App Academy: Terms of Service

APP ACADEMY

TERMS OF SERVICE AGREEMENT

Last updated: June 30, 2021

Hash Map Labs Inc. and its subsidiaries, including App Academy, LLC (collectively, “App Academy”, “we,” “our” or “us”) owns and operates (i) the App Academy Open online software platform (the “Platform”) that provides users online software coding courses and related educational resources and materials (the “Service”), and (ii) the App Academy website located at www.appacademy.io (the “Site”). App Academy makes available the Platform, Service, Site and any related resources, materials, information and/or services provided by us to you in connection with your use of the Platform, Service and/or Site (all of the foregoing, collectively, the “Services”) to you subject to this Terms of Service Agreement (this “Agreement”).

IMPORTANT -- PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND APP ACADEMY GOVERNING YOUR USE OF THE SERVICES. BY USING OR ACCESSING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR DOWNLOADING, INSTALLING AND/OR ACCESSING THE PLATFORM: (I) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW); (II) YOU REPRESENT THAT YOU ARE ELIGIBLE TO ENTER INTO THIS AGREEMENT PURSUANT TO THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW IN SECTION 1; AND (III) YOU AGREE THAT YOU ARE ENTERING INTO THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW) WITH APP ACADEMY, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION.

PLEASE NOTE, THIS AGREEMENT ALSO CONTAINS AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH, AND SUBJECT TO, SECTION 19. IN ADDITION, PLEASE BE ADVISED THAT APP ACADEMY DOES NOT PROVIDE WARRANTIES FOR THE SERVICES AND THIS AGREEMENT LIMITS OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 7, 11 AND 12 FOR FURTHER INFORMATION. YOU MAY NOT USE THE SERVICES, OR ANY PART THEREOF, IF YOU DO NOT AGREE TO THIS AGREEMENT.

ELIGIBILITY. You must be at least 16 years of age or older to use the Services. If you are under the age of 18, or the age of majority in your jurisdiction, you must have your parent or legal guardian’s permission to use the Services, as well as have them read and agree to this Agreement on your behalf. You affirm that you (i) are either 18 years old or the age of majority in your jurisdiction or that you are the parent or legal guardian of a user that is 16 years of age or older, and (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
ADDITIONAL TERMS; MODIFICATIONS TO THIS AGREEMENT

Additional Terms. When using particular services or materials through or in connection with the Services, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in the terms (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement. In the event of any conflict with this Agreement and the Additional Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms. If you access the Services as part of a Course Program (defined in Section 4.3 below), this Agreement shall control with respect to your access and use of the Services in the event of conflict with the terms of this Agreement and the enrollment agreement entered into between you and App Academy for the Course Program (the “Enrollment Agreement”).
Modifications to this Agreement. App Academy reserves the right to update or modify this Agreement at any time. All updates and modifications to these documents will be effective from the day they are posted online (except as stated below). If we make any material changes to this Agreement, we will notify you of these changes by sending a notification to the email address we have on file for you, or, if we do not have an email address on file, by posting a notice of the changes on the Site and through the user interface of the Platform. It is your responsibility to regularly visit and review this Agreement. If you do not agree to any updates or modifications to this Agreement, simply do not use or access the Services and terminate your User Account. Your continued use of the Services after we have posted the updated Terms, or, in the event of material changes, ten (10) days following the date App Academy first notified you of such material changes either through email or the date we posted the notice of such changes on the Site and/or Platform, as applicable), signifies to us that you acknowledge and agree to be bound by the revised Terms.

TERM; TERMINATION

Term. This Agreement will remain in full force and effect as long as you continue to access or use the Services (or any part thereof), or until terminated in accordance with the provisions of this Agreement.
Termination; Suspension. At any time, App Academy may (i) suspend or terminate your rights to access or use the Services (or any part thereof), or (ii) terminate this Agreement with respect to you if App Academy, in good faith, believes that you have used the Services (or any part thereof) in violation of this Agreement, including any incorporated policies, guidelines, terms or rules. Without limiting the foregoing, if at App Academy’s reasonable determination, you use the Services (or any part thereof) or any other material or services provided by App Academy to you in a manner that violates laws, creates an excessive burden or potential adverse impact on App Academy’s systems, in addition to any of its other rights or remedies, App Academy may, without liability to App Academy, immediately suspend or terminate your access to the Services.
Effect of Termination. Upon termination of this Agreement, your User Account and your right to use the Services will automatically terminate. The following Sections shall survive any termination or expiration of this Agreement: 1, 2.1, 3.3, 4, 5.3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20.

PROGRAMS; FEES

Programs - Generally. App Academy will provide you access to the Services in accordance with the program purchased or obtained by you from App Academy (the “Program”). For more information regarding our Programs, including pricing, please see our Program Plans Page. As used in these Terms, “Program Term” means the applicable term period for the Monthly Program or Course Program.
Monthly Programs; Fees. If you have purchased a “Free” or “Mentorship” Program, the Program shall begin on the date you purchased and/or obtained the Program and continue on a monthly basis (each, a “Monthly Program”). You acknowledge and agree that Monthly Programs shall automatically renew for successive one (1) month periods, unless you terminate your Monthly Program prior to the expiration of the then-current month by contacting us at admin@appacademy.io. Except as otherwise set forth in this Agreement, the fees payable for Monthly Programs will remain fixed during the Program Term unless you (i) upgrade your Monthly Program, and/or (ii) subscribe to additional features or products. In the event a price change applies to you, you will be charged at the start of the next billing cycle for such additional fees. For the avoidance of doubt, you acknowledge and agree that any downgrade to your Monthly Program shall not take effect until the next renewal date of the Program Term (i.e. prior to the start of the next month). Monthly Programs shall renew at App Academy’s then-current pricing for such Program.
Course Programs; Fees. If you have purchased access to the Services as part of one of App Academy’s full-time immersive Programs (for example, the Software Engineering Track: Online, Full-Time Software Engineering Track in New York, Full-Time Software Engineering Program in San Francisco or Bootcamp Prep)(each, a “Course Program”), your access to the Services shall begin on the applicable Course Program “start date” and continue until the Course Program “end date,” unless you have purchased a Monthly Program, or otherwise have been authorized by App Academy in writing to continue accessing the Services following the “end date” of the applicable Course Program. The fees payable for Course Programs shall be set forth in, and payable in accordance with, the terms of the applicable Enrollment Agreement entered into between you and App Academy for the Course Program.
Payment Terms. All fees for the Monthly Program are due and payable in advance, unless otherwise expressly and mutually agreed to by you and App Academy in writing. When you purchase and/or upgrade to a paid version of the Monthly Program, you expressly agree that App Academy is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with App Academy in connection with such Program, and you hereby authorize App Academy to charge the fees to the credit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to you for any reason in advance, App Academy reserves the right to suspend or terminate your access to the Services, downgrade your Program and/or terminate this Agreement. All fees are non-refundable and non-cancellable.
Taxes. The fees are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”), and you will be responsible for payment of all such taxes (other than taxes based on App Academy’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Services, or performance of any services by App Academy hereunder.

ACCESS AND USE OF THE SERVICES

User Accounts. In order to access and use the Services, you must create and register a user account (“User Account”). In registering a User Account, you agree to provide and maintain information that is true, accurate, current, up to date, and complete. You agree that you will not (i) create a User Account using a false identity or information, (ii) create a User Account or use the Services if you have been previously removed or banned by us from use of the Services, or any part thereof. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your User Account. You are solely responsible for any activity originating from your User Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your User Account. App Academy will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your User Account secure.
Access to the Service. Subject to your compliance with this Agreement, App Academy hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited right to access and use the Site and Platform, over the internet, solely to access and use the Service for your personal, non-commercial use, and otherwise in accordance with this Agreement.
Prohibited Use. You agree that you will not, and it will not permit any third party to:

Modify, adapt, translate or create derivative works based on the Services (or any part thereof), or any related documentation;
Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Platform, except as expressly permitted by applicable law;
Distribute, license, sublicense, assign, transfer or otherwise make available to any third party the Platform, or any related documentation;
Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of App Academy or its suppliers on or within the Services or related documentation;
Use the Services to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
Interfere with or disrupt the integrity or performance of the Services or any system, network or data;
Attempt to gain unauthorized access to the Services or its related systems or networks;
Frame or utilize framing techniques to enclose the Services or any portion thereof;
Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Services, content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
Violate any applicable local, state, national or international law in your use of the Services, including, without limitation, any and all applicable export laws.

App Academy GitHub Repository. App Academy may make available to you sample code developed by App Academy and/or third parties (which may include, but not limited to, other users) (collectively, “Sample Code”) through App Academy’s GitHub repositories located at https://github.com/appacademy (“App Academy GitHub Repository”). Your use of the Sample Code is subject to the license terms specified in the applicable App Academy GitHub Repository for such Sample Code, and the Sample Code is not licensed to you under the terms of this Agreement.
Changes and Modifications. App Academy reserves the rights to either temporarily or permanently modify, suspend or discontinue the Services (or any part thereof) with or without notice. You agree that App Academy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

USER DATA & PRIVACY; USER CONTENT; HONOR CODE

User Data; Privacy. You understand and agree that App Academy may collect data and information, which may include personally identifiable information (“User Data”) in connection with your use of the Services. By using the Services and providing User Data you grant to App Academy a non-exclusive, royalty-free, fully-paid, worldwide license, under all of your intellectual property and proprietary rights, to any and all User Data reasonably necessary for App Academy to provide you the Services hereunder. Notwithstanding the foregoing, you acknowledge and agree that App Academy may use and fully utilize any aggregated non-personally identifiable data and/or information collected or obtained from your use of the Services for any purpose. Any personally identifiable information provided or collected through or in connection with the Services shall only be used in accordance with this Agreement and the App Academy Privacy Policy available at https://www.appacademy.io/privacy-policy.
User Content. The Services contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to App Academy and/or to other users or other persons content or materials on or through the Services, including, without limitation, any course work, assignments, and/or sample code that a user creates and/or submits in connection with the use of Services (all of the foregoing, collectively, “User Content”). Any User Content you post to public forums, message boards, the Services will be considered non-confidential and non-proprietary. By providing any User Content on or through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material in connection with the Services. App Academy will not review, share, distribute, or reference any User Content except as provided in this Agreement, as provided in our Privacy Policy and DMCA - Copyright Policy, or as may be required by law. Subject only to the limited license expressly granted herein, you shall retain all right, title and interest in and to the User Content and all intellectual property rights therein.
Community Standards, Honor Code, and Code of Conduct. By using the Services, you agree to comply with App Academy’s Community Standards, Honor Code and Code of Conduct. App Academy takes conduct and use violations very seriously. If you post, submit or otherwise provide User Content or engage in behavior in any manner in violation of these Terms, including, without limitation, the Community Standards, Honor Code and/or Code of Conduct, or in a way that App Academy deems to be unacceptable (in its sole discretion), such use may result in immediate account suspension or cancellation and the possibility that App Academy will pursue civil remedies. In addition, without limiting any other rights or remedies of App Academy hereunder, App Academy retains the authority to remove any User Content and/or User Data uploaded or submitted through the Services that it deems in violation of this Agreement, including, without limitation, the Community Standards, Honor Code and/or Code of Conduct, or otherwise unacceptable, at its sole discretion.
Responsibility for User Content and User Data. You understand and acknowledge that you, not App Academy, are solely responsible for any User Content and/or User Data you submit, transmit and/or contribute, including its legality, reliability, accuracy and appropriateness. By providing User Content, you represent and warrant that (i) you own or control all rights in and to User Data and User Content and have the right to grant the licenses granted in Sections 6.1 and 6.2 above; (ii) you have obtained all permissions and/or approvals as may be necessary or required to transmit your User Data; and (iii) all of your User Content does and will comply with this Agreement, including without limitation the Community Standards, Honor Code and Code of Conduct.
Copyright Infringement. If you believe that any User Content violates your copyright, please see our DMCA - Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of App Academy to terminate the User Accounts of repeat infringers.

USER INTERACTIONS. You understand that your interactions and dealings with other users of the Services are solely between you and such other user. You acknowledge and agree that any problems or disputes between you and another user with respect to any interactions, dealings, and/or communications must be resolved solely between you and the applicable user. App Academy is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and App Academy has no obligation to become involved in any resulting dispute. IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USERS THROUGH THE SERVICES OR ANY THIRD PARTY, YOU AGREE THAT APP ACADEMY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU RELEASE APP ACADEMY, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
OWNERSHIP; FEEDBACK

Ownership. App Academy or its licensors retain all right, title and interest in and to the Services, including without limitation, the courses, course work, course materials, and other educational materials, documentation and information made available by App Academy in connection therewith, including any and all copies thereof and improvement, updates, and/or or enhancements thereto, and the Sample Code developed by App Academy (all of the foregoing, “App Academy IP”), and all patent, copyright, trademark, and trade secret rights, embodied in, or otherwise applicable to the App Academy IP, whether such rights are registered or unregistered, and wherever in the world those rights may exist. You shall not commit any act or omission, or permit or induce any third party to commit any act or omission inconsistent with App Academy’s or its licensors’ rights, title and interest in and to the App Academy IP and the intellectual property rights embodied therein or applicable thereto. All materials embodied in, or comprising the Site and/or Platform, including, but not limited to, graphics, user and visual interfaces, images, code, applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the Site and/or Platform and its content, and the trademarks, service marks, proprietary logos and other distinctive brand features found in the Site and/or Platform (“App Academy Marks”), are all owned by App Academy or its licensors. You are expressly prohibited from using the App Academy Marks. Title to App Academy’s Sample Code shall not pass from App Academy to you, and such Sample Code and all copies thereof shall at all times remain the sole and exclusive property of App Academy. App Academy and its licensors and suppliers reserve all rights and licenses not expressly granted to you and no implied licenses or rights are granted by App Academy.
Feedback. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (“Feedback”) that are not already subject to third party intellectual property rights may be used by App Academy or any other user of the Services without compensation or attribution, and you hereby grant App Academy, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in the Feedback for any purpose.

THIRD PARTY LINKS AND WEBSITES. The Services may contain links to certain third party websites which are not controlled or owned by App Academy, including, without limitation, GitHub, which hosts the App Academy GitHub Repository, (collectively, “Third Party Sites”). If you decide to access and use such Third Party Sites, be advised that your use is governed solely by the terms and conditions of such Third Party Sites, and App Academy does not endorse, is not responsible for, and make no representations as to such Third Party Sites, their content or the manner in which they handle your data. App Academy is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third Party Sites, or your reliance on the privacy practices or other policies of such Third Party Sites.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless App Academy, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any and all claims, demands, damages, liabilities, losses, costs and expenses (including attorneys’ reasonable fees) arising from or related to: (i) your violation of this Agreement, including but not limited to a claim arising out of a breach of your representations or warranties hereunder; (ii) your use of and/or access (or any use or access by a third party using your User Account) to the Services (or any part thereof); (iii) any unauthorized use of, and/or violation of the applicable license terms for, any Sample Code; or (iv) your violation of any third party right, including without limitation, any copyright, property, moral or privacy right.
DISCLAIMERS

THE SERVICES (AND ANY PART THEREOF), APP ACADEMY SAMPLE CODE, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY APP ACADEMY, ARE PROVIDED "AS IS" AND "AS AVAILABLE". APP ACADEMY AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
APP ACADEMY AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT SERVICES (OR ANY PART THEREOF), APP ACADEMY SAMPLE CODE, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY APP ACADEMY OR CONTENT MADE AVAILABLE THROUGH THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, OR COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APP ACADEMY OR ANY THIRD PARTY, SHALL CREATE ANY WARRANTY.
APP ACADEMY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY, AND DISCLAIMS ANY AND ALL LIABILITY FOR, ANY USER CONTENT, SAMPLE CODE CREATED OR PROVIDED BY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ANY OTHER USERS), AND/OR ANY THIRD PARTY SITES LINKED, ADVERTISED OR ACCESSIBLE THROUGH THE SERVICES.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL APP ACADEMY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES (OR ANY PART THEREOF), AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY APP ACADEMY, EVEN IF APP ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF APP ACADEMY, AND (II) IN NO EVENT SHALL APP ACADEMY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES (OR ANY PART THEREOF), AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY APP ACADEMY EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO APP ACADEMY FOR THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00). APP ACADEMY DISCLAIMS ALL LIABILITY OF ANY KIND OF APP ACADEMY’S LICENSORS AND SUPPLIERS.
APPLICATION OF LIMITATIONS AND DISCLAIMERS TO CONSUMERS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth this Agreement may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
BASIS OF THE BARGAIN. The warranty disclaimers and limitations of liability set forth in this Agreement are fundamental elements of the basis of the agreement between App Academy and you. App Academy would not be able to provide the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of App Academy’s suppliers.
EXCLUSIONS. Notwithstanding anything in this Agreement to the contrary, App Academy will have no responsibility or liability of any kind under this Agreement or otherwise, arising or resulting from: (i) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by App Academy; (ii) nonconformities resulting from your, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of all or any part of Services, or other services provided hereunder by App Academy; (iii) modification, amendment, revision, or change to the Services, or any part thereof, by any person other than App Academy; or (iv) any other factor outside of App Academy’s reasonable control.
ELECTRONIC COMMUNICATIONS. By using the Services, you consent to receiving electronic communications from App Academy, including, without limitation, notices posted on the Site, via email, and/or through the user interface of the Platform. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of the Services. These electronic communications are part of your relationship with App Academy and you receive them as part of your use of the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
AVAILABILITY OF THE SERVICES. Information describing the Services is accessible worldwide but this does not mean the Services, or certain portions thereof, are available in your country. App Academy may restrict access to the Services, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the Services is legal in your country of residence. The Services may not be available or accessible in all languages.
EXPORT CONTROL. You may not use or otherwise export or re-export the Platform except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. In particular, but without limitation, the Platform may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law. This Agreement will be governed by the laws of the State of California, United States of America without giving effect to any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from this Agreement, including, without limitation, application to the Platform or any software and services provided hereunder. Furthermore, this Agreement (including without limitation, the Platform and any software and services provided hereunder) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
Disputes. Except as otherwise set forth in this Agreement, you agree that any dispute between you and App Academy arising out of or relating to this Agreement the Services (or any part thereof) (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
Informal Resolution. Before resorting to formal dispute resolution in accordance with this Section, you agree to first contact us directly at support@appacademy.io to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or App Academy may institute arbitration in accordance with the procedures set forth in this Section.
Dispute Resolution. Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 19.3 above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in San Francisco, California unless otherwise mutually agreed to by the parties. The arbitration shall be conducted under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
Opting-Out of Arbitration. YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING APP ACADEMY WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THIS AGREEMENT. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR USER ACCOUNT OR; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
Exception to Arbitration. Notwithstanding anything in this Agreement to the contrary to the extent you have in any manner violated or threatened to violate any of App Academy’s intellectual property rights, App Academy may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.
No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH APP ACADEMY ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THIS AGREEMENT.
Venue. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and App Academy agree that any judicial proceeding will be brought in the federal or state courts of San Francisco, California. Both you and App Academy consent to venue and personal jurisdiction there.
Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.

GENERAL. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver of any provision of this Agreement must be in writing and executed by both parties. The failure of either party to exercise any right provided for by this Agreement shall not be deemed a waiver of that right. Except as otherwise specified in this Agreement, this Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement and that is signed on behalf of both parties. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from this Agreement and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in this Agreement. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in this Agreement and its performance shall be construed as creating a joint venture or agency between App Academy and you. This Agreement is not intended to grant rights to anyone except you and App Academy, and in no event shall this Agreement create any third party beneficiary rights. App Academy may delegate the performance of any services hereunder to its affiliates and contractors. This Agreement, the Privacy Policy, Community Standards, Honor Code and Code of Conduct, and any Additional Terms and any other policies or terms and conditions referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described. Any notice to you may be provided by email. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” You agree that this Agreement will not be construed against App Academy by virtue of having drafted them. The official text of this Agreement (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that this Agreement be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of this Agreement, reference will be made only to this Agreement as written in English and not to any translation into another language. Any delay in performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, or any other event beyond the reasonable control of such party.
QUESTIONS AND ADDITIONAL INFORMATION. Please feel free to contact us at support@appacademy.io if you have any questions about this Agreement.