Terms of Use

Updated April 09, 2021

Welcome to the Terms of Use (“Terms”) for SEDAC. (“SEDAC,” “we” or “us”) SEDAC eLEARN.

These Terms govern your use of and access to the sites, content, applications, services, tools and features related to your use of the SEDAC eLEARN located at or provided via learn.smartenergy.illinois.edu (collectively, the “SEDAC eLEARN”) or a similar URL. Please read these Terms carefully, as they include important information about your legal rights.

By clicking on “Accept” or “I Agree” or similar language, or otherwise using or accessing the SEDAC eLEARN, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the SEDAC eLEARN. If you use the SEDAC eLEARN on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

THE SEDAC eLEARN IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” AS FURTHER SPECIFIED BELOW, YOUR USE OF THE SEDAC eLEARN IS ENTIRELY AT YOUR OWN RISK AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER COMMITMENTS WITH RESPECT TO THE FUNCTIONALITY OF THE SEDAC eLEARN OR THE ACCURACY OF ANY REPORTS OR OTHER INFORMATION PROVIDED VIA OR DERIVED FROM THE SEDAC eLEARN AND WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO YOUR USE OF THE SEDAC eLEARN.

THE INFORMATION, INCLUDING ANY PREDICTIONS, FORECASTS AND RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE SEDAC eLEARN, IS SUBJECT TO CHANCE VARIATION AND ERRORS INHERENT IN DATA COLLECTION AND MODELING. THE SEDAC eLEARN IS PROBABILISTIC IN NATURE AND IS NOT INTENDED TO BE DETERMINISTIC. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR AS A REPLACEMENT OF ANY DEFINITIVE DECISION-MAKING PROCESS, AND YOU SHOULD NOT RELY ON THE SEDAC eLEARN TO DETERMINE PLANS FOR HAVING PERSONNEL RETURN TO OR OTHERWISE OCCUPY FACILITIES OR THE ASSOCIATED LEVEL OF RISK.

WE MAY MODIFY, SUSPEND, TERMINATE OR OTHERWISE CEASE PROVIDING THE SEDAC eLEARN AT ANY TIME WITHOUT NOTICE.

Please note that Section 6.3 contains an indemnification clause pursuant to which you must indemnify us for any damages or other liability arising from or related to your use of the SEDAC eLEARN. Please read that section carefully before agreeing to these terms. Please note that Section 7 contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 7.

Table of content

1. Who May Use the SEDAC eLEARN

Minimum Age. You must be 18 years of age or older and reside in the United States to use the SEDAC eLEARN.

2. Location of Our Privacy Policy

2.1 Privacy Policy. We may use information we collect from you in connection with your use of the SEDAC eLEARN to contact you regarding the SEDAC eLEARN and to promote and provide other product and service offerings from time to time and as otherwise permitted in our Privacy Policy.

2.2 Other Terms. These Terms, together with our Privacy Policy are the exclusive terms applicable to your use of the SEDAC eLEARN. For clarity, the terms located at https://www.smartenergy.illinois.edu/terms do not apply to the SEDAC eLEARN.

3. Rights We Grant You

3.1 License Grant. Subject to your compliance with these Terms, SEDAC hereby grants to you, a personal royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the SEDAC eLEARN solely for internal purposes as permitted by these Terms and subject to the use restrictions, disclaimers and liability limitations herein.

3.2 Restrictions on Your Use of the SEDAC eLEARN. You may not do any of the following:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the SEDAC eLEARN, or remove any disclaimers or similar statements on any documents downloaded or printed in connection with the SEDAC eLEARN;

(b) duplicate, decompile, reverse engineer, disassemble or decode the SEDAC eLEARN (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the SEDAC eLEARN, including any;

(d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the SEDAC eLEARN;

(e) exploit the SEDAC eLEARN for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

(f) use the SEDAC eLEARN in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's use of the SEDAC eLEARN or use any device, software or routine that causes the same;

(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the SEDAC eLEARN, or the computer systems or networks connected to the Service;

(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the SEDAC eLEARN;

(i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the SEDAC eLEARN to monitor, extract, copy or collect information or data from or through the SEDAC eLEARN, or engage in any manual process to do the same;

(j) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(k) use the SEDAC eLEARN for illegal, harassing, unethical, or disruptive purposes;

(l) violate any applicable law or regulation in connection with your use of the SEDAC eLEARN;

(m) use the SEDAC eLEARN or any output thereof in connection with obtaining insurance or otherwise relying on the SEDAC eLEARN or any output thereof to obtain or otherwise in connection with any professional services; or

(n) use the SEDAC eLEARN in any way not expressly permitted by these Terms.

4. Ownership and Content

4.1 Ownership of the SEDAC eLEARN. The SEDAC eLEARN and its content, including its "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that SEDAC and/or its licensors own all right, title and interest in and to the SEDAC eLEARN (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the SEDAC eLEARN and its content, including, without limitation, the exclusive right to create derivative works.

4.2 Ownership of Trademarks. The SEDAC name and all related names, logos, product and service names, designs and slogans are trademarks of the SEDAC or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the SEDAC eLEARN are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

4.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the SEDAC eLEARN (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the SEDAC eLEARN or in any such Feedback. All Feedback becomes the sole and exclusive property of SEDAC and SEDAC may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to SEDAC any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

5. Third Party SEDAC eLEARN and Materials

5.1 Use of Third Party Materials in the SEDAC eLEARN. The SEDAC eLEARN may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the SEDAC eLEARN, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party SEDAC eLEARN, Third Party Materials or websites, or for any other materials, products, or SEDAC eLEARN of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

6. Disclaimers, Limitations of Liability and Indemnification

6.1 Disclaimers. Your access to and use of the SEDAC eLEARN are at your own risk. You understand and agree that the SEDAC eLEARN is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, SEDAC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “SEDAC Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The SEDAC Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the SEDAC eLEARN or any output thereof; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the SEDAC eLEARN; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the SEDAC eLEARN will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) any personal injury, disease or other liability arising from or related to any reliance on the SEDAC eLEARN and any output thereof, including with respect to disease transmission and other hazards. No advice or information, whether oral or written, obtained from the SEDAC Entities or through the SEDAC eLEARN, will create any warranty or representation not expressly made herein.

6.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE SEDAC ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SEDAC eLEARN LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SEDAC eLEARN, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SEDAC eLEARN OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE SEDAC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SEDAC eLEARN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE SEDAC ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE SEDAC ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SEDAC eLEARN (OR PRODUCTS REQUESTED ON THE SEDAC eLEARN) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.3 Indemnification. By using the SEDAC eLEARN, you agree that you shall indemnify and hold the SEDAC Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or related to: (a) your breach or other violation of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your use of the SEDAC eLEARN; or (d) your negligence or willful misconduct. For clarity, you agree that if any employee, contractor or other individual or entity associated with you or the organization that employs or engages you, or any individual or entity to which you provide any of the reports or outputs available via the SEDAC eLEARN, brings an action, makes a claim or otherwise seeks a remedy from us in connection with the SEDAC eLEARN, that any such action or claim is within the scope of this indemnity and that you will be responsible for any costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or related to such action or claim.

7. ARBITRATION AND CLASS ACTION WAIVER

7.1 Informal Process First. You agree that in the event of any dispute between you and the SEDAC Entities, you will first contact SEDAC and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

7.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of SEDAC’s SEDAC eLEARN and/or products, including the SEDAC eLEARN, will be resolved by arbitration. You and the SEDAC agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and SEDAC are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and SEDAC will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

7.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, SEDAC will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

7.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to sedac-info@illinois.edu or to the U.S. mailing address listed at the bottom of these Terms. The notice must be sent to SEDAC within thirty (30) days of your agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, SEDAC also will not be bound by them.

8. Additional Provisions

8.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you by placing a prominent notice on the first page of the SEDAC website. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the SEDAC eLEARN after the modifications have become effective will be deemed your acceptance of the modified Terms.

8.2 Termination of License. If you breach any of the terms of these Terms, all licenses granted by SEDAC will terminate automatically. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by SEDAC or you. Termination will not limit any of SEDAC’s other rights or remedies at law or in equity.

8.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to SEDAC for which monetary damages would not be an adequate remedy and SEDAC shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

8.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer SEDAC eLEARN of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

8.5 Export Laws. You agree that you will not export or re-export, directly or indirectly, the SEDAC eLEARN and/or other information or materials provided by SEDAC hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the SEDAC eLEARN may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SEDAC eLEARN, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

8.6 Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

8.7 Miscellaneous. These Terms and the licenses granted hereunder may be assigned by SEDAC but may not be assigned by you without the prior express written consent of SEDAC. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The Terms are governed by the laws of the State of California and with respect to arbitration by the JAMS Rules, without regard to conflict of laws rules. Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and SEDAC related to these Terms shall be located in Champaign county, Illinois.

8.8 How to Contact Us. You may contact us regarding the SEDAC eLEARN or these Terms at: 1 St Mary’s Rd, Champaign, Illinois 61802, or by e-mail at sedac-info@illinois.edu.