Your privacy is
important to us
The Graceland College Center for Professional Development and Lifelong Learning, a Missouri corporation d/b/a SkillPath (“SkillPath” or “We”), respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.skillpath.com (“Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- On this Website.
- In email, text, and other electronic messages between you and this Website.
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
The SkillPath Privacy Policy
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at customercare@skillpath.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
- That is about you but individually does not identify you; and/or
- About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, posting material, or requesting further services. We may also ask you for information from time to time.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and in the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Your search queries on the Website.
- You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. While we make take steps to protect your personal information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
- We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit SkillPath, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
- To third parties to market their products or services to you. Your email address and phone number will not be disclosed.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
- Promotional Offers from SkillPath. If you do not wish to have your email address or other contact information used by SkillPath to promote our own or third parties’ products or services, you can opt-out by clicking on the link at the bottom of our emails or call 1-800-873-7545.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Data Security
The safety and security of your information depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.
Special Notice to Those Who Reside Outside the United States
Our servers are located in the United States and all personal data is collected and processed by us in the United States. If you are not located in the United States your personal data will therefore be transferred to, processed, and stored in a country outside of the country where you live. By submitting your personal information to us, you are consenting to the processing of your personal information in the United States Your personal information will only be used by us for legitimate business purposes as set forth in this Privacy Policy.
Special Notice for California Residents
If you are a California resident, you may have certain rights with respect to your personal data including the following rights:
- the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, where personal data we have about you comes from, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;
- the right to “opt-out” of SkillPath’s sale of your personal data to any third parties;
- the right, with some exceptions, to have your personal data deleted from SkillPath’s possession or control; and
- the right to receive equal service and pricing from us even if you exercise any of your privacy rights.
California Civil Code Section 1798.83 permits California residents who use our Website to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy or our use of your personal data, please contact us by email at customercare@skillpath.com and please include “Privacy” in the subject line.
For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you. We must verify your identity with respect to such inquiries. Depending on the nature of the personal data at issue, we may require additional measures or information from you as part of that verification.
For California residents under age 18 who have publicly posted content or information, you may request and obtain removal of such content or information pursuant to California Business and Professions Code Section 22581, provided you are registered user of any Website where this Privacy Policy is posted. To make such a request, please send an email with a detailed description of the specific content or information to customercare@skillpath.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that the law may not require or allow removal in all instances, even if requested.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
The Graceland College Center for Professional Development and Lifelong Learning, Inc. d/b/a Skillpath
6900 Squibb Road
Mission, Kansas 66202
customercare@skillpath.com
SKILLPATH END USER LICENSE AGREEMENT
READ THIS END USER LICENSE AGREEMENT (EULA) (“EULA”) CAREFULLY BEFORE ACCESSING AND/OR USING THE SKILLPATH’S E-LEARNING PLATFORM AND RELATED DOCUMENTATION, IF ANY, (COLLECTIVELY, THE “PLATFORM”).
THIS EULA CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN THE GRACELAND COLLEGE CENTER FOR PROFESSIONAL DEVELOPMENT AND LIFELONG LEARNING, INC., A KANSAS CORPORATION D/B/A SKILLPATH ENTERPRISE SOLUTIONS (“SKILLPATH”) AND THE USER OF THE PLATFORM. “USERS” CAN BE SUBSCRIBERS, MEMBERS OR GUESTS ON THE PLATFORM. “SUBCRIBERS” AND “MEMBERS” ARE INDIVIDUALS, BUSINESSES OR ENTITIES WHO HAVE BEEN AUTHORIZED BY SKILLPATH TO ACCESS AND USE THE PLATFORM AS AN END USER, IN COMPLIANCE WITH A SUBSCRIPTION AGREEMENT AND/OR THIS EULA. GUESTS ARE NON-MEMBER INDIVIDUALS S AUTHORIZED BY SKILLPATH TO ACCESS AND USE THE PLATFORM AS IN COMPLIANCE WITH THIS EULA.
BY USING OR ACCESSING THE PLATFORM AND CLICKING “AGREE” AT THE END OF THIS DOCUMENT, USER UNCONDITIONALLY ACCEPTS THIS EULA EFFECTIVE AS OF THAT DATE (“EFFECTIVE DATE”). IF USER DOES NOT AGREE TO THE TERMS OF THIS EULA, USER MAY NOT USE OR ACCESS THE PLATFORM.
The Platform Product is licensed and NOT sold to Licensee. This Platform Product is protected by U.S. and International copyright laws and treaties, as well as other U.S. and International laws and treaties, both statutory and common law, related to other forms of “Intellectual Property”, including but not limited to patents, trade secrets, trademarks or any other recognized forms of common law or statutory proprietary protection. SkillPath LP (“Licensor”), or its parent, subsidiaries, affiliates, and associated entities (collectively "Licensor"), owns and/or holds all right, title and/or interest in and to all Intellectual Property rights in the Platform Product. In the event certain portions, modules or components of the Platform Product require incorporation of third-party software (which third-party software will be specifically identified to Licensee by Licensor); Licensor has obtained rights to and holds rights in such third-party software under third-party license grants to such certain third-party software Intellectual Property, which grant of rights are consistent with the rights authorized hereunder with respect to the access and/or use of the Platform Product or, alternately, Licensee shall obtain such third-party license with terms that are consistent with the requirements hereunder. The Platform Product, and any access and/or use thereof, is subject to all the terms and conditions of this Agreement and rights and interests, which may be asserted, under applicable Intellectual Property protections.
- License and Access Grant. SkillPath has granted Subscriber a non-exclusive, non-sublicensable, non-transferable, revocable limited right to access and/or use the Platform pursuant to the Subscription Agreement, which governs if in conflict with this EULA. SkillPath grants Members and Guests a non-exclusive, non-sublicensable, non-transferable, revocable limited right to access and/or use the Platform. User is not authorized to use, interface or facilitate interoperability of the Platform. User is not authorized to network, timeshare, lease, distribute, disseminate or make available, in any manner, the Platform to any third party. User shall not be permitted to alter, modify, or change, in any way; copy or reproduce; create derivative works of; or disassemble, reverse engineer, decompile or otherwise derive the source code of the Platform. No other intellectual property rights or interests are granted, either express or implied, by the provision of the Platform. No proprietary notices may be altered or removed on the Platform or any work products derived therefrom. User is not authorized to record or share activities or communications that occur on the Platform. SkillPath may at any time remove access rights to the Platform or require User and Subscriber to change their passwords if SkillPath determines, in its sole discretion, that User and Subscriber’s use or access to the Platform poses a threat to the Platform, to others’ use of the Platform or of a violation of law. SkillPath will restore connectivity and functionality as soon as practicable after it identifies and neutralizes the threat and implements any measures to ensure the threat does not reoccur. User shall not use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual property right or other rights of any person or that violates any applicable law. User agrees to comply with all laws and regulations applicable to the gathering, processing, storing, transmitting and dissemination of business or personal information.
- Updates/Maintenance/Support/Customized Services. Unless otherwise agreed in writing, SkillPath shall not be obligated during the EULA term to provide error corrections, bug fixes or updates to the Platform; to provide training, maintenance or support for the Platform nor provide any customized services; or to provide new versions or releases. SkillPath may change, modify, suspend or discontinue any aspect of the Platform at any time including removing features or revising the effectiveness of certain features in an effort to improve the overall performance of the Platform.
- Confidential and/or Proprietary Information. All right, title and interest (including all intellectual property rights embodied therein) in and to the Platform and will remain the sole and exclusive property of SkillPath. This EULA grants User no title or right of ownership in or to the Platform, or any component thereof including source code, or to any associated materials, documentation, intellectual property, or in or to any derivates of the Platform, enhancements, modifications or improvements thereto. Subscriber and User will not, at any time, take or cause any action, which would be inconsistent with or tend to impair the rights of SkillPath or its affiliates in the Platform. Subscriber and User may not remove or alter any of SkillPath’s proprietary or copyright notices, trademarks or logos. User shall consider the Platform (including the source code and associated code listings) and SkillPath intellectual property, including all related technical and business information, whether disclosed in oral, visual or written form, to be confidential and proprietary to SkillPath. User shall maintain confidentiality of all such confidential information, and without obtaining the written consent of SkillPath, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is or will be in the public domain (other than through User’s or Subscriber’s unauthorized disclosure); (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, rules of any stock exchange, or orders of the court or other government authorities; or (c) is required to be disclosed by any party to its shareholders, investors, legal counsels or financial advisors regarding the transaction contemplated hereunder, provided that such shareholders, investors, legal counsels or financial advisors shall be bound by the confidentiality obligations similar to those set forth in this Section.
- Warranty/Disclaimer of Warranties. THE SOFTWARE IS PROVIDED “AS IS” AND USER’S USE OF THE PLATFORM IS AT ITS OWN RISK. ALL WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE OR NON-INFRINGEMENT OR CLAIMS OF INFRINGEMENT, MISAPPROPRIATION, MISUSE OR UNAUTHORIZED USE FROM A THIRD PARTY ARE EXCLUDED FROM THIS EULA TO THE FULLEST EXTENT PERMITTED BY LAW. SKILLPATH MAKES NO WARRANTY AND SHALL NOT BE LIABLE FOR ANY INFORMATION PROVIDED THROUGH THE PLATFORM BY ANY SUBSCRIBER, USER OR OTHER AUTHORIZED CONTRIBUTOR. SKILLPATH MAKES NO WARRANTY THAT THE PLATFORM WILL MEET USER’S REQUIREMENTS OR OPERATE UNDER USER’S SPECIFIC CONDITIONS OF USE. SKILLPATH MAKES NO WARRANTY THAT OPERATION OF THE PLATFORM WILL BE SECURE, ERROR FREE, BUG FREE OR FREE FROM INTERRUPTION. USER MUST DETERMINE WHETHER THE PLATFORM SUFFICIENTLY MEETS USER’S REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. USER SHALL BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE PLATFORM TO MEET END USER’S REQUIREMENTS. SKILLPATH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OR CORRUPTION OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE OR IN CONNECTION WITH THE PLATFORM THAT IS ACCESSED AND USED BY USER. END USER SHALL ASSUME ENTIRE LIABILITY FOR ANY OF USER’S DATA OR INFORMATION WHICH IS USED OR PROCESSED IN CONNECTION WITH THE PLATFORM.
- Limitation of Remedies/Limitation of Liability and Damages/Indemnity. SKILLPATH WILL NOT BE LIABLE FOR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION OR TO ANY THIRD PARTY FOR CLAIMS ARISING OUT OF OR RELATED TO USER INFORMATION OR OTHER DATA AND INFORMATION PROVIDED TO SKILLPATH OR PLACED ON THE PLATFORM BY USER. IN NO EVENT WILL (A) SKILLPATH BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE PLATFORM; AND (B) SKILLPATH’S TOTAL CUMULATIVE LIABILITY TO USER EXCEED THE AMOUNT PAID BY USER, IF ANY, TO SKILLPATH UNDER THE EULA DURING THE PREVIOUS 12-MONTH PERIOD.
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SKILLPATH FROM ALL CLAIMS, JUDGMENTS, LIABILITIES, EXPENSES, OR COSTS (INCLUDING ATTORNEY’S FEES AND LITIGATION COSTS) THAT SKILLPATH MAY SUFFER OR INCUR FROM CLAIMS ARISING OUT OF USER’S BREACH OF USERS’ REPRESENTATIONS, WARRANTIES, OBLIGATIONS, COVENANTS OR AGREEMENTS UNDER THIS EULA, OR ARISING OUT OF MATERIAL OR DATA PROVIDED BY USER. - Termination. This EULA shall commence on the Effective Date remain in force and effect for the duration of the Term of the Subscription Agreement, if applicable, or for so long as User continues to use the Platform unless Subscriber or SkillPath terminate the Subscription Agreement in accordance with its terms; or SkillPath terminates User’s access and use of the Platform under this EULA in the event of a breach by User. This Section contains the parties’ exclusive termination rights. Termination of the Agreement or the EULA will relieve SkillPath of all obligations to provide User access to the Platform and any licenses granted under the Agreement or the EULA will immediately cease.
- Other Provisions
- This EULA, and any understandings explicitly referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous oral or written understandings between the parties concerning the subject matter hereof. In the event of conflict between this EULA and the Subscription Agreement between SkillPath and Subscriber, the Subscription Agreement shall prevail and supersede this EULA. The provisions of this EULA are severable; and if any provision shall be deemed invalid or unenforceable, the applicability or validity of any other provision of this EULA shall not be affected, and if any such provision shall be deemed invalid or unenforceable in any respect, this EULA shall be construed as if such invalid or unenforceable provisions are not contained in this EULA.
- SkillPath reserves the right to modify this EULA The, at any time and without notice, and at the discretion of SkillPath. Any such changes shall be posted to the SkillPath site https://skillpath.com and shall include the last updated date. It is the User’s responsibility to periodically review the most recently updated EULA. User’s continued use of the Platform indicates User’s agreement to be bound by the updated terms of the EULA.
- User shall not, without SkillPath’s prior written consent transfer, assign or delegate this EULA, or any rights or duties hereunder, directly, indirectly, by operation of law, or otherwise. Any prohibited assignment is void. This EULA shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.
- User acknowledges that its information may be used by SkillPath in accordance with SkillPath’s Privacy Policy found at https://skillpath.com/privacy. The Privacy Policy is hereby incorporated into the EULA by reference.
- SkillPath reserves the right, upon reasonable notice and during normal business hours, to conduct an audit of User’s access and use of Platform to verify compliance with this EULA.
- No failure or delay by either party in exercising any right or remedy under this EULA shall be construed as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further or other exercise of such right or remedy. All rights and remedies under this EULA are cumulative and shall not be deemed exclusive of any other rights or remedies provided by law.
- This EULA shall be governed by the laws of the State of Kansas and of the United States, as applicable, without regard to the applicability of the principles of conflicts of law, and any dispute between the parties shall be adjudicated in the competent state or federal courts in Kansas. SkillPath shall be entitled to seek all available legal and equitable remedies available. The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA or to any sale or other transaction hereunder and the Uniform Computer Information Transaction Act (“UCITA”) shall not apply to this EULA or any sale or transaction hereunder.
- SkillPath will not be responsible or liable to User, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations under this EULA by reason of any failure delay in the performance of its obligations under this EULA where such failure or delay is due to any circumstance or cause beyond SkillPath’s reasonable control, including, without limitation, flood, fire, acts of war, terrorism, earthquake, acts of God, and governmental acts, orders or restrictions.
- Any right, obligation or provision of the EULA that, by its nature should survive termination or expiration of this EULA, will survive any expiration or termination of this EULA, including, but not limited to, Sections 3, 4, 5 and 7.