Stonebridge Learning Terms of Use

These Terms of Use [“Terms”] apply to all Stonebridge Learning, LLC [“Stonebridge Learning”] products and services, including www.stonebridgelearning.com [our “Website”], the Vitruvius Learning Management System [“Vitruvius LMS”], our applications, and our ePubs [collectively, our “Services”].

Please read these Terms carefully before using our Services. By using our Services, you agree to these Terms; if you do not agree, do not use our Services.

These Terms apply to all Stonebridge Learning website visitors, Students, Clients, and others who access or use our Services. Use of our Services is also governed by our Privacy Policy and, if you are a Stonebridge Learning Client, the client contract we execute with you.

You affirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as our Services are not directed to children younger than 13. Any person who accesses our Services represents that they are 13 years of age or older.

The section titles are displayed for convenience only and have no legal effect.

Content & Intellectual Property

Stonebridge Learning respects the rights and intellectual property of others, and we ask our users to do the same.

Unless otherwise noted, all text, graphics, photographs, sounds, music, artwork, videos, audiovisual combinations, interactive features, software, scripts, user interfaces, visual interfaces, trademarks, and computer code [collectively, our “Content”], including but not limited to the design, structure, selection, coordination, expression, and arrangement of the Content contained in our Services is owned, controlled, or licensed by or to Stonebridge Learning and is protected by trade dress, copyright, and various other intellectual property rights and unfair competition laws.

Except as provided in these Terms, the Content in our Services may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without prior written consent from Stonebridge Learning.

Where applicable, we have made every effort to cite, reference, or link to material not owned by Stonebridge Learning. We reference this material under the fair use clauses for criticism, teaching, scholarship, and/or research purposes, but cannot guarantee that our use of the material is not infringing on any registered or non-registered copyrights. If you feel your copyrighted work has been misrepresented or used in a way that constitutes copyright infringement, please contact us at your earliest convenience with specific information about where your work is referenced in our Services (see contact provision, below).

Any content not owned by Stonebridge Learning is the property of its respective owners, who may or may not be affiliated with or connected to us. If you fail to adhere to these Terms, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on our Services, you agree to indemnify and hold harmless Stonebridge Learning and its employees, contractors, officers, directors, representatives, vendors, and content providers.

Icons used throughout our Services are made by or derived from Freepik from www.flaticon.com and are licensed by CC 3.0 BY. Logo designed by Thornewerx.

Outside Websites and Third-Party Providers

Stonebridge Learning is not responsible for the content on outside websites hyperlinked from our Services. When you go to an outside website, you are subject to the privacy, security, and terms of use policies of that website. In addition, we will not and cannot censor, edit, or endorse the content of any third-party site, including its products and/or services for sale or the advertising presented to you on the linked websites. By using our Services, you expressly relieve Stonebridge Learning from any and all liability arising from your use of any third-party website.

Vitruvius LMS User Accounts

Use of the Vitruvius LMS as a Student or Client requires a User Account. You may not use anyone else’s user login, password, or User Account to access Vitrivius LMS. When you create a User Account, you agree to provide us with complete and accurate user information. Stonebridge Learning, at our sole discretion, may limit, suspend, or terminate your User Account.

You are solely responsible and liable for any activity that occurs in your User Account. You may not share your login information in any way or with anyone, including for the purpose of circumventing payment for course registration. You are responsible for maintaining the confidentiality of your login information and you must notify us immediately of any breach of security or unauthorized use of your User Account.

Subject to your compliance with these Terms, Stonebridge Learning grants Students and Clients a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access, internally use, and display course content within Vitruvius LMS at your location solely as necessary and (b) to download the associated coursepacks found within the course content.

Payment Terms

To purchase Stonebridge Learning Services, including but not limited to courses delivered through Vitruvius LMS, you must have Internet access and a current valid accepted payment method as indicated during your purchase. You agree to allow our third-party payment provider to store your payment information. Stonebridge Learning will not offer refunds for lack of usage or dissatisfaction with the content of our Services.

Service Availability and Limitations

You acknowledge and agree that Stonebridge Learning Services may not be available at all times, and that certain usage limits may apply.

Stonebridge Learning makes every effort to ensure our Services are readily available when you wish to use them. However, technology has limitations and changes continuously, so we regularly update our Services to ensure we are meeting the latest needs. This may require temporarily limiting access to Vitruvius LMS or other Services. Whenever possible, we will provide advanced warning to you by placing a prominent notice on our website.

Stonebridge Learning is not responsible for disruptions in our Services due to outages or limitations placed by our third-party providers (for example, our Internet service provider or payment provider) or by your third-party providers (for example, your Internet service provider or cellular data carrier).

Unless otherwise indicated or agreed to through a Client contract, access to course content on Vitruvius LMS is available for one (1) year from the date of course registration and course completion certificates are available for download for one (1) year from the date of course completion.

Stonebridge Learning, at our sole discretion, may limit, suspend, or terminate your use of our Services. You also understand that we may modify or discontinue all Stonebridge Learning Services at our sole discretion and without notice.

Disclaimer of Warranties

You expressly acknowledge and agree that your use of Stonebridge Learning Services is at your sole risk and responsibility. Our Services and their Content are provided “as is” and “as available” without warranty of any kind, either expressed, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the generality of the foregoing, Stonebridge Learning does not warrant that (a) access to our Services will be continuous, uninterrupted, timely, secure, or error-free, (b) our Services will meet your requirements or expectations or achieve the intended purposes, (c) the information or content you obtain through our Services will be accurate, complete, current, error-free, completely secure, reliable, or free from viruses or other harmful components, or (d) defects in our Services or its Content will be corrected.

You acknowledge and agree that your sole and exclusive remedy for any dispute with Stonebridge Learning is to stop using our Services.

Limitation of Liability

You acknowledge and agree that Stonebridge Learning is not liable for any act, delay, or failure to act on its own part. Under no circumstances will Stonebridge Learning, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (a) any special, indirect, punitive, incidental, exemplary, or consequential damages or any damages whatsoever; (b) the cost of procurement for substitute products, services, or technology; (c) the interruption of use or the loss, inaccuracy, or corruption of data; or (d) any amounts that exceed the payments made by you to Stonebridge Learning within the last 12 months (1 year). Stonebridge Learning shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You specifically acknowledge that Stonebridge Learning is not liable, and you agree not to seek to hold Stonebridge Learning liable, for the conduct of third parties, and that the risk of using or accessing our Services, and of injury from the foregoing, rests entirely with you.

You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and our Services would not be provided to you absent such limitations. This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein.

Indemnification

You agree to indemnify, defend, and hold harmless Stonebridge Learning, its affiliates, contractors, and licensors, and their respective directors, officers, shareholders, vendors, employees, and agents from and against any and all liabilities, losses, claims, expenses, and damages, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these Terms, any law, or the rights of any third party.

Governing Law

These Terms will be governed by, construed, and enforced in accordance with the laws of the State of Minnesota, excluding its conflict of law provisions. You agree that any legal lawsuit or other action brought by Stonebridge Learning, you, or any third party to enforce these Terms, or in connection with any matters related to our Services, shall be subject only to the jurisdiction of the courts located in Hennepin County, Minnesota.

Stonebridge Learning makes no representations that our Services operate (or are legally permitted to operate) in all geographic areas, or that our Services or the Content contained within are appropriate or available for use in other locations. Accessing our Services from territories where our Services or the Content contained within is illegal is expressly prohibited. If you choose to access our Services in those locations, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stonebridge Learning without restriction.

Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Changes to the Terms of Use Policy

These Terms are effective as of November 1, 2016. Stonebridge Learning reserves the right to update or change these Terms at any time. If we make any material changes to these Terms, we will place a prominent notice on our Website. Your continued use of our Services will constitute your acknowledgment of any modifications and your consent to abide and be bound by the active Terms.

Contact us

If you wish to provide notice to us to us under these Terms, email us at info@stonebridgelearning.com or write to us at the following address:
Stonebridge Learning, LLC
3333 Holmes Avenue
Minneapolis, Minnesota 55408