End User Licensing Agreement
Please read the following carefully.
By clicking “I accept” or “I agree” or using the services you are entering into a binding contract with UBTECH Education, a division of Ubtech Robotics Corp., and its affiliates. (collectively, “UBTECH EDU”, “we” or “us”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND UBTECH EDU THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
IMPORTANT: If you are a minor (a minor often is someone under the age of 18), you may not register for, or otherwise access, the Services (as defined below), nor may you agree to the terms of this End User License Agreement (“EULA”) unless your educational institution or parent agrees to and accepts the terms of this EULA on your behalf.
If you have any questions about this EULA, please contact us at: firstname.lastname@example.org.
It is important to us that the Services provide you with a helpful and reliable experience. To protect our rights and yours, this EULA governs all uses of the Services. Access or use of the Services for which you seek registration or enrollment constitutes acceptance of this EULA as a binding agreement. By using the Services, you represent that you (1) have read and understood the terms, (2) agree to use the Services in compliance with applicable laws and the terms of this EULA and (3) are an Authorized User (as defined below). You may not use the Services if you do not agree with the EULA or if you are not an Authorized User.
2. Changes to this EULA
UBTECH EDU may make changes to this EULA from time to time for any reason. Typically, these changes are made to conform to current practices, comply with changing regulatory requirements, or other similar purposes. If UBTECH EDU modifies this EULA in a manner that materially changes the terms or scope of the Services made available to you, we will make reasonable efforts to notify you by contacting you and/or your Institution via email or posting reasonable notice. Continued use of the Services after reasonable notice of such changes to the EULA has been provided will constitute consent to the revised EULA terms. If you have any questions about this EULA, please contact us at: email@example.com
3. The Services
UBTECH EDU UKIT products and services (collectively the “Services”) are owned by UBTECH EDU. Our Services are designed to integrate seamlessly into classroom instruction as the vehicle for delivering engaging hands-on STEM+C curricula. Our Services may be delivered to you through the Internet via a user’s browser or through our app (mobile or otherwise) and may include information connection with classes and programs offered by your school, employer, university or other educational institution (“Institution”). The Services may be provided directly by UBTECH EDU and downloaded from third parties, such as Google Play and the Apple Store for our mobile app users and with applications and software accounts on your Institution-issued devices and managed by your Institution or their integrated third party service provider (“Third Party Service”). The Services may link to or provide options to access third party websites or applications where consistent with law and our agreements with your Institution.
4. Authorized Users and User Accounts
The Services are available only to individuals who have gained lawful access to our Services directly from UBTECH EDU or through the Institution with which such individual is affiliated (“Authorized User,” or “User,” or “User Accounts”).
In order to initiate your access to the Services, UBTECH EDU requires the Institution to provide purchase, transaction and contact information and information related to Institutional and administrative users. (“Customers”). Once a purchase is complete, the Institution will create UKIT user groups inclusive of students (“Student Users”) and educators (“Educator Users”) by providing account credentials for each user including username, whether the user is over or under the age of 16, a cell phone number or email address for receiving a verification code, and, optionally, an avatar or image to be associated with the User account. (“Account Credentials.”) Authorized Users and Users agree to provide accurate and truthful information when creating a User Accounts and to promptly update such information should it change. The Services are intended for use only in the United States. You understand and acknowledge that the administrators or technical service providers associated with your Institution may have access to your User Account and may suspend, modify or terminate your account access at any time and for any reason.
5. Protection of Account Credentials
User Accounts are for your use only. Unless we provide an approved mechanism for such use, allowing others to access or use the Services through your User Account is strictly prohibited and you are responsible for all uses of the Services associated with your Account Credentials, whether the use is made by you personally or by a third party due to your disclosure of your Account Credentials.
In order to protect the security of your Account Credentials and the Services, it is important that you maintain the confidentiality of your Account Credentials. You agree not to (1) use Account Credentials other than your own, or (2) to disclose your Account Credentials to any third party or service, other than an authorized Third Party Service. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify your Institution or UBTECH EDU at firstname.lastname@example.org, of any known or suspected loss, disclosure or theft of your Account Credentials and/or access codes you obtain in connection with the Services.
6. UBTECH Marks
Unless otherwise indicated, trademarks, service marks and trade names (collectively “Marks”) that appear on the Services are the property of UBTECH EDU or its licensors. Any trademarks not owned by UBTECH EDU that appear in the Services are the property of their respective owners. You agree not to misuse or disparage any Marks associated with the Services or use the Marks (or any confusingly similar marks) in such a way that would misrepresent the ownership of the Marks or otherwise confuse the public as to the source or origin of any products or services. You should not use any Mark without obtaining the written consent of the Mark owner, using appropriate notice and attribution of the owner’s trademark rights, and using the Marks in accordance with applicable usage guidelines as provided by a Mark’s respective owner. Any such permitted use of the Marks by you shall be to the benefit of the respective Mark owner.
7. Limited License
For purposes of this EULA: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you, or any other User, provide to be made available through the Services.
Content Ownership, Responsibility and Removal. UBTECH EDU does not claim any ownership rights in any User Content and nothing in this EULA will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, UBTECH EDU and its licensors (including, without limitation, other Users) exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to UBTECH EDU a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify and distribute your User Content in connection with operating and providing the Services and Content to you and to other Users and, on an anonymous or aggregate basis, to improve our products and services or for internal analysis and research.
Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this EULA. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by UBTECH EDU on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by UBTECH EDU. Subject to your compliance with this EULA, UBTECH EDU grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, use, download and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial educational purposes.
You are responsible for meeting the then-current hardware, operating system, Internet browser and other technical requirements necessary to properly use and access the Services. All rights not specifically granted herein are reserved by UBTECH EDU.
8. Prohibited Uses of Our Services
Except as you may be expressly permitted by this EULA, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any UBTECH EDU Services in any form, format or media or by means without obtaining the prior written authorization of UBTECH EDU and/or its licensors. Without limiting this restriction, you acknowledge that the following “Prohibited Uses” shall not constitute “fair use” and are specifically prohibited under the terms of this EULA in the absence of written permission and that any such Prohibited Use constitutes a material breach of the terms of this EULA:
- making the UBTECH EDU Services, including model instructions, available in print format in connection with “course packets” and/or library reserve materials or otherwise making UBTECH EDU Services or User Content available online outside of the Services, regardless of whether such use is related to the course for which the Services are provided;
- making the Services available, by any means, to others (even members of your Institution) who are not Authorized Users and/or in connection with courses or other activities for which the Services are not authorized for use;
- reproducing or distributing outside the Services, by any means, any uKit models, illustrations, charts, photographs, outlines, included in the Services for use outside of the relevant Institution.
9. Appropriate Use of the Services
You are expressly prohibited from any conduct which: threatens the security, integrity or availability of the Services; provides or facilitates access to the Services by unauthorized users or services; and/or results in prohibited duplication, transmission or exposure of non-public information associated with the Services. You represent and agree that you shall not use the Services in violation of this EULA, any applicable local, state, national or international law or regulation, and/or the academic rules or policies of your Institution. You further agree that you will not use the Services in a manner which threatens the security, stability or integrity of the Services or networks connected to the Services (“Service Network”). Without limiting the foregoing, you acknowledge and agree that that you will not take any action to:
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; including using another person’s User Credentials (including passwords) or making your User Credentials available for use by others;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any other Materials without the prior written consent of UBTECH EDU;
- violate any measure employed to limit or prevent access to the Services or otherwise obtain or attempt to obtain through any means any content, functionality or other information which has not been intentionally made available to you either by visible display on the Services or access through a visible link on the Services;
- decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
- attempt, in any manner to gain unauthorized access to the Service Network, obtain the password, account, or other security information from or of any other User, or otherwise violate the security of the Service Network or access encrypted codes;
- interfere with or disrupt (or attempt to interfere with or disrupt) the proper working of the Services or Service Network, or violate any requirements, procedures, policies or regulations of the Service Network;
- take or attempt any action that, in the sole and absolute discretion of UBTECH EDU, imposes or may impose an unreasonable or disproportionately large load or burden on the Service Network, disrupts the normal flow of data, or threatens the stability of the Services or Service Network; or
- engage any conduct which, in UBTECH EDU’s sole and absolute discretion, diminishes the pedagogical or commercial value of the Services, infringes any proprietary rights in the Materials or Applications, or otherwise violates this EULA.
UBTECH EDU reserves the right, at its sole discretion, to suspend or terminate access to and use the Services with respect to any User that UBTECH EDU reasonably believes has undertaken, or participated in, any of the foregoing activities, violated the terms of this EULA, or whose actions have, or are likely to, otherwise cause harm to UBTECH EDU, the Services, the Service Network or other Users, or for any other reason at the sole and absolute discretion of UBTECH EDU. Additionally, UBTECH EDU may suspend or terminate your access at any time at the request of your Institution.
10. Permissible User Content
The Services may provide functionalities for Authorized Users to create, upload or post information, data, text, multimedia content, conversations or logs, messages and other materials or submissions (“User Content”). You may only post User Content that is your own original work or for which you have obtained the necessary rights or permissions for reproduction and public display through the Services and include any applicable ownership or attribution notices. You are solely responsible for User Content that you post on the Services and agree not to create, post, upload or link to any Prohibited User Content (as defined below). UBTECH EDU does not pre-screen User Content and assumes no responsibility for User Content. The views and opinions expressed in any User Content do not necessarily reflect those of UBTECH EDU or its licensors. UBTECH EDU has the right (but not the obligation), in its sole discretion, to monitor, refuse to post or otherwise distribute, or remove any User Content for any reason and to terminate your access to the Services to prevent further posting or distribution of Prohibited User Content. If you discover any Prohibited User Content and would like to inform us, please contact us at email@example.com
11. Use of User Content
By creating, posting, uploading or linking to User Content, you grant to UBTECH EDU a perpetual, royalty-free, worldwide right and non-exclusive license to use, host, license, store, reproduce, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the Services) in connection with the Services. Further, you acknowledge and agree that your User Content shall be available to other Users on the same terms as granted by you to UBTECH EDU under this EULA and specifically this Section 11. UBTECH EDU shall not be responsible or liable for the deletion, destruction, damage, loss or failure to store any User Content. By posting User Content that is owned by third parties, you represent that you have been granted the right to grant to UBTECH EDU the right to make such User Content available to Authorized Users to the same extent as the Materials provided with the Services. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright. Additional terms and options may be presented through the user interface available on the Services for posting or uploading User Content which shall have the same force and effect as the terms of this EULA.
12. Prohibited User Content
You will, at all times comply with all applicable local, state, federal, and foreign laws in using the Services. You agree that you will not (directly or through others) contribute, create, upload, post, link to, or otherwise cause the distribution of any content or use the Services in any manner that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of the rules or policies of the Institution;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or which you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- jeopardizes the security, availability or integrity of the Services or causes harm to any User and his or her property through the use of malicious code or other contaminating or destructive devices;
- transmits advertising material and/or any unsolicited or unauthorized promotional materials, junk mail, SPAM, chain letters, or any other form solicitation in violation of any applicable rules, regulations or laws or otherwise interferes with the proper working of the Services or Service Network; or
- otherwise violates the terms of this EULA.
13. User Suggestions
UBTECH EDU always welcomes suggestions and comments regarding the Services. Suggested improvements, additions or other comments may be submitted by you to UBTECH EDU, whether through the Services, online, offline, verbally, or in writing (“User Suggestions”) Regardless of the manner of submission, you hereby acknowledge that all right, title and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of UBTECH EDU and may be used for its business purposes at UBTECH EDU’s sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when products and services developed by UBTECH EDU might seem to others to be similar to their own submissions or comments. No reference to your personal information shall be made in connection with the any use by UBTECH EDU of User Suggestions.
14. No Liability for Third Party Websites and Third Party Content
UBTECH EDU assumes no responsibility for third party content (“Third Party Content”), services or applications that may be accessed by way of links on the Services to sites hosted by third parties that are outside of UBTECH EDU’s control (“Third-Party Sites”). UBTECH EDU does not endorse or guarantee the accuracy, integrity or quality of Third Party Site or Third Party Content and disclaims all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such content or sites. The inclusion of a link to any Third Party Site in the Services does not imply that the owners of such Third-Party Sites have sponsored or endorsed the Services. UBTECH EDU is not responsible for the accessibility of Third-Party Sites accessed through links to the Services. Should you discover that a link to a Third-Party Site is no longer functional or directs Users to inappropriate content or Prohibited User Content, please contact us at firstname.lastname@example.org
15. Availability of the Service
The scope and availability of the Services may vary according to (1) additional terms presented at the time of purchase or registration, (2) Types of UKits robots available for a specific Course or Service, and/or (3) any licensing terms between UBTECH EDU and your Institution. UBTECH EDU is not responsible for limitations of access resulting from any Third Party Service or as the result of certain account settings established by your Institution. You are responsible for obtaining Internet access in order to use the Services. You may access your project through the Services only for the duration of your Course as determined by your Institution. Institution access may be provided for an indefinite time period until otherwise terminated subject to this EULA.
While UBTECH EDU makes reasonable efforts to ensure the availability of the Services to Authorized Users with active Customer Accounts, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond UBTECH EDU’s control, such as disruptions of internet services or unforeseen threats to the integrity or security of the Services.
UBTECH EDU may at any time, with or without notice to you, restrict the use and accessibility of the Services and/or discontinue any portion, feature, or content of the Services. UBTECH EDU will make reasonable efforts to provide Authorized Users notice of significant changes to the Services to Authorized Users with active Customer Accounts whenever reasonably feasible and provide alternative materials or services if substantial portions of the Services become unavailable. Information and updates about changes to the Services and its availability are posted regularly at www.ubtecheducation.com
16. Termination of Access
- Termination by You. Subject to account restrictions that may be imposed by your Institution or a Third Party Service through which access to the Services is provided, you may terminate and delete your User Account at any time by notifying UBTECH EDU of your decision to do so by contacting us at email@example.com.
- Termination by UBTECH EDU. UBTECH EDU may, in its sole discretion, and with or without advance notice, suspend your access to all or any part of the Services, or your rights to use the Services, for any conduct or use (whether terminated by you or anyone else having access to the Services under your Account Credentials) that UBTECH EDU reasonably believes violates this EULA.
- Effect of Termination. Whether termination is initiated by you, your Institution or UBTECH EDU, Sections 11-13, 16-23, and 26 of this EULA shall survive any such termination. Any User Content, User Account information, data, or settings specific to your User Account may be permanently lost upon termination of a Service or Subscription provided through the Services.
17. Sole Remedy
UBTECH EDU’s entire liability to you, and your sole and exclusive remedy, regarding the use of the Services shall be either restoration of access to the Services purchased by your Institution, or a refund to an Institution of any fees paid directly by you to UBTECH EDU for the particular Service if Services are not operable. Refunds are not available for lost or stolen access codes, or any purchases made through third parties. (If you are dissatisfied with a Service or wish to request a refund, please contact us at firstname.lastname@example.org.
18. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (a) YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (b) YOU HAVE NOT RELIED ON ANY STATEMENT, INFORMATION OR ADVICE FROM UBTECH EDU’S REPRESENTATIVES OR RESELLERS WHICH WOULD BE DEEMED TO BE A WARRANTY OF THESE SERVICES OR FORM THE BASIS FOR ANY LIABILITY OF UBTECH EDU; (c) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UBTECH EDU AND ITS LICENSORS AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER UBTECH EDU NOR ITS LICENSORS MAKE ANY REPRESENTATION OR WARRANTY THAT: (a) THE SERVICES OR YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (c) THE SERVICES WILL MEET YOUR REQUIREMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability
IN NO EVENT SHALL UBTECH EDU OR ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING, WITHOUT LIMITATION ANY CLAIMS OR DAMAGES BASED ON YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY THIRD PARTY WEBSITES, OR APPLICATIONS ACCESSED THROUGH THE SERVICES, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, LOSSES CAUSED BY YOUR RELIANCE ON ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES, AND/OR ANY OTHER LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES. UBTECH EDU’S MAXIMUM AGGREGATE LIABILITY UNDER THIS EULA WILL IN NO EVENT EXCEED THE TOTAL FEES PAID TO UBTECH EDU BY YOU FOR THE SPECIFIC SERVICES FROM WHICH THE LOSS ARISES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF UBTECH EDU HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND/OR IF ANY OF THE LIMITED REMEDIES IN THIS EULA FAIL THEIR ESSENTIAL PURPOSE.
NO ACTION, REGARDLESS OF FORM, ARISING UNDER THIS EULA MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE FACTS SUPPORTING THE CAUSE OF ACTION HAVE BECOME KNOWN, OR REASONABLY SHOULD HAVE BECOME KNOWN TO YOU. NOTHING IN THIS EULA IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND IN SUCH INSTANCES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
20. Representation and Warranty; Indemnity
As a condition of your use of the Services, you warrant and represent to UBTECH EDU that you are an Authorized User and will not use the Services for any purpose that is unlawful or prohibited by this EULA. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless UBTECH EDU and its employees, officers, agents, contractors, and licensors from any claims, damages, expenses, or liabilities arising from or in any way related to your violation of this EULA or unauthorized use of the Services.
21. Choice of Law and Forum
You agree that this EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and that any and all actions, disputes or controversies relating to this EULA or your use of the Services (each a “Claim”) shall be subject to the terms of this provision and Section 22 on “Dispute Resolution.” This EULA and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as expressly provided in the “Dispute Resolution” provision below, for all Claims that you and UBTECH EDU are not required to arbitrate, (a) you submit to the personal and exclusive jurisdiction and venue of the courts located within the city and county of Los Angeles, California (“Chosen Forum”) with respect to any Claim; and (b) agree that any Claim will be governed by and construed subject to laws of the state of California, , without giving effect to its conflict of law principles (“Chosen Law”).
22. Dispute Resolution
(a) Mandatory Arbitration of Disputes. We each agree that any Claim arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and UBTECH EDU agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and UBTECH EDU are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
(b) Exceptions and Opt-out. As limited exceptions to Section 22(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver. YOU AND UBTECH EDU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2 “Changes to this EULA” above, if UBTECH EDU changes any of the terms of this Section 22 “Dispute Resolution” after the date you most recently accepted this EULA, you may reject any such change by sending us written notice (including by email to [email]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of UBTECH EDU’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and UBTECH EDU in accordance with the terms of this Section 22 “Dispute Resolution” as of the date you most recently accepted this EULA.
(g) Severability. With the exception of any of the provisions in Section 22(e) of this EULA (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
23. United States Export Requirements
This EULA and your use of the Services are subject to US regulations and laws which restrict the export by UBTECH EDU or its contractors and licensors of certain materials and technical data. You agree not to transfer, directly or indirectly, by electronic means or otherwise, any Services to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or otherwise restricts such exports. Pursuant to current restrictions of the U.S. Government, nationals of Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria may not use or access the Services at this time.
24. DMCA and Notices of Inappropriate Content
If you have any copyright concerns about any materials posted on the Services by others, or otherwise want to report inappropriate content on the Services, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. Section 512). Unless otherwise stated in any specific DMCA designation provided by UBTECH EDU, please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
DMCA Designated Agent (Copyright Agent)
UBTECH EDU Education, Inc.
If you are a copyright owner or authorized agent of a copyright owner and believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited through the Services in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent. To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon; Information reasonably sufficient to permit UBTECH EDU to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Services (“Infringing Material”), and information reasonably sufficient to permit UBTECH EDU to locate such material on the Services; Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Services are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
25. Reporting other Prohibited Content
UBTECH EDU also encourages you to report to UBTECH EDU any content on or accessible through the Services which you believe contains infringing content, malicious code, or any offensive, libelous, or otherwise illegal or that is otherwise prohibited under this EULA by contacting us at email@example.com. To ensure UBTECH EDU can quickly respond to the issue, your email should include: the originating UBTECH EDU page URL; the linked page URL; a description of the content in question and the basis upon which you believe the content is prohibited or otherwise inappropriate; and the contact information through which UBTECH EDU may best reach you if you are willing to further assist UBTECH EDU in its investigation.
This EULA is personal to you, and you may not assign, transfer or delegate your rights or obligations under this EULA to anyone. UBTECH EDU may assign or delegate its rights or obligations under this EULA, in whole or in part, subject to UBTECH EDU’s right and obligations under this EULA and any agreement it may have with your Institution. In the event that any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of this EULA shall remain valid and enforceable according to its terms. This EULA is the entire agreement between UBTECH EDU and you with respect to the Services and cannot be modified absent a signed written agreement. Headings in this EULA are for your convenience only and do not have any legal meaning or effect. If UBTECH EDU waives or fails to enforce any term or condition of this EULA on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent UBTECH EDU from enforcing any terms or condition of this EULA at any other time. The meaning of this EULA cannot be changed by your or UBTECH EDU’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses. In addition to being a part of the registration form, this EULA is accessible through a link on the Services so that you may reference it at any time.
Last Revised: September 2019