SBD PLUS
Terms of Use and Privacy Policy

Your use of https://sdb.plus/ and any related applications (“SBD Plus” or the “Website”), operated by SDI Innovations, Inc., an Indiana corporation, is governed by this Policy. Please read this Policy carefully to understand our policies and practices; if you do not agree with our policies and practices, your choice is not to use the Website, or any services offered thereon. By accessing or using the Website, you agree to this Policy.

We reserve the right to change this Policy at any time. It is your responsibility to review this site and this Policy periodically and to be aware of any modifications. Your continued use of the Website after such modifications will constitute your acknowledgment of the modified Policy and you agree to be bound by the modified Policy.

If you are accessing SBD Plus as a parent or guardian with a child or on behalf of a child, you are agreeing to this Policy, and will comply with, and will ensure that your child complies with, all provisions of this Policy.

1. Privacy

As of the Last Updated date of this notice, we do not collect, use, or disclose personal information (as such term is defined under COPPA, 15 U.S.C. §§ 6501 et. seq., and/or regulations thereunder) from users of SBD Plus.

However, we may collect, use, and disclose information that is not personal information of the type as defined as such under COPPA, from all users of SBD Plus, pursuant to the terms herein. For example, we may collect, use, and disclose information regarding how the Website is accessed and used by you, including but not limited to your browser type, browser version, the pages of the Website that you visit, the time and date of your visit, the time spent on those pages, the content and advertisements you have accessed or seen, and other diagnostic data (“Usage Data”).

We collect Usage Data automatically as you navigate through the Website. We also work with third parties to assist us in obtaining Usage Data. An example of such a third party is Google Analytics; we may work with Google Analytics and/or other third parties.

We may use Usage Data to operate the Website, perform or fulfill Services requested by you (including fulfilling orders for products), to improve and tailor our products and services to better fit our users, to perform statistical, demographic, and marketing analyses of users of the Services, and for such other legal purposes as we may deem necessary or beneficial from time to time. We may either perform such tasks ourselves, or engage third party service providers to assist us, who will be provided with the Usage Data. We will transfer the Usage Data as part of a transfer or assignment if we are acquired by, sold to, or merged with another entity, or otherwise reorganized or liquidated. We may also use the Usage Data in response to legal process, court order, or government or regulatory request.

Please note that while we do not automatically collect, or require you to provide, personal information in order for you or your child to use the Website, if you contact us using an email address or other contact method, you are choosing to provide us with personal information that you are not required to provide. If you do use our email address or other contact method to reach out to us, we will only use your personal information to respond to your inquiry. If we believe that a child under the age of 13 has reached out to us, we will either not respond and delete the correspondence, or if appropriate we will attempt to obtain consent from a parent or guardian to respond. If you believe that a child under the age of 13 has provided us with personal information in any manner (such as, if the child sends us an email), please reach out to us and we will delete such information.

For purposes of the California Consumer Privacy Act (the “CCPA”), please note that we do not collect Personal Information as defined thereunder. However, you may reach out to us with any questions or requests related to the CCPA and we will respond appropriately as required.

2. Security of Your Information.

We have put in place industry-standard procedures to safeguard and help prevent unauthorized access, to maintain data security, and to correctly use the information we collect online. Unfortunately, we cannot guarantee that 100% of data transmissions are secure. You acknowledge that: (a) there are limitations to security and privacy of the Internet that are beyond our control; and (b) information and data exchanged with the Website may be viewed or tampered with in transit by a third party.

For any payments processed through the Website, we may use one or more third-party payment processors to better ensure the security of your payment information. Such third-party processors may have their own terms of service and privacy policy. We recommend that you review such third-party policies when making a payment to us to understand the security measures such third party has taken regarding your payment information.

3. Privacy Policies of Third-Party Sites.

This document only addresses the use and disclosure of information that SDI Innovations, Inc. collects from you through the Website. Other sites accessible through the Website, including sites which may be linked by third-party advertisers on the Website, or sites through which you may share information about our site or your activities on our site (including social media sites) may have their own privacy policies and data collection, use, and disclosure practices. Please consult each site’s privacy policy and/or terms of use. We are not responsible for the policies or practices of third parties. You should contact advertisers directly if you have any questions about their use of the information that they collect.

4. Conditions of Use

We reserve the right to withdraw or amend the Website and services offered thereon, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the Website entirely, to some or all users.

You may use the Website only for lawful purposes and in accordance with this Policy. You agree that you are using the Website only for personal, non-commercial purposes. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; to transmit, or procure the sending of, any advertising or promotional material without our prior consent; to impersonate or attempt to impersonate any other party; or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm users of the Website or expose them to liability, in our sole discretion.

Additionally, you agree not to (i) use the Website in any manner that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party’s use of the Website; (ii) use any device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in this Policy; (iv) introduce any viruses or other material that is malicious or technologically harmful; or (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.

5. Intellectual Property

You acknowledge and agree that, as between SDI Innovations, Inc., and the users of this Website, the Website and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, audio, other works of authorship, and the design, selection, and arrangement thereof) associated therewith are owned SDI Innovations, Inc. and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. All right, title and interest in and to any intellectual property incorporated, used, or made available in connection with the services offered on the Website will remain solely with SDI Innovations, Inc. You agree that you are only using the Website for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, intentionally store, or transmit any of the material on our Website. You may not modify copies of any materials from this site; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

6. Location of Operator

SDI Innovations, Inc. is based in the state of Indiana in the United States. The Website is provided for use only by persons located in the United States. No claim or representation is made that the Website or content thereon is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

7. Acknowledgements; Warranty Disclaimer

The Website may offer educational games or other games. You agree and acknowledge that the materials provided on the Website are intended to be for entertainment purposes, and are not a substitute for any other types of education. Because each parent or guardian may have differing views on acceptable content for their child, we cannot and do not guarantee that you will consider all content available on the Website appropriate for you or for your child. It is your responsibility to monitor your child’s activities on the internet, and ensure that the information such child is accessing is appropriate in your discretion.

You understand that we cannot and do not guarantee or warrant that files available for access or download from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, AND THE CONTENT, SERVICES, PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH EACH WEBSITE, IS AT YOUR OWN RISK. EACH WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NO OPERATOR, NOR ANY PERSON ASSOCIATED WITH ANY OPERATOR, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NO OPERATOR, NOR ANYONE ASSOCIATED WITH ANY OPERATOR, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

8. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SDI INNOVATIONS, INC., OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR CHILD’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, AND ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN THE EVENT THAT SDI INNOVATIONS, INC. IS FOUND LIABLE DESPITE THE ABOVE, YOU AGREE THAT THE MAXIMUM DAMAGES FOR WHICH WE MAY BE LIABLE IS $100.00.

9. Indemnification.

You agree to defend, indemnify, and hold harmless SDI Innovations, Inc., along with its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 this Policy or your use of the Website; any use of the Website’s content, services, and products other than as expressly authorized in this Policy; and your use of any information obtained from the Website.

10. Arbitration

YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

All matters relating to the Website and this Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

You will engage in good faith negotiations to resolve any dispute, claim, or question, and use respective best efforts to settle the same, as a condition precedent to either party initiating any court action, lawsuit, mediation, or arbitration. If no resolution is reached, either party may initiate binding arbitration as the sole means to resolve claims, as provided herein. All claims arising out of or relating to this Policy, including access to and use of the Website, shall be finally settled by binding arbitration administered by JAMS under the applicable commercial arbitration rules, excluding any rules or procedures governing or permitting class actions.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Policy, including whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, non-appealable, and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Miscellaneous

This Policy contains the entire agreement between SDI Innovations, Inc. and you as a user of the Website, regarding this Website and your access to and use thereof. No other communications, whether direct or indirect, will, or are intended to, alter, or supersede any provision of this Policy, unless the parties execute a document specifically including a provision to the contrary.

No waiver by SDI Innovation, Inc. of any term or condition set out in this Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SDI Innovations, Inc. to assert a right or provision under this Policy shall not constitute a waiver of such right or provision. If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Policy will continue in full force and effect.

We welcome our users to report any suspected violation of this Policy, or reach out to us with any questions relating to this Policy or the Website, by reaching out to us via questions@sdb.plus.