Please read these Terms and Conditions (“Agreement”) carefully carefully, as it constitutes a legally binding agreement and applies to your use of (a) www.uxproacademy.com and all corresponding domains, web pages and websites associated therewith (the “Site”), and (b) any other content, applications, features, functionality, information and services offered on or through the Site (the foregoing subsections (a) and (b) are collectively referred to herein as the “Services”), which are offered to you by ux pro Academy  (“UX PRO Academy,” “we”, “us” or “our”) website residing at www.uxproacademy.com (the “Site”) and the Service. By using UX PRO Academy’s Service you agree to be bound by these Terms, and you are representing that you have the authority and capacity to form a contract with UX PRO Academy. If you are using our Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization. If you do not agree with all of the provisions of these Terms, you are not authorised to use the Service. The terms of service include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes. The terms of service limit the remedies that may be available to you in the event of a dispute.  

ACCEPTANCE OF TERMS

Users of the Services (“Users”) may be “Students,” which means they have registered with UX PRO academy and have currently paid (by User or on their behalf) access to courses, workshops  or other programs (collectively, “Programs”). Users may also be “Visitors,” which comprise all Users that are not Students. This Agreement applies to all Users (also referred to as “you” or “your”). By using the Services, you acknowledge and agree that you shall comply with this Agreement and any additional terms and conditions that we provide to you in connection with the Services and other products and services we may offer or make available to you (“Additional Terms”). Our Privacy Policy (“Privacy Policy”) and the Additional Terms are hereby incorporated into this Agreement by reference. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern. We may modify this Agreement from time to time. Your continued use of the Services after any modification to this Agreement shall constitute agreement to the modified Agreement. We will provide or display notices of material changes on the Services and/or e-mail you or notify you upon login about these changes, provided that the form of such notice is at our discretion. Once we post or make available such changes on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by such changes. Please check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.

1. USER REGISTRATION

1.1    UX PRO Academy  provides mentor-led, interactive online UX education to students (“Students”) who enrol in the course made available through the Site (“Courses”) and provides services to connect such Students with UX PRO Academy’s  approved mentors (“Mentors”) (collectively, the “Service”). “User” means any user of the Service and may be a Mentor or a Student. 1.2    If you elect to become a registered User of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify UX PRO Academy of any unauthorised use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any User Account or element of the Services. In order to use the Service or enroll in a Course, you must first pay for the Service and only then can you register for an account with UX PRO Academy (“Account”) and provide certain information about yourself. If we have certain FREE classes you may register for those and access those services. In order to become a Mentor, in addition to your Account, you must submit an application to us and be approved by UX PRO Academy. Additional information on applying to become a Mentor can be found on the Site. You represent and warrant that: (a) all required registration information you submit is truthful, complete, and accurate; and (b) you will maintain the accuracy of such information. If you wish to delete your Account at any time, please contact us at hello@uxproacademy.com. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify UX PRO Academy of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. UX PRO Academy cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You cannot have more than one Account.  

2. CONTENT

2.1    It’s very important to us that you understand what rights you are giving UX PRO Academy  to the content that you create or use with our Service (your “User Content”). We separate your User Content into two categories, which have separate rights: Course Content .“Course Content” means any other User Content including any content, artwork, code, projects, or other materials that a Student may upload to their Account portfolio.
2.2    For your Course Content (if you are a Student this is the only kind of User Content you have) we retain certain rights to your Course Content for limited purposes, e.g., to make UX PRO Academy’s  work and to promote the Courses and Service to other Students. You grant, and you represent and warrant that you have the right to grant, to UX PRO Academy a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable license and right to use, reproduce, adapt, publicly display, publicly perform, and otherwise exploit your Course Content including any Personal Elements (as defined below) in your Course Content, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising or promotions, without notice or payment to you. For instance, we may display advertising, promotions and other content in connection with your Course Content and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your Course Content but are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your Course Content against us, our licensees, our representatives or other users. When you upload any Course Content you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your Course Content as used or modified by us (collectively, “Personal Elements”).With the exception of this license you grant to us, you retain all rights, title and interest in your Course Content and whatever intellectual property rights it contains.
2.3    You hereby represent and warrant to UX PRO Academy  that your User Content does not violate the guidelines described below and that no payments of any kind are required by UX PRO Academy to any third party to exercise the licenses described above. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by UX PRO Academy. UX PRO Academy is not obligated to back up your User Content. Furthermore, you are solely responsible for your User Content and assume all risks associated with use of your User Content. User Content must in its entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Content must not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party;
  4. Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
  5. Promote any illegal activity, or advocate, promote or assist any unlawful act
  6. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
  7. Impersonate any person, or misrepresent your identity or affiliation with any person or organisation
  8. Involve commercial activities or sales
  9. Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity

2.4    UX PRO Academy may at any time, in its sole discretion, but is not obligated to, review, remove, modify, and/or place age restrictions on any User Content, or investigate and/or take appropriate action, including terminating your Account and/or reporting you to law enforcement authorities, for any reason or no reason, including if you violate these Terms, or otherwise create liability for us or any other person, all without any liability or notice to you. 2.5    You are solely responsible for your interactions with other Users or any other third parties with whom you may interact through the Service, provided, however, that UX PRO Academy reserves the right, but has no obligation, to intercede in any dispute between Users.
2.6    If you are a Student, you will not solicit or contact any Mentor to arrange any services similar to the UX PRO Academy  Service and if you are a Mentor, you will not solicit or contact any Student to arrange any services similar to the UX PRO Academy Service.

3.USING THE SERVICES

The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes. You are solely responsible for your conduct in connection with the Services.

You may not:

alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorise any other person in doing so; except as expressly authorised by UX PRO Academy and set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use or share the Services, including, without limitation, any content therein, without the express, prior written consent of UX PRO Academy or its owner if UX PRO Academy is not the owner; engage in or encourage conduct that (a) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other third party, (b) affects adversely or reflects negatively on UX PRO Academy, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, and/or (c) discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services; modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User; impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity; and/or solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other Users or other information.

4. FEES AND PAYMENT

3.1    In order to access UX PRO Academy  Courses and other paid parts of the Service, Students will need to pay the applicable UX PRO Academy Fees, plus any applicable taxes or other charges, described on the Site and may be modified by UX PRO Academy from time to time. Except as set forth in these Terms or as otherwise specified on the Site, all fees for the Service are non-refundable. Student will not pay any Mentor outside the Service in connection with the Course.

3.2    UX PRO Academy will pay Mentors a fee based on the volume of Students who complete Courses while paired with each applicable Mentor (the “Mentor Fee”). 

3.3    Unless otherwise agreed to between you and UX PRO Academy, UX PRO Academy uses Stripe as its third-party service provider for payment services (e.g. card acceptance, payment of Mentor Fees, merchant settlement, and related services). By making use of some or all of these payment services on UX PRO Academy you agree to be bound by Stripe’s terms and conditions and hereby consent and authorise UX PRO Academy  to delegate the authorisations and share the information you provide to us with our third-party service provider(s) to the extent required to provide these payment services to you. We are not responsible for any bank fees, overdraft fees, or other fees or obligations in connection with your payments hereunder. All payments made or accepted hereunder will be in US dollars unless otherwise agreed between UX PRO Academy and you.

5. INTELLECTUAL PROPERTY RIGHTS & OWNERSHIPS

UX PRO Academy  own all right, title and interest in and to the Services, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; and (c) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Service content must be retained on all copies thereof. You agree not to: (i) use or launch any automated system, including “robots,” “spiders,” or “offline readers,” on the Service; (ii) collect or harvest any information from the Service; (iii) use the Service for any commercial solicitation purposes; (iv) violate any applicable laws; or (v) transmit computer viruses, worms, or any software intended to damage or alter a computer system or data onto the Service. Excluding your User Content: (x) you acknowledge that all the intellectual property rights in the Service are owned by UX PRO Academy or its licensors, and (y) you will not share, disclose, or use any portion of the Service except as permitted under these Terms. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. UX PRO Academy and its licensors reserve all rights not granted in these Terms. If you provide UX PRO Academy any feedback or information either directly to us or through any of our third-party survey providers (“Feedback”), you hereby assign to UX PRO Academy all right, title and interest in the Feedback and agree that UX PRO Academy may freely use such Feedback. You are not permitted to use any trademarks, logos, and service marks on the Service without our prior written consent or the consent of the applicable third-party owner thereof.

 

6. THIRD-PARTY SERVICES

The Service may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). Such Third-Party Websites are not under our control and we are not responsible for any Third-Party Websites & Ads. We provide these Third-Party Websites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You acknowledge and agree that the links included anywhere in the Services to any third party websites, content, data, information, applications, goods, services or materials, including, without limitation, Third Party Social Media Services (collectively, “Third Party Services”) do not constitute an endorsement by UX PRO Academy. UX PRO Academy does not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including their privacy policies), whether the Services’ or UX PRO Academy logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. If any Third Party Services you interact with obtains or collects personal information from you, in no event does UX PRO Academy assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

 

7. INDEMNIFICATION

You agree to indemnify and hold UX PRO Academy harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Service; (b) your violation of the Terms; (c) your violation of any rights of another party, including any other users; or (d) your violation of any applicable laws, rules or regulations. UX PRO Academy reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UX PRO Academy in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.

 

8. LIABILITY LIMITATION

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

OUR CUMULATIVE LIABILITY TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WILL NOT EXCEED $30 OR THE AMOUNT OF FEES PAID TO US BY YOU UNDER THESE TERMS DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER, WHICHEVER IS GREATER. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR DAMAGE TO DATA, LOSS OF ANTICIPATED REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER ASSETS OR LOSS OF GOOD WILL, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY OF THESE TERMS. YOU AND UX PRO ACADEMY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICE MUST COMMENCE WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SPRINGBOARD, ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, OPERATORS, SUPPLIERS AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE SERVICES, (B) YOUR BREACH AND/OR VIOLATION THIS AGREEMENT AND/OR (C) YOUR USER CONTENT. SPRINGBOARD RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE, AND YOU AGREE TO FULLY COOPERATE WITH US UPON OUR REQUEST.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE SITE AND ASSOCIATED SERVICES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE SPRINGBOARD FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE PROVIDED BY THIRD-PARTIES, ANY ACTION OR INACTION BY THIRD-PARTIES, INCLUDING THIRD-PARTY’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.

THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT UX PRO ACADEMY ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

YOU FURTHER UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UX PRO ACADEMY, ITS AFFILIATES, AND EACH OF THEIR SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

9.DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, your may submit a notification pursuant to HELLO@UXPROACADEMY.COM

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a counter-notice is received by our Copyright Agent, UX PRO Academy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at UX PRO Academy sole discretion.

Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the Service on your copyright.

10. GENERAL PROVISIONS

10.1    Release. You hereby release UX PRO Academy Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Service or any interaction between you and any other user of the Service. 

13.2    Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without UX PRO Academy’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

13.3    Force Majeure. UX PRO Academy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

13.4    Notice. Where UX PRO Academy requires that you provide an email address, you are responsible for providing UX PRO Academy with your most current email address. In the event that the last email address you provided to UX PRO Academy is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, UX PRO Academy’s dispatch of the email containing such notice will nonetheless constitute effective notice. 

13.5    Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

13.6    Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

13.7    Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

13.8    Supplemental Terms. Your use of, and participation in, some aspects of the Service may be subject to additional terms and such terms will either be listed in the Terms of Service or will be presented to you for your acceptance before you use the supplemental Service.

13.9    Amendment. Please note that the Terms are subject to change by UX PRO Academy in its sole discretion at any time. When changes are made, UX PRO Academy will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date on the Terms of Service. If we make any material changes, and you have registered with us to create an Account, we will also send an email to you at the last email address you provided to us pursuant to the Terms. UX PRO Academy may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such change(s).

 

11. COMMUNICATIONS

The Programs may provide you with the ability to post messages to User forums or User review pages, and send messages and communications to other Users and/or UX PRO Academy. You agree to use communication methods available on the Programs only to send communications and materials related to the subject matter for which UX PRO Academy  provided the communication method, and you further agree that all such communications by you shall constitute User Content and shall be subject to and governed by this Agreement. By using any of the communications methods available on the Services, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by UX PRO Academy in any manner (unless expressly stated otherwise by UX PRO Academy) and (c) communications are not screened, monitored or pre-approved by UX PRO Academy in any manner, though UX PRO Academy reserves the right to do so at any time at its sole discretion in accordance with this Agreement.

If you are a Student, you hereby provide your consent to receive, by the communication method(s) provided to your User Account directly by you or through your User Registration, communications and notices (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail and in-Site messaging and chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Programs, payment information and receipts, career advice, information about your progress or other services that may be necessary to provide you with Programs.

 

12. ADVERTISERS

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

 

13. GETTING IN TOUCH WITH US

If there are any questions regarding this Terms and Conditions, you can contact us using the following method: hello@uxproacademy.com

Last Updated: June 28, 2020