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.
Acceptance of these T&C by electronic means, including through website access, account creation, or course enrollment, constitutes a legally binding agreement.
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.
Access to the Services is granted solely to the individual user registered at the time of purchase and may not be shared, transferred, sublicensed, or reassigned without prior written consent from SBA.
SBA reserves the right to suspend or terminate access if account sharing, credential misuse, or unauthorized access is detected.
If a User leaves the Purchasing Entity, access does not automatically transfer to another individual.
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 and any employer, organization, or entity purchasing or providing access to the Services ("Purchasing Entity") are solely responsible for ensuring that participation in training and the application of any information obtained through the Services does not result in injury, illness, death, property damage, system damage, project delays, regulatory violations, or employee 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:
Compliance with all applicable federal, state, and local laws, regulations, and codes, including OSHA and equivalent authorities.
Providing appropriate supervision, personal protective equipment (PPE), safety procedures, and job-specific training.
Verifying the qualifications, competency, and authorization of any individual applying the training in real-world environments.
Users acknowledge that building automation, HVAC, electrical, and controls-related work may involve inherently hazardous conditions and agree that they assume all risks associated with applying any knowledge or techniques obtained through the Services.
5. No Certification, Licensure, or Employment Guarantee
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 representations or guarantees regarding employment outcomes, job placement, promotions, compensation, or performance improvements resulting from the use of the Services.
6. 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.
7. 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.
8. Force Majeure
SBA shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, power or internet outages, governmental actions, or other unforeseen events.
9. 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.
10. Choice of Law
These T&C shall be governed by and construed in accordance with the laws of the State of Arizona, with venue exclusively in Yavapai County, Arizona.
11. 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.
12. Payments, Refunds, and Chargebacks
All fees are due in full at the time of purchase unless otherwise agreed in writing.
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 to the Services.
SBA reserves the right to recover costs associated with chargebacks, including administrative fees.
13. Taxes and Government Charges
All fees are exclusive of any applicable sales, use, value-added, or similar taxes, duties, or governmental charges, whether currently in effect or imposed in the future.
SBA reserves the right to collect and remit any such taxes as required by applicable law, including taxes imposed retroactively or prospectively by taxing authorities.
Users and Purchasing Entities are responsible for all applicable taxes related to the purchase or use of the Services, excluding taxes based solely on SBA’s net income.
14. 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.
15. 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.
16. Contact Information
For any questions about these T&C, please contact us at:
Smart Buildings Academy, LLC
1563 Via Linda Ln, Prescott, AZ 86301
