Learning Lab User Agreement

BUILT IN, INC., A DELAWARE CORPORATION AND ITS SUBSIDIARIES AND AFFILIATES (“BUILT IN,” “WE,” OR “US”), REQUIRE THAT ALL USERS OF BUILT IN’S LEARNING LAB (THE “LEARNING LAB”) ADHERE TO THE FOLLOWING USER AGREEMENT. THIS USER AGREEMENT (THE “USER AGREEMENT”) GOVERNS YOUR ACCESS TO AND USE OF THE LEARNING LAB. PLEASE READ THIS USER AGREEMENT CAREFULLY, AND CONTACT US IF YOU HAVE ANY QUESTIONS. BY ACCESSING OR USING THE LEARNING LAB, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT, COMMUNITY TERMS OF USE AND OUR PRIVACY POLICY. CAPITALIZED TERMS USED BUT NOT DEFINED HAVE THE MEANINGS ASCRIBED TO THEM IN THE COMMUNITY TERMS OF USE OR PRIVACY POLICY.

1.             GENERAL TERMS

1.1.        As a part of the Site, Built In operates the Learning Lab, which is a skills center for Community Members. Additionally, other third parties who wish to market their educational materials, courses and certifications (“Course Providers”) may sign up to use the Learning Lab. 

1.2.        We may update this User Agreement at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of the User Agreement or other notice on the Site. You should view this User Agreement often to stay informed of changes that may affect you. Your use of the Learning Lab constitutes your continuing agreement to be bound by this User Agreement, as they are amended from time to time.

2.             CONTENT & INTELLECTUAL PROPERTY

2.1.        If a Course Provider signs up to use the Learning Lab and Built In grants such access, such Course Providers may provide Content to us, which includes text, photographs, images, visual content, or other information and data Course Provider uploads to the related course or certification page.

2.2.        By providing Content, Course Provider grants, and represents and warrants that Course Provider has the right to grant, to Built In a revocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, and distribute such Content for any purpose, of or in connection with Built In providing the Learning Lab or the promotion thereof, to incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Course Provider further represents that it is authorized to disclose and provide all of the Content to Built In to provide the Learning Lab. Course Provider is fully responsible for any Content it provides and for ensuring the Content is complete and appropriate for public consumption on the Site and Learning Lab. Built In is under no obligation to publish any Content, it may remove or modify Content as provided in this Section 2.  

2.3.        Course Provider may remove Content it uploads directly to the Built In Site and Learning Lab. In the event Course Provider is unable to remove its Content, Course Provider may request removal of such Content by contacting [email protected]. Please allow for a few days to process your request. 

2.4.        All Content is user-generated content.  If you own or believe that you own copyrights or intellectual property rights in any of the Content, including the articles submitted by Course Providers, on the Site and Learning Lab, please follow the notification process in Built In’s Copyright Policy located at https://builtin.com/copyright-policy. Built In will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

2.5.        Course Provider grants to Built In the right to use the Marks to make announcements, statements, or other publicity or marketing materials relating to Built In.

3.             DISCLAIMERS

3.1.        In no event will Built In, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, managers, members, employees, representatives, and agents of each of the foregoing (collectively, our “Contractors”), be liable to Course Provider or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) Course Provider’s use of, or reliance on, the Learning Lab in a way not contemplated by this User Agreement; (b) the defamatory, offensive, or illegal conduct of other users of the Site or Learning Lab; or (c) Course Provider’s gross negligence or willful misconduct.

3.2.        The Learning Lab includes hyperlinks to third party websites which are not maintained by Built In. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. As a Course Provider using the Learning Lab, such Course Provider will provide a hyperlink to its external website to provide its courses and/or certifications. The inclusion of any hyperlink to external websites does not imply endorsement by Built In of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Services. Course Provider agrees that it will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights. 

 3.3.        Images of the Built In logo can only be used for linking purposes. By linking to the Site, Course Provider agrees that it will not misrepresent the relationship, if any, with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Built In approves or endorses Course Provider, Course Provider’s website, or Course Provider’s goods and services. We will have no responsibility or liability for any content appearing on Course Provider’s website. No hyperlink may appear on any page on Course Provider’s website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. 

4.             LIMITATION OF LIABILITY

4.1.        Under no circumstances will Built In or our Contractors be liable to Course Provider or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with this User Agreement or the use of the Learning Lab, or the transmission of information to or from the Site or Learning Lab over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Built In and the Contractors will be limited in accordance with this User Agreement to the extent permitted by law.

4.2.        Without limiting any of the foregoing, if Built In or any of the Contractors are found liable to Course Provider or to any third party as a result of any claims or other matters arising under or in connection with this User Agreement, the Site, the Learning Lab or Course Provider’s use of the Site or Learning Lab, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

5.             INDEMNIFICATION

Course Provider agrees to defend and indemnify Built In, and our officers, directors, managers, members, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) the Content; (b) Course Provider’s violation of this User Agreement or the Community Terms of Use; (c) Course Provider’s violation of laws; and (d) Course Provider’s violation of any rights of any third party. We reserve, and Course Provider grants to us, the right to assume the exclusive defense and control of any matter subject to indemnification by Course Provider.

6.             JURISDICTION

This User Agreement will be construed and enforced in accordance with the laws of the State of Illinois. Course Provider submit to personal jurisdiction in Illinois, and any cause of action arising under this User Agreement or otherwise involving the Learning Lab will be brought exclusively in a court in Cook County, Illinois.

7.             WAIVER OF JURY TRIAL

COURSE PROVIDER HEREBY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THIS USER AGREEMENT AND THE MATTERS CONTEMPLATED HEREBY.

8.             MISCELLANEOUS

8.1.        This User Agreement, the Community Terms of use and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Learning Lab.

8.2.        Our electronically or otherwise properly stored copy of this User Agreement will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of this User Agreement in connection with any action or proceeding arising out of or relating to this User Agreement.

8.3.        Any provisions of this User Agreement that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Learning Lab. 

8.4.        This User Agreement does not and is not intended to confer any rights or remedies on any person or entity other than the parties.

8.5.        We may assign our rights and duties under this User Agreement at any time to any third party without notice. Course Provider may not assign this User Agreement without our prior written consent. 

8.6.        Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

8.7.        If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

8.8.        Possible evidence of use of the Learning Lab for illegal purposes will be provided to law enforcement authorities.