Terms of Use

Last Updated: These Terms of Use were last updated on December 17, 2020.

Introduction

Welcome to workshops.uxpressia.com ("Website") , a service offered by UXPressia, Inc., a registered California Company (collectively, "We/Us"). The following terms and conditions (the "Terms") govern all use of the Website, products, all content and services available at or through the Website (collectively, the "Services").

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, UXPressia's Privacy Policy and procedures that may be published from time to time on this Site by UXPressia (collectively, the "Agreement"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES. If these terms and conditions are considered an offer by UXPressia, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

1. License to Use our Services

Subject to these Terms, we and our licensors grant you a limited, personal, non-exclusive, non-transferable license to use our Services for your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all the rights, title and interests in and to our Services, including all related intellectual property rights. Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) share, rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services. Any rights not expressly granted herein are reserved by us. Copyright 2020 UXPressia, Inc. All rights reserved.

2. Fees for Services

You agree to pay any fees for each Service you purchase or use (including any applicable additional fees), in accordance with the pricing and payment terms presented to you for that Service.

3. User Content

1. You represent and warrant that (1) any information you provide in connection with your use of the Website is true and accurate; (2) you will respect the intellectual property and other informational and all rights of UXPressia and others; and (3) you will not provide information that is:
a) Illegal;
b) is unlawful or promotes unlawful activities;
c) defames, harasses, abuses, threatens, or incites violence towards any individual or group;
d) is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
e) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
f) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
g) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
h) impersonates any person or entity, including any of our employees or representatives; or
i) violates the privacy of any third party.

4. Confidentiality

If any confidential information and trade secrets are disclosed by you during the course of using the Services, We will treat such information in strictest confidence and will not disclose such information to any other party, without the prior written consent from you. However, information is not regarded as confidential if such information is already in the public domain or documented in the files of the non-disclosing Party at the time of disclosure, or which subsequently becomes available to the public without any breach of these Terms, and except for disclosures permitted in these Terms shall be held. Each Party will take reasonable precautions including, without limitation, all precautions it takes to protect its own confidential information, to prevent any disclosure of the other's confidential information. Wemay disclose your confidential information when required by law or legal process, but only after we, if permitted by law, use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirements to disclose at your sole cost and expense.

5. Security

UXPressia will store and process any personal information you provide by using the Website in a manner consistent with the applicable industry security standards. You also agree to help us keep your personal information protected and safeguard your personal information in a reasonable manner.

6. Changes and Updates

We may make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services. The most current version will always be posted on the Website. The then-current version of these Terms will supersede all earlier versions and changes will be effective no sooner than the day they are publicly posted. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. In order for certain changes to become effective, applicable law may require Us to obtain your consent to such changes, or to provide you with sufficient advance notice of them. You agree that your continued use of the Website after such changes have been published to our Services will constitute your acceptance of such revised Terms. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service and Website, because by continuing to use the Services and Website you indicate your agreement to be bound by the updated Terms.

7. Disclaimer of Warranties

THE USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and reliance on the services and service content is at your own risk. Any material that you access or obtain through the Services is done at your own discretion and risk and you will be solely responsible for any damages to your computer or loss of data that results from the download of any material through the services. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, UXPRESSIA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF UXPRESSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Indemnity

You agree to indemnify and hold Us, UXPressia, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Website, including, without limitation, your violation of these Terms, or your violation of any rights of a third party through use of the Website.

10. Copyright Infringement and DMCA Policy

If you believe that material located on or linked to by Us violates your copyright, you are encouraged to notify UXPressia in accordance with our Digital Millennium Copyright Act Policy ("DMCA Policy").

If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending a properly formatted take-down notice in writing to Company's designated copyright agent at the address provided by the California Secretary of State. If We take action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Us. Any DMCA infringement notice may be forwarded to the party that made the content available and or to any interested third parties.

If a counter-notice is received by Company's copyright agent, We may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user; the removed content will be reinstated on the Website in ten (10) to fourteen (14) business days after receipt of the counter-notice.

11. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN A COURT OF LAW AND TO HAVE A JURY HEAR YOUR CASE. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled through final and binding arbitration by a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. You and we expressly waive a trial by jury. The arbitration will be held in San Francisco, California, or any other location we agree to, in the English language and the arbitral decision may be enforced in any court. Each side will be responsible to pay its own attorney fees and costs.

You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, address, email address, and a clear statement that you want to opt out of this arbitration agreement, and you must send the email to: arbitration.optout@uxpressia.com.

12. Entire Agreement

These Terms constitute the entire agreement between you and Us with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

13. Waiver, Severability & Assignment

Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assignees.

14. Contact details

If you have any questions regarding UXPressia use of cookies, please contact us by sending an email to support@uxpressia.com

Contact information:
UXPressia Inc.
951 Mariners Island Blvd., Suite 300, San Mateo, CA 94404
Email: support@uxpressia.com
Tel: +1 650 781 5810