List of active policies
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This page covers the terms and conditions users agree to when accessing the eLearning site.
Terms of Service
The SBS eLearning system is a set of training modules built for instructing permitted Users on how to use Substation Design Suite™ and/or Automated Utility Design™ (. These Terms govern your use of the eLearning system and related content and services.
If you're using our Service for an organization, you're agreeing to these Terms on behalf of that organization. If you’re accessing the Service on behalf of a party that has entered into a a separate agreement with us in connection with the Service (a “Service Agreement”), your use of the Service will also be subject to the terms of the Service Agreement. Any conflict between these Terms and the Service Agreement as it relates to the Service shall be resolved in favor of these Terms.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND REPRESENT AND CERTIFY THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTIONS. YOU MAY NOT USE THE SERVICE UNLESS YOU HAVE AN UNDERLYING SERVICE AGREEMENT WITH SBS FOR SUBSTATION DESIGN SUITE™ AND/OR AUTOMATED UTILITY DESIGN™.
Definitions. In addition to terms defined elsewhere in these Terms, the following terms shall have the meanings given to them (whether used in the singular or plural).
Content: Any digital material that is accessible from the Service, which may include instructional manuals, flow charts, diagrams, instructional videos and other training and learning materials.
SBS: Spatial Business Systems, Inc. (or “we”, “our”, “us”).
Service: All features, functionalities, configuration tools, software, tasks and services made available through the eLearning system, including the ability to access any Content and User Info, as changed from time to time.
Terms: These Terms of Service, as may be updated from time to time as described herein.
User: Any employee or contractor that is a named individual authorized to use the Service and who has paid the applicable fees.
User Info: content uploaded to the Service by SBS on behalf of a User, which may be screenshots, data, video clips, or other User information.
Third Party Application: Any third-party application or other offering that is made available through, but separate from and not integrated into, the Service, including external links.
1. Legal Relationship
(a) In order to use the Service you are required to register an account with us and agree to these Terms. You may not use the Service and you may not accept these Terms if you are not of legal age and otherwise competent to enter into a legal agreement with SBS.
(b) As part of account registration and subsequent interactions with us, you may be required to provide information about yourself (such as contact details) and you agree that any information you provide to us will be and remain accurate and complete.
(d) If you are also a Service developer or Content provider, these Terms are in addition to (not in lieu) of any separate written agreement between you and us regarding your role as developer or Content provider.
2. Provision of the Service
(a) SBS may, at its sole discretion, provide any or all of the Service to you directly or indirectly through a third party.
(b) The form, nature, functionality and content of the Service may change from time to time without prior notice to you; provided, however, that SBS will not materially downgrade the core functionality and quality of the Service to paying customers. SBS will use good-faith efforts to notify paying customers of any forthcoming material changes to the Service.
(c) SBS reserves the right to temporarily suspend the Service in connection with scheduled or emergency maintenance. SBS will use reasonable efforts to minimize any such interferences with your use of the Service, such as advance notice of scheduled maintenance.
(d) SBS will not disable your account without cause or good reason (e.g., non-payment or system tampering). If SBS disables your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account.
3. Use of the Service
(a) You may use the Service solely to learn how to use Substation Design Suite™ and/or Automated Utility Design™ and related products and to otherwise use the accessible features and Service as they are designed and intended.
(b) You agree to use the Content and other aspects of the Service only for purposes that are permitted by (a) these Terms, (b) any applicable guidelines or policies provided through the Service, and (c) law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States).
(c) Without limiting the generality of the foregoing, you specifically agree not to:
- access (or attempt to access) the Service by any means other than through the interface of the Service, unless you have been specifically allowed to do so in a separate written agreement with SBS;
- access (or attempt to access) the Service through any automated means, including through use of scripts, robots, agents or web crawlers);
- interfere with or disrupt the Service, or servers or networks connected to the Service;
- use the Service to collect or store personal data about any person, including other Users;
- take any other actions in relation to the Service or Content designed or likely to downgrade or harm SBS, the Service, Content or any third parties.
- create, transmit, submit, upload, display or otherwise make available anything that (i) violates, misappropriates or infringes another person’s or company’s rights, including but not limited to intellectual property rights; (ii) contains software viruses, harmful materials or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or Content.
- use the Service or any Content to create a competing or derivative product or service. For clarity, you may not use the Service or Content to create any custom training materials.
(d) Notwithstanding anything to the contrary in this Agreement, you will not upload any User Info or any other content or materials to the Service. You acknowledge and agree that you are solely responsible for (and SBS has no responsibility to you or to any third party for) any User Info or content or materials that you create, transmit, submit, display, or otherwise make available while using the Service or Content. You represent and warrant that: (a) you have the right to provide any User Info to SBS and to permit SBS to use as set forth herein; (b) you will not provide to SBS any sensitive User Information (customer name or contact information, billing information, credit card numbers. etc.) to the Service; and (c) all User Info has been collected, used, and shared in accordance with all applicable laws and regulations.
You acknowledge and agree that you are responsible for maintaining the confidentiality of passwords associated with the account you use to access the Service. You will be solely responsible to SBS for all activities that occur under your account, except for any unauthorized activity caused.by a data breach on SBS systems. Each User will be assigned a unique user identification name and password (“User ID”) for access to and use of the Service. You are responsible for ensuring the security and confidentiality of your User IDs. User IDs may not be shared within your organization, and your access and use of the Service will be limited to the number of Users for which you have paid the applicable fees. You will prevent unauthorized access to, or use of, the Service, and notify SBS promptly of any such unauthorized use. If you wish to add additional Users, you will submit a written request for more Users and pay any additional fees required by SBS.
5. Data Privacy
6. Service Content
(a) You acknowledge and agree that the Content included in the Service may sourced from unaffiliated third parties. SBS has no obligation, but reserves the right, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service.
(b) All Content is made available by SBS on an AS-IS, AS-AVAILABLE basis. SBS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, integrity, quality or suitability for any purpose of any Content. Neither SBS nor its partners will in any case be held liable for any damage Content may cause, whether because of its accuracy, quality, integrity or otherwise.
(c) The Service, and Content specifically, may be protected by intellectual property rights belonging to SBS or a partner or other third party. You are on notice that any use thereof by you in a manner not expressly permitted by these Terms could infringe or violate those rights.
(d) You may configure and access Content in connection with User Info for the purposes intended by these Terms, in the manner permitted by the Services functionality. Otherwise, you agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Content.
7. Proprietary Rights
(a) SBS and its partners own all legal right, title and interest in and to the Content and other Service components, including any intellectual property rights which subsist therein, and including any improvements, enhancements or derivatives made by either party hereto. You do not acquire any right, title or interest in or to the Service or Content. SBS collects information and data on how the Services are used by customers and Users (such as, but not limited to, demographic information, search terms used or how customer perform searches and information about the platform and workflow) (the “Usage Data”) and reserves the right to disclose to use, modify, and share such Usage Data in its discretion. SBS owns all Usage Data. In the event any User Info anonymized, SBS and its agents, subcontractors and licensors may use and share such anonymized User Info without restriction in accordance with local laws.
(b) Nothing in these Terms gives you a right to use any SBS or partner trade names, trademarks, service marks, logos, domain names or other distinctive brand features, unless otherwise agreed in writing with SBS.
(c) The Service may enable SBS to upload your own User Info on your behalf. By providing any User Info or other materials to SBS, you give SBS and its partners a worldwide, sublicenseable, transferable, non-exclusive, irrevocable, royalty-free and perpetual license and right to reproduce, display, modify, prepare derivative works of and otherwise use such User Info and other materials (provided we keep confidential your personal data) for purposes of providing and improving of the Service, or for SBS’ internal business purposes. You represent and warrant that you have the right to grant this license and right to SBS, free and clear of any conflicting third-party rights.
8. External Links
(a) The Service may include hyperlinks to other web sites, content or resources. SBS may have no control over any web sites, content or resources which are not provided by SBS.
(b) You acknowledge and agree that SBS is not responsible for the availability of any external sites (including any Third Party Application) content or resources, and does not endorse any advertising, products or other materials on or available from such web sites, content or resources and that SBS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, information or other materials on, or available from, such web sites, content or resources.
9. Term and Termination
(a) These Terms take effect on the date you first agree to them or use the Service and will continue in force for a period of one (1) year, at which point they will continue to renew for successive one (1) year periods unless one party provides the other party with written notice that it wishes to non-renew these Terms, such notice to be given at least sixty (60) days before the end of the then-current term. Upon termination of these Terms for any reason, you must immediately cease using the Service and return any Content or other information provided by SBS.
(b) In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
(c) When these Terms terminate, all rights afforded to you hereunder shall terminate; each party will remain responsible for outstanding fees and other liabilities; and the terms herein that should reasonably be construed as intended for survival, including indemnities, disclaimers, liability limits, dispute resolution and other general provisions, shall survive.
10. Fees and Payment
There is a fee associated with the Service, and all fees will be posted with the Service and are subject to change upon notice. You agree to pay SBS in the amounts and at the times specified on the Service. As agreed by SBS, SBS will either invoice you for all fees, or will bill your credit card automatically for all fees. All amounts set forth on an invoice are due and payable by You within thirty (30) days of receipt. For credit card billing, You will provide SBS with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, SBS reserves the right to terminate your use of, or access to, the Services in addition to seeking any other legal remedies. SBS is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by SBS. You hereby agree that SBS will automatically charge your credit card on file at the times set forth on the Service, without notice to you. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than 30 days after the billing date. All fees will be paid in U.S. dollars and are due upon demand. SBS’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on SBS’ income. SBS may immediately suspend or terminate your access to the Service for any delinquent payments. Delinquent payments are subject to interest, payable by You, in the amount of 1.5% per month, and You will also be responsible for any collection costs (including attorneys fees) associated with collecting any delinquent payments.
You agree to hold harmless and indemnify SBS, its partners, other franchisee’s, partners, subsidiaries and each of their respective directors, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service and/or Content, violation of these Terms, any User Info or materials that you make available, or any other actions connected with your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SBS will provide you with written notice of such claim, suit or action. SBS shall have the right to participate, at its own expense, in the defense of any claim. You shall not agree to any settlement of any claim as set out above without the prior written consent of SBS.
12. Disclaimer; Liability Limits
(a) THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. SBS AND ITS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY SBS OR PARTNERS SHALL CREATE A WARRANTY.
(b) SBS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DATA (INCLUDING USER INFO) WILL BE SECURE FROM UNAUTHORIZED ACCESS. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ANY RELIANCE UPON THE SAME IS AT YOUR SOLE RISK.
(d) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SBS OR A PARTNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT, FROM ANY CHANGES TO THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER MATERIALS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH USER MATERIALS (INCLUDING USER INFO).
11.3 IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH ANY OF THESE TERMS, OR FEEL SBS HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND SEEK A REFUND OF PREPAID, UNUSED FEES (IF ANY). THE TOTAL LIABILITY OF SBS AND ITS PARTNERS TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE PRODUCTS OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
13. Changes of the Terms
SBS may make changes to these Terms from time to time. Any changes to these Terms will be notified to you when you log in to your account on the Service for the first time after any changes of these Terms have been made. You acknowledge and agree that your continued use of the Service after the date on which these Terms have changed as set out above will constitute your acceptance of the changed Terms to the fullest extent permissible.
14. Dispute Resolution
15. General Provisions
(a) These Terms, together with any order instruments accepted by both parties, constitutes the entire agreement and understanding between you and SBS relating to the subject matter hereof (but excluding any services which SBS may provide to you under a separate written agreement) and supersedes all written or oral commitments, undertakings and agreements which have preceded these Terms.
(b) In no event shall any delay, failure or omission of a party in enforcing, exercising or pursuing any right, claim or remedy under this Agreement be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
(c) If any court of law, having the jurisdiction to decide on this matter, finds that any provision of these Terms (or the application thereof) shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and the remaining provisions of these Terms shall continue in full force and effect.
(d) We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on or through the Service. The English language shall be the governing language in your relationship with us.
(e) Upon notice to you, our partners are each intended third-party beneficiaries of these Terms and shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Except as otherwise expressly provided in these Terms, there shall be no other third party beneficiaries to these Terms.
(f) You may not assign any of your rights and/or obligations under these Terms without SBS’ prior written consent. SBS shall be entitled to assign its rights and/or obligations under these Terms without consent.