1. Acceptance of Terms
By accessing and using the training courses, consultancy services, and resources (collectively, "Services") provided by Smart Buildings Academy, LLC ("SBA", "we", "us", or "our"), you ("User", "you") agree to be bound by these Terms and Conditions ("T&C"). If you do not agree with any part of these T&C, you must not use our Services.
2. Scope of Services
SBA offers various remote live and remote self-paced training courses, Workforce Development (WFD) programs, and consultancy services aimed at building automation industry professionals. Each course or service grants one (1) year of access to the registered individual user, unless otherwise specified.
3. Intellectual Property
All materials, content, and resources made available through our Services, including but not limited to text, images, graphics, videos, and software, are the intellectual property of SBA and are protected by copyright and other intellectual property laws. You are granted a non-exclusive, non-transferable, limited license to access and use the materials for your personal or professional development. Any unauthorized use, reproduction, modification, or distribution of our materials is strictly prohibited and may result in legal action.
4. User Responsibilities
Users are responsible for ensuring that their participation in training and use of our Services does not result in physical impairment, property damage, project delays, or employee issues. This includes, but is not limited to, adhering to all applicable Occupational Safety and Health Administration (OSHA) regulations and ensuring the correct performance of tasks to avoid accidents, injuries, or damages. Users must ensure they have the necessary qualifications and competence to perform tasks related to the training received.
5. Disclaimer of Warranties
SBA provides the Services on an "as is" and "as available" basis. We make no warranties, either express or implied, regarding the accuracy, reliability, or completeness of the Services. We do not warrant that the Services will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services.
6. Limitation of Liability
To the maximum extent permitted by applicable law, SBA and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services. SBA's total liability for any claim under these T&C, including for any implied warranties, is limited to the amount you paid us to use the Services.
7. Indemnification
You agree to indemnify and hold harmless SBA, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of our Services, your violation of these T&C, or your violation of any rights of another.
8. Choice of Law
These T&C shall be governed by and construed in accordance with the laws of Yavapai County, Arizona, without giving effect to any principles of conflicts of law.
9. Severability
If any provision of these T&C is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
10. Amendments
SBA reserves the right to amend these T&C at any time. Your continued use of the Services following the posting of changes will constitute your acceptance of such changes.
11. Termination
SBA reserves the right to terminate or suspend your access to the Services at our sole discretion, without notice, for conduct that we believe violates these T&C or is harmful to other users of the Services, us, or third parties, or for any other reason.
12. Contact Information
For any questions about these T&C, please contact us at:
Smart Buildings Academy, LLC
1563 Via Linda Ln, Prescott, AZ 86301
