Terms & Conditions
Effective Date: December 13, 2023
Welcome to uxberg school. These Terms govern your use of uxberg school's website, online courses in UX/UI Design, and any legal relationships with us. By enrolling in our programs, you agree to these terms, so please read them carefully.
Contact Information:
Owner: Inessa-Kristina Mir
Address: Postfach 4 07 16, Berlin 10064, Germany
Email: hi@uxberg.com
1. Introduction and Eligibility
These Terms of Service ("Terms") form a legally binding agreement between you and uxberg school (owned by Inessa-Kristina Mir, with its registered address at Postfach 4 07 16, Berlin 10064, Germany, "uxberg school," "we," "us") and govern your access to and use of the uxberg school's services, including our courses and programs in UX/UI design, community interactions through Circle, design work with Figma and Miro, and live sessions via Zoom (collectively, "the Service"). Before engaging with the Service, please read these Terms carefully. "You" and "users" refer to all individuals and entities accessing the Service. These Terms incorporate by reference the uxberg school's Privacy Policy, which is integral to these Terms. We have included annotations throughout to clarify legal terms and highlight key sections for your convenience; however, these annotations are for guidance only and hold no legal or contractual weight. By using the Service, you agree to be bound by these Terms each time you access the Service. Should you disagree with any part of these Terms, you must not use the Service. If you are under 18 years of age, you confirm that you have your parent's or guardian's legal consent to access and use the Service.
This agreement is subject to change as our services evolve. You acknowledge that it is your responsibility to review these Terms and any updates regularly.
1.1 Revisions to Terms. We reserve the right to modify these Terms at our sole discretion at any time, in whole or in part, by posting an updated version on our website. Any changes to these Terms will become effective upon posting. You commit to periodically reviewing the most current version of these Terms on our website, and your continued access to or use of the Service after any changes have been posted signifies your acceptance of the revised Terms. If you do not agree to the changes, your only recourse is to cease using the Service.
1.2 Age Restrictions. No part of the Service is targeted at individuals under the age of 13. The terms "post" and "posting" within these Terms refer to the acts of submitting, uploading, publishing, displaying, or engaging in similar activities within the Service.
If you reside outside Germany, by using the Service and submitting personal information to us, you consent to the transfer of your information to Germany.
1.3 International Users. Although uxberg school operates from Germany, our Service is accessible worldwide. If you access or use the Service from outside Germany, you do so on your own initiative and are responsible for compliance with local laws. By submitting any personal information through the Service, you agree to its transfer, processing, and storage in Germany in line with our Privacy Policy.
2. The uxberg school Service
The "uxberg school Service" encompasses the uxberg.com website, associated software, applications, and Internet services under uxberg school's management, whether in part or whole, utilized in offering our UX/UI design courses and programs. This includes our use of tools like Circle, Figma, Miro, Zoom, and MailerLite for email communications, to facilitate a comprehensive online learning environment. Our service provides an interactive platform for accessing information on a range of UX/UI design courses, workshops, and programs ("Courses") designed to merge the realms of technology, design, and innovation.
These Courses, developed in collaboration with industry experts and experienced practitioners ("Instructors"), aim to offer extensive curricula that utilize design and technology to forge transformative products and ventures. Courses may be offered free of charge or for a fee, at uxberg school's discretion.
The uxberg school Service also encourages a vibrant community interaction among users and Instructors, fostering discussions and exchanges of ideas.
2.1 Sign Up for a Course. Enrollment in any Course is facilitated through the uxberg school Service. While we strive to ensure Course availability, circumstances may arise that affect course offerings.
Our cancellation and absence policies are detailed on our platform.
2.2 Cancellation and Absence Policies. The specific terms for course rescheduling and cancellations are determined by us and may vary. For any inquiries or requests regarding course adjustments or cancellations, please contact uxberg school directly, not the Instructors. Our cancellation policy is explicitly outlined on our website and forms part of these Terms.
We advise exercising discretion and judiciousness in your interactions within our service.
2.3 Community Engagement and Blog Contributions. Our platform may offer features such as chat rooms and the ability to comment on blog posts, encouraging active engagement among users and Instructors. We urge you to be thoughtful and prudent in the information you share in these spaces. Consider the long-term implications of your posts, as online content can persist indefinitely. You bear full responsibility for your contributions in these forums and assume all risks related to their publication. Posting sensitive or personal information is discouraged, and uxberg school disclaims any responsibility for the misuse of such information by third parties.
2.4 Information Sharing with Instructors. Instructors may request personal information, like your email address, to facilitate your participation in Courses. This information is intended solely for course-related communications. However, uxberg school is not liable for any misuse of this information by Instructors for other purposes.We incorporate third-party services to enhance the uxberg school Service, without implying endorsement or assuming liability for their actions.
2.5 Third-Party Services. The uxberg school Service may include links to third-party sites to support our service offerings. Utilizing these links takes you away from the uxberg school Service. While some third-party sites might use uxberg school content under license, we are not accountable for these external platforms. Engaging with third-party sites is at your discretion, and uxberg school bears no responsibility for any losses incurred from such interactions.uxberg school does not provide legal or financial advice.
2.6 Professional Advisory Disclaimer. uxberg school, including its Instructors, does not offer legal or financial counsel. The information provided through the uxberg school Service is intended for educational purposes only. It is your responsibility to verify the relevance and accuracy of this information with appropriate professional advisors for your specific situation. No attorney-client or advisor-client relationship is established through your use of the uxberg school Service.
2.7 Social Media Integration. The uxberg school Service may allow registration and login via social network credentials. You are subject to the terms and conditions of these social networks.uxberg school may highlight specific Courses or Instructors without guaranteeing their quality.
2.7 Course and Instructor Promotions. Although the uxberg school Service may feature Courses or Instructors or recommend Courses within a collection, these features do not constitute an endorsement. We make no claims regarding the quality or nature of any Courses or Instructors presented on our service. With your consent, uxberg school may use your coursework to promote the uxberg school Service, granting us a nonexclusive license to use your name alongside your work in our promotional activities, strictly for the purpose of showcasing uxberg school.
2.8 Language Proficiency Requirement: To ensure effective communication and comprehension of course materials, all users must possess a proficiency in English at the B2 level or higher, according to the Common European Framework of Reference for Languages (CEFR), or its equivalent. Additionally, if the official language in the user's country of residency is not English, the user must also demonstrate a B2 level or higher proficiency in that language. This requirement is crucial for full participation in and benefit from the uxberg school's offerings.
2.9 Course Participation and Cohort Transfers: At uxberg school, we strive to accommodate the diverse needs of our students while maintaining the integrity and scheduling of our courses and programs. Due to the structured nature of our curriculum and the coordination required to deliver high-quality learning experiences, it is currently not feasible to pause a course and offer the option to join a subsequent cohort at a later time. We understand this may not align with every student's personal circumstances, and we ask for your understanding in this matter.
We encourage students to carefully consider their availability and commitment before enrolling in a course to ensure they can fully engage with the program's content, activities, and community interactions throughout its duration. Should unforeseen circumstances arise that impact your ability to participate in your current cohort, we urge you to contact our support team at hi@uxberg.com. While we cannot guarantee the ability to pause and transfer between cohorts, we will explore available options to support your learning journey within the constraints of our program structure.
3. Payments and Financial Terms
Participating in a Course or accessing Premium Content through the uxberg school Service may require payment. When you enroll in a Course you commit to the fee associated.
3.1 Courses. uxberg school may impose fees for participation in Courses. These fees can be subject to change and may differ based on region, topic, or other factors.
3.2 Payment Obligation. You agree to pay for all products and services purchased through the uxberg school Service, authorizing us to charge your selected payment method through third-party payment processors. Only accepted payment methods by these processors can be used for transactions.
3.3 Third-Party Payment Processors. uxberg school utilizes secure third-party services like Klarna and Stripe for electronic commerce. Payment methods accepted by these processors are specified at the time of transaction. We do not store nor control the information you provide to them, which is governed by their respective privacy policies and terms. These processors may impose fees for transactions, for which uxberg school is not responsible.
3.4 Pre-Authorization. Before any purchase, our third-party payment processors may pre-authorize your credit card to ensure validity and sufficient funds or credit. Pre-authorizations might affect your available balance until cleared or reconciled with the actual charge.
3.5 Recurring Payments. For certain programs like the UX hackathon, uxberg school offers a payment plan allowing installments. Upon enrolling and providing payment details, you authorize recurring billing as specified. Cancellation of this authorization must be communicated in writing at least 15 days before the next scheduled billing date by emailing hi@uxberg.com.
3.6 Disputed Charges. Disputes over charges must be submitted in writing within 15 days of the charge to hi@uxberg.com, beyond which the charge is deemed acceptable and not disputable.
3.7 Refunds. While not obligatory, uxberg school reserves the right to refund fees under certain conditions, such as offering a full refund for cancellations made within 5 days for specific courses like the UX hackathon, as detailed on the respective program pages.
3.8 Taxes. You are responsible for any taxes arising from transactions on the uxberg school Service, as uxberg school does not collect or remit taxes unless mandated by law.
3.9 Currency. Transactions can be processed in various currencies, such as Euros, reflecting the transaction requirements at checkout. Be aware that currency conversion fees and rate changes may apply.
3.10 Community subscription. As part of our commitment to providing a continuous learning and networking environment, uxberg school offers access to our exclusive community on Circle. This vibrant community space is designed to facilitate ongoing engagement, support, and professional development.
Community Subscription Fee: Access to the uxberg school community is now subject to a monthly subscription fee of €5. This change reflects our commitment to enhancing the community experience with more exclusive content, direct access to professionals, and structured networking opportunities.
Subscription Management: Users can manage their subscriptions directly within their account settings, including the ability to unsubscribe at any time without penalty.
Grandfathered Subscription Rates: Should uxberg school increase the monthly subscription fee in the future, existing subscribers will retain their current rate. To benefit from any reduced rates, users will need to resubscribe at the new lower price.
4. Right of uxberg school to Withdraw Students from the Program
uxberg school reserves the unilateral right to withdraw students from any program at any point for reasons including, but not limited to:
Failure to Meet Financial Obligations: Students who fall behind on installment payments by more than two weeks may be subject to withdrawal from the program. uxberg school commits to providing notice and an opportunity to rectify the situation before taking such action.
Academic Integrity: Instances of plagiarism in submitted work are taken very seriously. A first instance of plagiarism will result in a warning and an opportunity for the student to resubmit the work after receiving guidance on proper citation and academic integrity. A second instance of plagiarism may lead to withdrawal from the program.
Community Conduct Violations: Participation in uxberg school’s community spaces, including the Circle community, chat tools, and any direct interactions with uxberg school community members (such as mentors, instructors, and fellow students), is subject to our Community Rules. Violations of these rules, including but not limited to harassment, discrimination, or disruptive behavior, may result in withdrawal from the program.
Non-Compliance with Feedback: Repeated failure to incorporate feedback from tutors or mentors into submitted work may lead to withdrawal. uxberg school is dedicated to the learning and improvement of our students, and constructive feedback is a critical part of this process.
Undisclosed Previous Course Registrations: Students must notify uxberg school of any previous course attendances or registrations, including those under different names. Failure to disclose such information may lead to withdrawal from the program.
uxberg school is committed to fostering a supportive, engaging, and inclusive learning environment. These measures are in place to protect the integrity of our courses and the community as a whole. Students affected by withdrawal decisions will be notified and given a clear explanation of the reasons behind such actions.
6. Your Account
For access to certain features, including UX hackathon program, account creation on Circle website is necessary. Program enrollment and account creation require provision of personal details such as your name, email address, and billing address, alongside debit/credit card information. You affirm that all information provided to uxberg school at registration and subsequently is truthful, accurate, current, and complete, and you commit to promptly updating this information to maintain its accuracy.
Upon creating an account with uxberg school, the security and confidentiality of your login details rest solely with you, as does the responsibility to ensure your account information remains current and accurate.
Any actions taken through your account, resulting from access with your login credentials on the uxberg school Service, fall under your responsibility.
Your Login Credentials. You bear full responsibility for the confidentiality of your login credentials and must assume all outcomes of activities conducted through your account. Immediate notification to us is expected if you suspect any compromise to the security of your login details or if unauthorized account access occurs. uxberg school disclaims any liability for losses or damages resulting from unauthorized account access due to compromised credentials.
Business Representation. By creating an account and using the uxberg school Service on behalf of a business entity, such as a corporation or partnership, you confirm that you possess the legal authority and capacity to act as an authorized representative of the entity. You acknowledge that in doing so, you have the power to enter into binding legal agreements and contracts on behalf of the business entity.
7. Post-Completion Engagement and Alumni Club
Alumni Club, an exclusive program designed for graduates of our uxhackathon programs. The Alumni Club aims to keep students connected and engaged with the uxberg community and each other after their programs conclude.
7.1 Community Access: Alumni of uxberg school programs, including the uxhackathon, will maintain free access to the uxberg community on Circle as part of their alumni status. This benefit allows for uninterrupted participation in our growing network of design professionals and enthusiasts.
7.2 Office Hours Limitation: Effective immediately, the opportunity to participate in Office Hours with Inès Mir will be available to alumni for up to 6 months following the completion of their program. This adjustment ensures focused support and guidance during the critical post-completion phase.
Application for Office Hours: Details on how to apply for Office Hours are provided within the relevant community space on Circle. Attendees must register at least 24 hours in advance to be considered for a meeting.
Meeting Duration and Availability: Each Office Hours meeting is limited to 1.5 hour, and due to high demand, placement is not guaranteed. We strive to accommodate as many requests as possible, but availability is subject to Inès Mir's schedule and the overall interest level.
7.3 Unchanged Chat and Community Access: Despite the limitation on Office Hours, alumni will continue to enjoy unchanged access to alumni club chats and the broader community platform, fostering long-term connections and support within the uxberg network.
7.4 Changes to the Alumni Club Program: We reserve the right to modify or discontinue the Alumni Club program at any time. Should there be any changes or deprecation of the program, members will be notified at least 3 months in advance through the alumni club chat on Circle. This advance notice aims to ensure transparency and allow our alumni ample time to adjust to any changes.uxberg school is committed to fostering a vibrant, ongoing community of learning and professional growth. To this end, we offer our
8. Communications
uxberg school may engage in communication with you via email for specific reasons or by displaying notices on the uxberg school website. Should you require, we can provide written notifications of security breaches.
If you have signed up for uxberg school's services or enrolled in a Course, you consent to receiving emails from us at the email address you submitted for purposes related to customer service, regardless of your marketing communication preferences.
Electronic Notices. By utilizing the uxberg school services or submitting personal information, you agree to our electronic communication with you concerning security, privacy, and administrative matters associated with your use of the uxberg school services. In the event of a security breach involving your personal information that necessitates notification under applicable laws, we will endeavor to inform you electronically, either through a notice on the uxberg school service or via email. You are entitled to receive such notices in writing. To obtain a written notice of a security breach (or to revoke your agreement to receive electronic notices), please contact us at hi@uxberg.com.
9. uxberg school's Content Ownership and Use
uxberg school retains ownership of all content created by us, but we grant you permission to use it within the scope of these Terms during your interaction with the uxberg school Service. Use of our logo or brand marks requires our express written consent.
The contents of the uxberg school Service include various forms of media and materials such as designs, text, graphics, images, video, information, logos, button icons, software, audio files, and computer code, all of which are collectively referred to as “uxberg school Content.” Both the uxberg school Content and its compilation are the exclusive property of uxberg school or its licensors and are protected under copyright, trademark, and other relevant laws.
License to You. We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide license to access and use the uxberg school Service and uxberg school Content solely for engaging with our services as intended. Any use beyond this is strictly prohibited and this license can be revoked at any time without notice, for any reason. Unauthorized use of uxberg school Content is a violation of copyright, trademark, and relevant communication regulations and statutes. You are required to maintain all copyright and trademark notices on any copies of uxberg school Content made in accordance with these Terms.
No part of the uxberg school Content or materials available through the uxberg school Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used for creating derivative works without the express written permission of the copyright owner, except for content specifically authorized for download from the uxberg school Service. In such cases, you may download a single copy of the materials for personal use. Materials not explicitly made available for download cannot be downloaded or copied without prior written permission. Altering materials from the uxberg school Service for any other purpose, including commercial use, without obtaining explicit written permission, is a violation of our copyrights or those of our licensors.
No Commercial Use. Materials obtained from the uxberg school Service, even those authorized for download, cannot be redistributed or used for commercial purposes without uxberg school's prior written consent. However, the application of Course materials by a registered student for the development of a business or project, where the student is a founder or employee, is not considered a commercial use. No further reproductions of such materials are permitted, either electronically or in hard copy.Additional Licenses. Materials available for download from the uxberg school Service may be subject to different or additional license terms, such as those specified in a Creative Commons license. Any such additional terms will be clearly stated with the materials, and by downloading materials governed by any such terms, you agree to adhere to them.
No Implied Rights. These Terms grant no implied licenses.
uxberg school Marks. The uxberg school name, logo, and other related marks are trademarks of uxberg school. Except as expressly permitted through a provided link or our prior written consent, you agree not to use or display the uxberg school marks in any manner.
10. Your User Content and Our License to Use
When you post content on the uxberg school Service, you, or those from whom you have permission to use their content, retain ownership. Nonetheless, by sharing your content, you grant uxberg school a license to use, modify, and incorporate your content for various purposes, including marketing. It's crucial to ensure you have the right to use content owned by others to avoid legal issues.
Your User Content. The uxberg school Service enables you to generate, share, or post content, such as chat room messages, blog comments, and student projects ("Your User Content"). You or a third-party licensor maintain all intellectual property rights in Your User Content, and it's your responsibility to safeguard those rights.
uxberg school’s Use of Your User Content. By posting Your User Content on the uxberg school Service, you provide uxberg school with a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute, and display Your User Content for any purpose, including promotion of uxberg school, without compensation to you. This license extends to modifying Your User Content to better fit the uxberg school Service, except we will not alter student projects without your explicit consent. You waive any rights to object to changes to Your User Content, aside from student projects. We may choose not to accept or display Your User Content at our discretion. If requested, uxberg school will cease using Your User Content reasonably soon after it is removed from the Service.
For Instructors, this license also applies to course-related content you create and post within the uxberg school platform.
Ownership of Others’ Content. By using the uxberg school Service, you acknowledge that you gain no ownership rights over content provided by other users or uxberg school licensors.
Rights to Your Posted Content. You affirm that you either own or have permission to use and post Your User Content on the uxberg school Service, ensuring it does not infringe on any rights of others or breach any agreements. You are responsible for any fees due for the use of Your User Content. Your User Content is considered non-confidential and non-proprietary.
Content from uxberg school and other licensors on the Service cannot be copied, modified, or distributed without adhering to these Terms.
11. Copyright Policy
If you suspect that your copyright has been infringed through the uxberg school Service, or if someone has claimed that you have infringed their copyright, please let us know.
The Digital Millennium Copyright Act of 1998 (the "DMCA") offers a process for copyright owners who believe their rights have been violated online. If you believe, in good faith, that content available on the uxberg school Service infringes upon your copyright, you or your representative can send uxberg school a "Notification of Claimed Infringement" to request the removal of the infringing material or to have access to it blocked. The notification must contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed, or if multiple works on the uxberg school Service are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with enough detailed information to allow uxberg school to locate the material;
- Your contact information, including name, address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Should you believe that a copyright infringement notice has been incorrectly filed against you, the DMCA allows you to send uxberg school a counter-notice.
12. Suggestions and Submissions
While we value feedback from our community, please understand that any creative ideas, suggestions, or materials you submit to uxberg school can be used by us without offering you compensation.
Your feedback is valuable, and we encourage comments about the uxberg school Service. However, please be aware that if you submit creative ideas, suggestions, inventions, or materials to us, the following conditions apply:
- uxberg school will exclusively own all rights to the creative ideas discovered now or in the future;
- We are not obligated to keep such submissions confidential nor will we be liable for any use or disclosure;
- uxberg school has the unrestricted right to use these submissions for any purpose, commercial or otherwise, without compensating you or anyone else.
13. User Content Disclaimers, Limitations, and Prohibitions
Your actions and reliance on any content available through the uxberg school Service are your responsibility.
uxberg school does not vouch for the accuracy, credibility, or reliability of content posted by users or provided by third parties on the uxberg school Service. Any reliance on such material is at your own risk, acknowledging the possibility of encountering objectionable or inappropriate content.
You acknowledge that you bear sole responsibility for Your User Content on the uxberg school Service. uxberg school neither endorses nor assumes responsibility for Your User Content. You assume all risks related to Your User Content, including others' reliance on its accuracy, completeness, or usefulness. Posting Your User Content may expose you to liability if it is false, misleading, defamatory, infringes on third-party rights, or is otherwise unlawful.
The misuse of the uxberg school Service, including any attempts to breach its security, theft of content, or unlawful activities, is strictly prohibited.You are expected to use the uxberg school Service solely for its intended purposes and in accordance with all relevant laws. Prohibited activities include, but are not limited to:
- Interfering with, damaging, reverse engineering, stealing from, or unauthorized access to the uxberg school Service, user accounts, or its underlying technology;
- Framing or linking to the uxberg school Service without permission;Employing data mining, robots, or similar data gathering devices;
- Posting inaccurate, misleading, or false information, impersonating others, or misrepresenting your affiliation with any entity;
- Disclosing others' personal information or posting unlawful, offensive, pornographic, defamatory, discriminatory, harassing, vulgar, indecent, or racially offensive content;
- Transferring your rights to use the uxberg school Service without our written consent;
- Posting advertisements or marketing content not explicitly permitted by these Terms;
- Using the uxberg school Service post-termination of your account without our approval;
- Engaging in illegal acts or using the uxberg school Service for illegal purposes;
- Accessing the uxberg school Service from jurisdictions where it is unauthorized or illegal.
14. Consequences of Violating These Terms
Failure to comply with these Terms may result in the suspension or termination of your access to the uxberg school Service.
We may suspend or terminate your account, prevent access to the uxberg school Service, or refuse future service provision at our discretion without notice.
uxberg school reserves the right to review and remove Your User Content for any reason, including violations of these Terms, laws, or regulations, or for content that is abusive, disruptive, offensive, or illegal, or that infringes on the safety of uxberg school users.
You will bear responsibility for any claims, fees, fines, penalties, and other liabilities incurred by us or others due to your breach of these Terms or your use of the uxberg school Service.
15. uxberg school's Liability
Changes to the uxberg school Service. We reserve the right to alter, suspend, or discontinue any part of the uxberg school Service at our discretion, including the hours of operation or availability of any feature, without notice or obligation.
User Disputes. uxberg school is not involved in any disagreements or disputes you may have with any third party through your use of our service. You bear all risks associated with interactions with third parties and are expected to settle disputes independently. You absolve uxberg school of any claims, demands, and damages from disputes with other service users and agree not to involve us in such matters. Exercise caution and use common sense in your interactions.
Content Accuracy. We do not claim any content on the uxberg school Service or data from third-party service providers to be accurate, reliable, complete, or timely. The same applies to the quality or nature of third-party products or services acquired through the uxberg school Service. Use of our service is at your own risk.Third-Party Websites. The uxberg school Service may contain links to third-party websites and applications. It is your responsibility to decide whether to access or use them. We do not endorse any third-party features, content, advertising, products, or materials and disclaim any liability from your use of such third-party resources.
We offer no guarantees regarding the specific outcomes from using the uxberg school Service.
A. DISCLAIMER OF WARRANTIES
Released Parties Defined. "Released Parties" include uxberg school and its affiliates, officers, employees, agents, service providers, partners, instructors, and licensors.Your use of the uxberg school Service is entirely at your own risk. We expressly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE uxberg school SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE RELEASED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
uxberg school and its associated parties are not liable for any harm or damages related to your use of the uxberg school Service. You may also be accountable for our legal expenses resulting from your use of the uxberg school Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING FROM YOUR USE OR INABILITY TO USE THE uxberg school SERVICE; COSTS OF SUBSTITUTE GOODS OR SERVICES; UNAUTHORIZED ACCESS TO YOUR DATA; STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON THE SERVICE; RELIANCE ON CONTENT AVAILABLE ON THE SERVICE; OR ANY OTHER RELATED ISSUES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
In the event of any claim related to the uxberg school Service or your use of uxberg school Content, our total liability will not exceed $100.
Indemnification. You agree to protect, indemnify, and hold the Released Parties harmless from any claims, damages, losses, costs, and expenses, including legal fees, arising from your use of third-party or uxberg school Content, Your User Content, infringement of intellectual property or other rights, violation of laws or these Terms, or any wrongful conduct by you or someone using your account. We will promptly notify you of any such claim or proceeding and reserve the right to handle its defense, requiring your cooperation in defending against such claims.
uxberg school is not responsible for the actions of users utilizing its services. We may also modify the uxberg school Service at any time without being liable for the impact of these changes. We do not guarantee the quality, accuracy, or reliability of any content accessed through our service or any external websites.
16. General Terms
These Terms represent the complete agreement between you and uxberg school regarding the use of the uxberg school Service. Failure by uxberg school to enforce any rights or provisions of these Terms does not constitute a waiver of such rights or provisions. Should any provision of these Terms be deemed invalid by a court, the parties still agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the remaining provisions will continue in full effect. Titles and annotations in these Terms are for convenience only.
Regarding disputes with the Released Parties related to the uxberg school Service or these Terms, you acknowledge that:
YOU WAIVE YOUR RIGHT TO A JURY TRIAL.YOU WAIVE YOUR RIGHT TO ACT AS A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT.YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS FOREVER BARRED.
Contact Information: hi@uxberg.com.
