SmartBuilder: Elearning Authoring Tool

<h1>SMARTBUILDER TERMS OF SERVICE</h1><p>These Terms of Service apply to all users of SmartBuilder and SmartTracker content or websites (the "Service"), including users who are also contributors ("Submitters") of content, information, and other materials on, or made available through, the Service (“you”). By using this Service you agree to be bound by these terms of service. If you do not agree to these terms, do not click “Sign Up” and do not use this Service. Otherwise, your use of this Service constitutes agreement to these terms. Use of this Service is also subject to SmartBuilder's privacy policy available at the following link: <a href="https://www.smartbuilder.com/privacy/"> https://www.smartbuilder.com/privacy/</a></p><p>The owner of the Service, Strategic Technology Solutions Inc. dba SmartBuilder ("referred to herein as "We" or "Company") reserves the right to modify these Terms of Service in our sole discretion without notice effective upon posting on this Service. Please review the Service and these Terms of Service from time to time so that you will be apprised of any changes. Your use of the Service after new Terms of Service have been posted constitute your agreement to the new terms.</p> <h2>Third Party Content Made Accessible by Company</h2> <p>This Service displays and/or makes available materials, referred to as the "Submissions", which are uploaded or created by Submitters, over whom Company exercises no control. Company cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Service will be free of objectionable content and we assume no liability for any Submissions on, or otherwise linked to, the Service.</p><h2>Service Access</h2> <p>Company hereby grants you permission to use the Service as set forth in these Terms of Service, subject to the following:</p> <ul style="padding-left:3rem;"><li>use of the Service for personal or business reasons is permitted, provided that any use for business reasons is for the benefit of your employer’s business. Abusive, offensive, harmful, infringing or spammed material is not permitted and we reserve the right to take down any content from the Service at any time for any reason. </li> <li>you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and </li> <li>You will otherwise comply with the terms and conditions of these Terms of Service.</li></ul> <p>In order to access some features of the Service, you may have to create an account for yourself or for others to whom you wish to provide access. You may not use another's account without permission. When creating an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account or those accounts that you create, and you must keep your account password secure.</p> <h2>Intellectual Property Rights</h2> <p>All content on the Service, other than the Submissions displayed on the Service or otherwise made available via the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like ("Company Content") and all Company trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company and are subject to protection under trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. All Company Content and Marks, and all Submissions made available on or via the Service, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company or the respective owners of such Submissions. Company reserves all rights not expressly granted in and to the Service and the Company Content and Marks. You agree to not engage in the use, copying, or distribution of any of the Company Content, Marks or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Service for any commercial or service bureau purposes. If you download or print a copy of any Company Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Company Content or Submissions, or enforce limitations on use of the Service or the Company Content or Submissions displayed or made available therein.</p><h2>Submissions</h2> <p>If you are a Submitter, you may restrict access to registered Service users and may associate a password with your submission to prevent users who do not know the password from accessing the submission. However, you understand that whether or not your Submissions are displayed or otherwise made available, Company does not guarantee any confidentiality or security with respect to any such Submissions.</p> <p>You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright, data rights or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Service and these Terms of Service.</p>  <p>You hereby represent and warrant that you will not: (i) post infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous messages or materials, including material harmful to children or violative of third party privacy or other rights; (ii) upload material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) attempt to gain unauthorized access to any Submissions or related systems or networks or otherwise disassemble or reverse engineer the Service; (iv) use your access to the Service to build a competitive service or otherwise build a product using similar ideas, features, functions or graphics as the Service. Without limiting any rights or remedies otherwise available to Company under these Terms of Use, at law or in equity, your breach of these terms of use immediately terminates your right to use the Service without obligation for Company to provide notice.</p> <p>Except as specifically set forth above, no other rights, express or implied are provided to you by estoppel or otherwise to any intellectual property rights of Company and Company reserves all rights not specifically granted herein.</p>  <h2>DISCLAIMERS</h2><p>You understand that when using the Company Service, you will be exposed to Submissions from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.</p> <p>THE SERVICE AND SUBMISSIONS ARE PROVIDED "AS IS". COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.</p><h2>LIMITATION OF LIABILITY</h2><p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED US $10.00 AND IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, RESULTING FROM USE OF THIS SERVICE OR THE MATERIALS, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN.</p><p>Last Updated: December 12, 2019</p>