Effective Date: 01-01-2026
These Terms and Conditions ("T&C") govern access to and use of the training courses, Workforce Development programs, consulting, and related resources provided by Smart Buildings Academy, LLC ("SBA", "we", "us", or "our") (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these T&C.
If you do not agree, do not access or use the Services.
"User" means the individual accessing the Services.
"Purchasing Entity" means any employer, organization, agency, or other entity purchasing, reimbursing, sponsoring, or providing access to the Services for one or more Users.
"Materials" means all SBA content and resources made available through the Services, including videos, live sessions, recordings, slides, text, assessments, quizzes, templates, worksheets, graphics, downloads, and any related documentation.
"Platform" means SBA websites, learning management systems, portals, and any software systems used to deliver the Services.
"Confidential Information" means non-public information disclosed by SBA, including business methods, pricing, course structures, training frameworks, internal processes, instructor materials, and any non-public Materials.
By accessing, registering for, purchasing, enrolling in, attending, or using the Services, you confirm you are legally able to enter into this agreement and you agree to these T&C.
Acceptance by electronic means, including website access, account creation, checkbox acceptance, or course enrollment, constitutes a legally binding agreement.
If you are using the Services on behalf of a Purchasing Entity, you represent you have authority to bind that Purchasing Entity, and "you" includes both you and the Purchasing Entity.
SBA offers remote live and remote self-paced training courses, Workforce Development programs, and consulting services for building automation and related industry professionals.
Unless otherwise specified in writing by SBA, each purchase grants one (1) year of access to the applicable Materials for the registered User only.
Access is granted solely to the individual User registered at the time of purchase and may not be shared, transferred, sublicensed, or reassigned without SBA’s prior written consent.
If a User leaves the Purchasing Entity, access does not automatically transfer to another individual.
SBA may suspend or terminate access if account sharing, credential misuse, unauthorized access, or other prohibited activity is detected.
All Services, Materials, and Platform components are owned by SBA or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.
No ownership rights are transferred to you. All rights not expressly granted are reserved by SBA.
Subject to these T&C and payment of applicable fees, SBA grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and Materials solely for your internal professional development and, if applicable, the internal business purposes of the Purchasing Entity during the access term.
You may take personal notes for your own internal use. You may also create internal work instructions, internal SOPs, and internal documentation for the Purchasing Entity, provided such items do not include verbatim copies of the Materials beyond minimal excerpts necessary for internal reference, and provided they are not shared outside the Purchasing Entity.
Except as expressly permitted in writing by SBA, you and the Purchasing Entity must not, and must not allow any third party to:
You acknowledge that unauthorized use, copying, or disclosure of SBA Materials may cause irreparable harm for which monetary damages may be inadequate. SBA may seek injunctive or equitable relief, in addition to any other remedies available at law.
You and the Purchasing Entity agree to maintain SBA Confidential Information in strict confidence and to use it only as necessary to receive the Services as intended.
You must not disclose Confidential Information to any third party without SBA’s prior written consent.
Confidentiality obligations do not apply to information that you can demonstrate is: (a) publicly available through no fault of yours, (b) rightfully received from a third party without restriction, or (c) independently developed without use of SBA Confidential Information.
Upon request, you agree to return or destroy SBA Confidential Information in your possession, except to the extent retention is required by law.
During the term of a Purchasing Entity’s access to the Services and for twelve (12) months thereafter, the Purchasing Entity agrees not to directly or indirectly solicit for employment, engagement, or contract any SBA employee, instructor, trainer, consultant, or contractor who (a) provided Services, instruction, consulting, support, or account management to the Purchasing Entity, or (b) became known to the Purchasing Entity in connection with the Services.
General solicitations not specifically targeted to SBA personnel, such as broadly distributed public job postings, do not violate this section so long as they are not directed at SBA personnel and do not specifically encourage SBA personnel to apply.
The Purchasing Entity acknowledges breach of this section may cause harm that is difficult to quantify, and SBA may seek injunctive relief in addition to other remedies available at law.
Users and Purchasing Entities are solely responsible for ensuring that participation in training and application of any information obtained through the Services does not result in injury, illness, death, property damage, system damage, project delays, regulatory violations, or employment or contractor issues.
The Services are educational in nature only and do not constitute site-specific safety training, job hazard analysis, lockout/tagout instruction, electrical safety training, or compliance training unless explicitly stated in writing by SBA.
Users and Purchasing Entities are solely responsible for:
Users acknowledge that building automation, HVAC, electrical, and controls-related work may involve inherently hazardous conditions and agree they assume all risks associated with applying knowledge or techniques obtained through the Services.
You agree not to use the Services to:
SBA may investigate suspected violations and may suspend or terminate access.
SBA may record live sessions for quality, training, and on-demand access.
By participating in live sessions, you consent to being recorded to the extent your audio, video, chat, screen name, or shared content may be captured.
You may not record, reproduce, or redistribute live sessions or recordings unless SBA provides prior written consent.
Completion of any course or program does not constitute professional certification, licensure, or authorization to perform regulated work unless explicitly stated in writing by SBA.
SBA makes no guarantees regarding employment outcomes, job placement, promotions, compensation, or performance improvements resulting from use of the Services.
The Services are provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, SBA disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
SBA does not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that any content is complete, current, or accurate for any specific application.
To the maximum extent permitted by applicable law, SBA and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, loss of data, loss of use, loss of goodwill, or other intangible losses arising from or related to the Services.
SBA’s total liability for any claim arising under these T&C will not exceed the amount paid to SBA by you for the specific Services giving rise to the claim during the twelve (12) months preceding the event that gave rise to the claim.
Some jurisdictions do not allow certain limitations, so these limitations apply to the maximum extent permitted by law.
You agree to indemnify and hold harmless SBA, its officers, directors, employees, and agents from claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services, (b) your violation of these T&C, (c) your violation of any rights of another, or (d) your misuse of the Materials.
All fees are due in full at the time of purchase unless otherwise agreed in writing by SBA.
Except where required by law or explicitly stated in writing by SBA, all purchases are non-refundable.
Unauthorized chargebacks or payment disputes may result in immediate suspension or termination of access.
SBA reserves the right to recover costs associated with chargebacks, including administrative fees, collection costs, and reasonable attorneys’ fees to the extent permitted by law.
All fees are exclusive of applicable sales, use, value-added, or similar taxes, duties, or governmental charges.
SBA may collect and remit taxes as required by law.
Users and Purchasing Entities are responsible for all applicable taxes related to purchase or use of the Services, excluding taxes based solely on SBA’s net income.
SBA may collect and use personal information in accordance with SBA’s Privacy Policy, which is incorporated by reference into these T&C.
SBA may send Users operational emails related to accounts, access, course updates, and support. Marketing communications may be subject to opt-out options where required by law.
Where a Purchasing Entity sponsors access, SBA may share enrollment status, completion status, and progress reporting with the Purchasing Entity as reasonably necessary for administration of the program, consistent with the Privacy Policy and applicable law.
SBA is not liable for failure or delay in performance due to events beyond its reasonable control, including acts of God, natural disasters, labor disputes, power or internet outages, governmental actions, cyber incidents, or other unforeseen events.
SBA may suspend or terminate access at its discretion for conduct that violates these T&C, threatens the security of the Platform, harms SBA or other users, involves nonpayment, or involves prohibited sharing or misuse.
Upon termination, the license granted in these T&C ends immediately.
Sections that by their nature should survive termination will survive, including Intellectual Property, Limited License and Prohibited Uses, Confidentiality, Non-Solicitation, Disclaimers, Limitation of Liability, Indemnification, Choice of Law, and Venue.
These T&C are governed by the laws of the State of Arizona, without regard to conflict of law rules.
Exclusive venue and jurisdiction will be in state or federal courts located in Yavapai County, Arizona, and the parties consent to personal jurisdiction there.
SBA may amend these T&C at any time by posting updated terms on the Platform or providing notice. Continued use of the Services after the effective date of updated terms constitutes acceptance.
If a change materially reduces your rights, SBA may provide additional notice as required by applicable law.
You may not assign or transfer these T&C or any rights under them without SBA’s prior written consent.
SBA may assign these T&C in connection with a merger, acquisition, reorganization, or sale of assets.
If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
Failure to enforce a provision is not a waiver of the right to enforce it later.
These T&C, together with any order forms, statements of work, or written terms explicitly incorporated by reference, constitute the entire agreement regarding the Services and supersede prior agreements on the same subject.
Smart Buildings Academy, LLC
1563 Via Linda Ln
Prescott, AZ 86301
support@smartbuildingsacademy.com
