Terms + Conditions

Last updated: March 07, 2023

1. Terms of Use/Conditions. The following terms and conditions govern the usage of the Butler Street eLearning solutions available on the butlerstreet.docebosaas.com website (“Site”) and all content, services, products available through the website (“services”). The Butler Street LMS is licensed and operated by Butler Street Consulting, LLC (“Butler Street”). The terms and conditions contained herein and accessing or utilizing any part of the Site or Learning package constitutes your agreement. 

2. Services and Rights. Butler Street retains all rights, title and interest in the Services and Content along with all proprietary rights including intellectual property, copyrights, patents, trademarks, service marks and trade secret rights. These terms grant the User the following rights, as applicable: a. User Account. Upon self-registration or registration on your behalf by a Client Admin within your organization in the Butler Street LMS, the site is accessible with a username and password. User is responsible for maintaining the security of the User Account and fully responsible for all activities that occur under the User Account and any other actions taken in connection with the User Account. Butler Street should be immediately notified via email at [email protected] of any unauthorized usage of any User Account. Butler Street is not liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Registration of a User Account implies providing a valid email address and name. b. Services. Butler Street (1) grants to Customer limited, nonexclusive, non-transferable right and access to use the Services and Content, (2) provide applicable standard support for the Services to Customer at no additional charge, and (3) make commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (for which Butler Street shall give advance electronic notice of at least 24 hours), and (ii) any unavailability caused by circumstances beyond reasonable control of Butler Street, including for example, an act of God, act of government, flood, fire earthquake, civil unrest, act of terror, strike, Internet service provider failure or delay, or denial of service attack. c. License to use Feedback. Customer grants Butler Street and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any suggestion, enhancement request, recommendation, correction or other feedback provided relating to the Services or Content provided by Butler Street. d. Enhancements. Butler Street reserves the right to upgrade, enhance, change or modify the Services and Content at any time in its sole discretion. “Enhancements” mean any improvements, updates, variations, modifications, alternations, additions, error corrections, enhancements, functional changes or other changes to the Services and Content. Any Enhancements made available to User, if any, will be subject to these Terms and Conditions. 

3. Use of Services and Content. a. Subscriptions. Unless otherwise provided, Services and access to Content are purchased as subscriptions to particular courses or learning plans, either by individual users or in number of seats for particular courses or learning plans by a Client Admin. b. Usage limits. Services and Content are subject to usage limits, including the quantities specified herein. Unless otherwise specified, (1) the quantity refers to Users or Seats, and the Service or Content may not be accessed by more than that number of Users, and (2) a User’s password may not be shared with any other individual. c. Customer Responsibilities. Customer will not (1) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than themselves, of for Client Admin’s, users in excess of the seats as purchased, (2) sell, resell, license, sublicense, distribute, make available, rent, or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (3) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (4) use the Service to store or transmit Malicious Code, (5) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (6) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (7) permit direct or indirect access to or use any Service or Content in a way that circumvents a contractual usage limit, or use any of the Services to access or use Butler Street intellectual property except as permitted under these Terms and Conditions, (8) copy a Service in part or whole, feature, function or user interface thereof, (9) copy Content as permitted herein, (10) frame or mirror any part of the Service or Content, other than framing for Customer’s own internal business purposes, (11) access any Service or Content in order to build a competitive product or service, (12) reverse engineer any Service (to the extent such restriction is permitted by law). Any use of the Services in breach of these Terms and Conditions, that in the judgment of Butler Street threatens the security, integrity, or availability of the Services, may result in immediate suspension of the Services and Content. 

4. Fees and Payment. a. Fees. Customer will pay all fees specified for the number of seats per program or course purchased. Except as otherwise specified herein, (i) fees are based upon program or course purchased and not actual usage, and (ii) payment obligations are non-cancelable and fees paid are non-refundable. b.Future Content. You agree that this Agreement or payment obligations contained herein are not contingent on the delivery of any future functionality or content, or dependent on any oral or written comments made by Butler Street regarding future functionality or content. 

5. Warranties, Remedies, and Disclaimers. a. Warranties. The Services and Content are provided on an “As available” and “As is” basis to the maximum extent permitted by law. Butler Street does not warrant that the operation of the Services and Content will be uninterrupted or error free. No oral or written information or advice given by Butler Street shall create any additional Butler Street Warranties or in any way increase the scope of Butler Street’s obligations hereunder. The Services may be used to access and transfer information over the internet. User acknowledges and agrees that Butler Street does not operate or control the internet and that: (i) Viruses, worms, Trojan horses, or other undesirable data or software, or (ii) unauthorized users may attempt to obtain access to and damage data, websites, computers, or networks. Butler Street shall not be responsible for such activities and User is solely responsible for the security and integrity of the data and systems. b. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. c. Third Party Sites or Tools. The Services and Content may contain links to third party sites or tools operated by parties other than Butler Street. Such links are provided for reference only. Butler Street does not control such sites or tools and is not responsible for their contents. Butler Street’s inclusion of such links does not imply endorsement of the material or any association with their operators. Butler Street is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such sites or tools, whether actual, alleged, consequential or punitive. Butler Street makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.