Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("User") and U Build Academy, LLC ("Company," "we," "our," or "us") governing your access to and use of our training courses, website, and related services (collectively, the "Services"). By purchasing, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you must not use the Services.

2. Service Offerings

U Build Academy provides online training and educational services for construction professionals, including:

2.1. Individual Course Purchases

Users may purchase individual courses on a one-time basis, including but not limited to OSHA 10, OSHA 30, and other specialized training courses. These purchases grant lifetime access to the purchased course materials, subject to Section 2.3 below for third-party content.

2.2. Subscription Plans

Companies and organizations may subscribe to U Build Academy for ongoing access to our full course catalog and additional features including:

• Training management and reporting features
• Assessment and recommendation tools
• Support and consultation services
• Access to our complete training library

Subscription plans are offered with monthly and annual billing options. Pricing and plan details are available on our website and may be subject to change at our discretion with notice to active subscribers.

2.3. Third-Party Course Content

Certain courses offered through U Build Academy are provided by third-party content providers. U Build Academy is an authorized reseller of ClickSafety courses, including but not limited to OSHA 10 and OSHA 30 training. Additional third-party courses may be added in the future.

For third-party courses:

• U Build Academy does not own, create, or control the course content
• Course content, delivery, and certification are subject to the third-party provider's terms and policies
• U Build Academy acts solely as a reseller and platform host for convenient access
• Any issues with course content, technical problems specific to third-party courses, or certification matters should be directed to the respective content provider
• Continued availability of third-party courses depends on our ongoing relationship with the provider
• The third-party provider's terms of service and policies apply to your use of their content

While U Build Academy provides customer support for accessing third-party courses through our platform, we are not responsible for the content, accuracy, or quality of third-party course materials.

3. Payments and Billing

3.1. Payment Processing

All payments are processed securely through Stripe or other authorized third-party payment providers. By making a purchase or subscribing, you authorize us to charge your selected payment method.

3.2. Subscription Billing

For subscription plans:

• Billing occurs automatically on a recurring basis (monthly or annually) until you cancel
• You authorize us to charge your payment method on each billing cycle
• Subscriptions automatically renew unless canceled in accordance with Section 4

3.3. Taxes

Users are responsible for any applicable taxes imposed by their jurisdiction in connection with their purchases or subscriptions.

4. Cancellation and Refund Policy

4.1. No Refunds

This includes:

• Individual course purchases (OSHA 10/30, specialized courses, etc.)
• Monthly subscription payments
• Annual subscription payments
• Any other products or services offered through U Build Academy

By completing a purchase, you acknowledge and agree to this no-refund policy.

4.2. Subscription Cancellation

Users may cancel their subscriptions at any time through their account settings or by contacting us at help@ubuildacademy.com.

• Cancellation will take effect at the end of the current billing cycle
• You will retain access to subscription features until the end of the paid period
• No refunds or credits will be issued for unused time in the current billing period
• Once canceled, your subscription will not renew

4.3. Individual Course Access

Individual course purchases are not subscriptions and do not require cancellation. Access to purchased courses remains available as long as U Build Academy continues to operate the platform.

5. License and Restrictions

5.1. Limited License

Upon successful purchase or subscription, U Build Academy grants Users a non-exclusive, non-transferable, revocable license to access and use training materials for:

• Individual purchases: Personal use or use within your organization
• Subscription plans: Internal business purposes within the subscribing organization only

5.2. Prohibited Uses

Users may not:

• Share, distribute, or resell course content without explicit written permission
• Modify, copy, or create derivative works based on our training materials
• Attempt to circumvent any security or access controls
• Use our Services in a manner that violates applicable laws or infringes upon third-party rights
• Share account credentials or allow unauthorized access to subscription accounts
• Download or reproduce course materials for distribution outside of your organization

Unauthorized use may result in immediate termination of access and legal action.

6. Data Privacy and Security

6.1. Data Collection and Use

U Build Academy collects and processes personal data in accordance with our Privacy Policy. By using our Services, you consent to the collection, storage, and processing of your personal information as described therein.

6.2. Third-Party Payment Processing

Payment details are processed through Stripe or other third-party payment providers. We do not store your full payment card information. Payment processing is subject to the terms and privacy policies of our payment processors.

6.3. User Responsibilities

Users must safeguard their account credentials and immediately notify us at help@ubuildacademy.com of any unauthorized access. We are not responsible for security breaches resulting from negligence in protecting login credentials.

7. Intellectual Property Rights

7.1. Ownership

All course materials, website content, software, graphics, logos, trademarks, and other intellectual property (collectively, "Content") created by U Build Academy are owned by or licensed to U Build Academy, LLC and are protected under U.S. and international copyright, trademark, and intellectual property laws.

Third-party course content (including ClickSafety OSHA courses) remains the intellectual property of the respective content providers and is protected by their applicable copyrights and trademarks.

7.2. License Restrictions

Users are prohibited from:

• Copying, reproducing, or distributing Content without express written permission
• Using U Build Academy's trademarks, logos, or branding without authorization
• Claiming ownership of any Content provided by U Build Academy or third-party providers
• Reverse engineering, decompiling, or disassembling any software or technology used in our Services
• Recording, capturing, or redistributing any course content, whether created by U Build Academy or third-party providers

7.3. Enforcement

Unauthorized use of our intellectual property or third-party intellectual property may result in immediate termination of access, legal action, and liability for damages. We actively monitor and enforce our intellectual property rights and those of our content partners.

8. User Accounts

8.1. Account Creation

You are responsible for providing accurate and complete information when creating an account. You agree to:

• Provide truthful information during registration
• Maintain the accuracy of your account information
• Keep your account credentials confidential
• Notify us immediately of any unauthorized use of your account

8.2. Account Security

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

8.3. Account Termination by User

Individual users may delete their accounts at any time. Company subscribers may cancel subscriptions as outlined in Section 4.2. Termination does not entitle Users to refunds.

9. Termination and Suspension by U Build Academy

9.1. Right to Terminate

We reserve the right to suspend or terminate User access to our Services immediately and without notice if:

• The User violates these Terms and Conditions
• Payment is not successfully processed or is reversed
• Unauthorized, fraudulent, or illegal activity is suspected
• The User shares account credentials or course content in violation of Section 5
• We are required to do so by law or legal authority

9.2. Effect of Termination

Termination or suspension for policy violations results in:

• Immediate loss of access to all Services, including purchased courses
• No refund or credit for any purchases or subscription fees paid
• Potential legal action for damages caused by the violation

9.3. Data Retention

Upon termination, we may retain certain data as required for legal, accounting, or security purposes as outlined in our Privacy Policy.

10. Disclaimers and Warranties

10.1. "As Is" Basis

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2. No Guarantee of Results

U Build Academy makes no guarantee that:

• The Services will meet your specific requirements
• Course completion will result in certification, employment, or any specific outcome
• The Services will be uninterrupted, timely, secure, or error-free
• Any errors or defects will be corrected

10.3. Training Content

While we strive to provide accurate and up-to-date training content, U Build Academy does not warrant that all information is complete, accurate, or current. Users are responsible for verifying information and complying with all applicable regulations in their jurisdiction.

10.4. Third-Party Content Disclaimer

U BUILD ACADEMY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THIRD-PARTY COURSE CONTENT, INCLUDING CLICKSAFETY COURSES. We are not responsible for:

• The accuracy, completeness, or quality of third-party course content
• Technical issues or errors within third-party course platforms
• Changes to third-party course content, availability, or certification processes
• Certification outcomes or acceptance by regulatory bodies
• Third-party provider policies or business practices

Users acknowledge that third-party courses are governed by the respective provider's terms and that U Build Academy's role is limited to reselling and hosting access to such content.

11. Limitation of Liability

11.1. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL U BUILD ACADEMY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of our servers or any personal information stored therein
• Interruption or cessation of Services
• Any bugs, viruses, or other harmful code transmitted through the Services
• Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content
• Issues arising from third-party course content, including but not limited to ClickSafety courses
• Failure to obtain certification or meet regulatory requirements through third-party courses
• Discontinuation or unavailability of third-party course offerings

11.2. Maximum Liability

IN NO EVENT SHALL U BUILD ACADEMY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO U BUILD ACADEMY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.3. Third-Party Provider Liability

U BUILD ACADEMY IS NOT LIABLE FOR ANY CLAIMS, DAMAGES, OR ISSUES ARISING FROM THIRD-PARTY COURSE CONTENT OR SERVICES. Any disputes regarding third-party content must be directed to the respective content provider. This limitation applies even if third-party courses were purchased through U Build Academy's platform.

11.4. Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless U Build Academy, LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms and Conditions
• Your violation of any rights of another party, including intellectual property rights
• Your misuse of the Services
• Any content or information you submit or transmit through the Services

13. Dispute Resolution & Arbitration

13.1. Binding Arbitration Agreement

YOU AND U BUILD ACADEMY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT AS SET FORTH BELOW.

This arbitration agreement includes, but is not limited to, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion thereof.

13.2. Arbitration Procedures

• Disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• The arbitration shall take place in Broward County, Florida
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court having jurisdiction
• Each party shall bear its own costs and expenses, including attorneys' fees, unless the arbitrator determines otherwise

13.3. Waiver of Class Actions and Jury Trial

YOU AND U BUILD ACADEMY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

YOU AND U BUILD ACADEMY WAIVE ANY RIGHT TO A JURY TRIAL.

13.4. Exceptions to Arbitration

Either party may seek resolution in small claims court for disputes or claims within the scope of that court's jurisdiction. Additionally, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13.5. Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to help@ubuildacademy.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply.

14. Governing Law and Jurisdiction

14.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

14.2. Jurisdiction

Subject to the arbitration provisions in Section 13, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida for resolution of any disputes not subject to arbitration.

15. Modifications to Terms

15.1. Right to Modify

U Build Academy reserves the right to modify, amend, or update these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website unless otherwise specified.

15.2. Notice of Changes

We will notify users of material changes by:

• Posting a notice on our website
• Sending an email to the address associated with your account (for registered users)
• Updating the "Last Updated" date at the top of these Terms

15.3. Continued Use

Your continued use of the Services after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

17. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by U Build Academy, constitute the entire agreement between you and U Build Academy concerning the Services and supersede any prior agreements, representations, or understandings.

18. No Waiver

The failure of U Build Academy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of U Build Academy.

19. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. U Build Academy may assign these Terms at any time without notice to you.

20. Contact Information

For inquiries regarding these Terms and Conditions, please contact us at:

U Build Academy, LLC
Email: help@ubuildacademy.com

21. Acknowledgment