. If you want to send us notices or service of process, please contact us:
support@skillspass.com

 

Last updated: April 22, 2022

EN / FR
ABOUT BLUEDROP


Bluedrop ISM offers a hoistic solution for organizations that deploy and manage
training for workers that stretch across many employers. Our SkillsPass platform
is designed to provide true Integrated Skills Management (ISM) across industries
and jurisdictions.



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CONTACT


HQ: St John’s

Newfoundland, Canada

1.800.563.3638

Email: info@bluedropism.com