Table of Contents

Agreement

TERMS AND CONDITIONS NOTICE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBSCRIBING TO OUR SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW AND THE TERMS OF OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, YOU SHOULD NOT CHECK YOUR ACCEPTANCE AND IMMEDIATELY TERMINATE YOUR SUBSCRIPTION TO USE OUR SERVICE.

Terms of Service

Learning Labels

Learning labels are definitions for learning expectations at a granular level. They might represent an assignment, task, activity and experience. Either the originator of the resource – a publisher, game creator, VR designer, etc. or a third party – a teacher, professor, trainer, or practitioner creates the label. The other component of a learning label is the quantitative aspect, particularly Skill Points.

The goal is to create a static representation of a label whose underlying information does not change. If the labels become obsolete or do not meet the guidelines below, then they are removed from circulation.

While providing considerable latitude, at any stage, we reserve the right to permanently remove the label if:

1. the label is clearly inaccurate;

2. contains any profanity or inappropriate information;

3. duplicates or replicates current labels;

This procedure is similar to what a social media or publisher goes through in accepting new posts or information, though freedom of speech and social currency are not primary objectives. Each of the labels are also evaluated for singularity, as a standard definition with quantitative information in skills.

In many ways a nutritional label is a similar representation: clear concise and readable, factual, and provides a basis of comparison. But while a nutritional label uses precise physical measurements, the learning, course, and job labels require elements of subjectivity or interpretation to create or evaluate them (as a peer review).

Skill Points might add perceived value to a resource. If TASK 1 earns a total of 1000 Skill Points and TASK 2 earns a total of 3000 Skill Points, a teacher might assign or a learner choose TASK 2 because of more perceived value.

Our service could be likened to providing a printing press for authors. At no stage do we declare creating the learning (being a publisher) nor being proficient in providing the review (such as an accreditation).

Singularity is necessary for a number of reasons. If TASK 1 earns a learner 100 Skill Points and then there is another definition or change to the label and another learner earns 200 Skill Points for the same task, then there is a challenge. For this reason, there are not replicates and labels are deleted as they are deemed inaccurate or become obsolete.

Label Accuracy

There is a built in peer review process where other capable practitioners, ideally those using the learning label participate to verify the accuracy of the label. Given the breadth (60,000+) of skills and the depth in acquiring them (some take decades to learn), this review process plays a crucial role in checking the labels. The Peer Review includes:

• Line by line check of each skill and related inputs to the Skill Points algorithm;

• General credence to the accuracy of the entire label;

• Inputs for subjective comments;

Each label that gets created goes through both a system and human review process from our organization. An algorithm goes through a ‘sense making’ review of the labels as they get created. This will get better as more labels populate the system.

A person (layman in the field) checks each of the skills on a label and the underlying resource for any glaring inaccurate information.

Finally to anchor the learning expectation or job requirements, the person creating the label is highly encouraged to reference relevant education, higher education, or training standards.

Some suggested future requirements regarding accuracy and the labels:

1. make peer reviews a requirement when learning labels are cloned;

2. use aggregate peer review data on the labels;

3. use skill coefficients and growth rates to put more emphasis on practitioners setting proportions on skill being applied and less on assessing and quantifying skills;

Profanity, Information Deemed Inappropriate

If there is profanity or inappropriate information in a label or a linked resource, the label will be removed. The goal of the labels is to provide clear, concise definitions for learning and jobs for readers at any age or background.

Singularity

All submitted labels with go through a redundancy check and if deemed a duplicate will be removed. Criteria for determining label singularity:

• Each label requires a URL or link to the actual resource. Check for uniqueness.

• Labels sharing a similar title. Labels might share the same title, but this raises a flag for a more thorough review.

• Referencing the same standards. A reference to the same standard will be flagged for a more thorough review.

If removed for duplication, the creator of the label will be notified of the current label and could either modify the task to establish uniqueness or reference / clone the label.

Cloning a label keeps all the standard definition and quantifying fields intact, but allows the practitioner to incorporate their label into their own workflow. This enables the practitioner to:

• change “Provider” and “Title” fields;

• provide a unique URL and landing page for the label;

• create their own performance based series using the labels;

To enforce singularity, all learning labels are in the public domain, therefore free to use and create. If a practitioner would like to use the label privately, they should clone the label.

Course Labels

Course Labels, also Skill Syllabus in another interpretation, are definitions for courses (classroom, online, MOOC, or blended), projects or training modules. They are published publicly or privately. This designation is up to you. Course Labels are derived from collections or series of learning labels chosen by the practitioner (you), so are one way to use learning labels privately.

In addition, one value proposition of Course Labels is to establish a basis of comparison of similar courses – what are differences in applied learning in an introductory programming, economics, or calculus course, for example.

While providing considerable latitude, at any stage, we reserve the right to permanently remove the label if:

1. the label is clearly inaccurate;

2. contains any profanity or inappropriate information;

Job Labels

Job Labels are definitions for applied skills and responsibilities for a formal job title or informal position. They are published publicly or privately. This designation is up to you. Job Labels might be used as the top level of a learning pathway, so referencing course labels and/or learning labels.

In addition, one value proposition of these Job Labels is to establish a basis of comparison of similar jobs – what are differences in past experience and first year application of skills for jobs with the same title.

While providing considerable latitude, at any stage, we reserve the right to permanently remove the label if:

1. the label is clearly inaccurate;

2. contains any profanity or inappropriate information;

Privacy Policy

Free and Paid Services

Our service provides free and paid services for you, as the Subscriber, a utility to create, share, market, and utilize skill labels. Upon your acceptance of the Services, including the acceptance by you of the provisions of these Terms and Conditions and our Privacy Policy, and upon our receipt of full payment of the Subscription Fee if a paid subscription, you will be given access to the Services offered on our website for the term of your subscription.

Termination Rights

You shall have the right to terminate our Services and obtain a refund of the initial one (1) year Subscription Fee if we receive written notice of your cancellation of Subscription within five (5) business days after your subscription application is accepted by us. In all other circumstances, the Subscription Fee shall be nonrefundable.

Deleting an Account

When an account is deleted, whether initiated by you or by us, all user account information will be deleted. Any learning labels that have been cloned will remain in circulation, otherwise will be marked for deletion like all other data and files related to the account. After 48 Hours, all data and files marked for deletion will be removed from the system.

Renewal of Your Annual Subscription

You will be contacted by us approximately one month before the expiration of your subscription to renew the Services for another term. The one year renewal term will commence on the date we receive the annual Subscription Fee. All Content submitted by you for your Label(s) must be provided in JPEG, GIF, PNG, SVG format (other formats may be added). We are not responsible for files or images which are fuzzy, distorted or pixilated due to Subscriber provided artwork or images and artwork.

Representations and Indemnities

When you submit your Content to us, you agree to the following terms:

1. that you have verified that the spelling, content, and design of your files are correct and there are no typos on the Content;

2. that the content of the files are true and accurate;

3. that if third party content or designs are utilized, that you have the right and/or license to utilize the third party content or designs on your labels;

You also agree herein to indemnify and defend and hold us and our officers, directors, employees and agents harmless from:

1. any violation of your obligations under these Terms and Conditions;

2. any claims, lawsuits, damages, and royalties (including the payment of our reasonable attorneys fees) arising from any unauthorized use, changes to, or misuse of the Content by you on your labels, including, but not limited to, any infringement claims brought by third parties for any wrongful or unauthorized use on your Website of any third party’s intellectual or property rights;

The indemnification obligation in this paragraph shall survive the termination or expiration of your subscription for the Services herein.

Copyright Notices And Intellectual Property Rights

All rights relating to our Website, our service marks, and domain names including all intellectual property rights herein are the sole property of Skills Label LLC and all rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on our website, including but not limited to the Skills Label website, Android, and iOS apps. All material included with a “subscriber website” is fully copyrighted as well, including both the common website displayed on the internet and the administrative part where you build the label.

Patent (US 11,587,190 B1)

The learning labels system is a patented system for the management and tracking of skills. The public listing is as follows:

A system and method for creating a standardized format for the display of skills information, and more particularly a format suitable to represent what is learned from any discrete task, resource, experience, project, or activity.

Claims priority under 35 U.S.C. § 119(e) from U.S. Provisional Patent Application No. 62/374,587 for “PROCESS/METHOD TO CREATE A STANDARDIZED DISPLAY, CATALOG, AND DATABASE FOR WHAT IS LEARNED FROM CONSUMING AN EDUCATION RESOURCE . . . ” filed Aug. 12, 2016, and from U.S. Provisional Patent Application No. 62/378,069 for “STANDARDIZED DISPLAY OF LEARNING AND KNOWLEDGE GAINED FROM A RESOURCE OR EXPERIENCE . . . ”

Customer Content And Intellectual Property Protection

You understand and agree that all information, data, text, photographs, graphics, designs, messages or other materials such as logos, trademarks, and service marks ("Content") are the sole responsibility of the person from which such Content originated. You also represent and warrant to us that if you use any information, data, text, photographs, graphics, designs, logos, trademarks, service, marks, messages or other materials or if you use any third party stock images, clip art, data, text, photographs, graphics, messages and other copyrighted work as part of your Content, that you have the received the prior written consent of the owner or the licensor of the materials for your intended use of the Content on your Website. This means that you are entirely responsible for all Content that you use on your label or send, upload, post or transmit via our Services.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. As stated in the Terms and Condition, our system and a human conducts a brief review of the Content but cannot guarantee nor take responsibility for the submitted Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains:

1. contains any untrue or misleading statement of fact about your credentials or past work history

2. contains child pornography, nudity, or anything indecent, obscene, lewd, lascivious, filthy vile, or illegal as determined by us in our sole discretion;

3. threatens or causes injury to the personal property or reputation of another person;

4. violates any trademarks, service marks, copyrights or intellectual or proprietary property rights of third parties;

5. any matter advocating or urging treason, insurrection, or forcible resistance or violation of any law of the United States;

6. any defamatory remarks directed at any other person or company;

7. misuses the scope and function of our Services, including the use of the Services for unsolicited or unauthorized advertising, purposes, unauthorized promotional purposes, or to send junk mail, spam or other type of solicitation.

Should we learn of any violation of the foregoing covenants, we reserve the right to immediately remove the offending materials without notice and shall have the right to terminate your use and access to your Website and terminate your subscription for the Services.

If your subscription to use our Service is terminated based on the violation of any of the foregoing conditions, there will be no refund paid for the Services and you will not be permitted to resubscribe to use our Services for at least one year.

As noted in the Privacy Statement, you further acknowledge and agree that we have the right, but not the obligation to save copies of your Content. Although we will not intentionally use or disclose any of your personal Content to third parties except for use on your own Website as part of the Services, we may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. comply with legal process;

2. enforce the terms of our Services;

3. use such information to respond to claims that the Content violates the rights of third-parties;

4. protect the rights, property, or personal safety of our users and the public.

Should we be required to disclose your Content, we will use best efforts to give you advance notice of our disclosure obligations. You agree that should you violate any of the foregoing covenants, you will indemnify and defend us as provided in the section titled Representations and Indemnities above.

Protection of Passwords and Access to Your Website

You agree that you are responsible for protecting your password and controlling access to your registered account. If you believe that your passwords or Content has been compromised, please notify us as soon as possible so a new password can be issued.

Limitation Of Liability

You agree that in no event shall Skills Label LLC be liable for any incidental, indirect, or consequential damages of any kind, or for loss profits or for any other type of damages whatsoever resulting from loss of use, data or profits, whether or we have been advised of possibility of the damages, arising out of or in connection with the use or performance of the website or of failure to provide the Services provided by us, including, but not limited to, damages arising from mistake, omission, virus, delay, or interruption of service for any reason beyond our reasonable control. In no event shall we be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the website or its content.

Right To Reject Any Subscriptions

We reserve the right to refuse to offer our Services to any prospective party in our sole discretion for any reason.

Right to Change Terms

WE RESERVE THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND THEREFORE, IT IS RECOMMENDED THAT YOU VISIT THESE PAGES PERIODICALLY TO REVIEW THE AGREEMENT.

If you are already a Subscriber when these changes, modification, and amendments are instituted, the changes and any pricing changes will be applicable to you only if you elect to renew your annual subscription for the Service