TERMS OF SERVICE

UniVirtual Academy隐私声明
什么是UniVirtual Academy？

最后更新时间：2024 年 2 月

UniVirtual Academy LLC（以下简称“UniVirtual Academy”、“我们”）是一家面向中学生和高中生的课后在线学院，利用虚拟现实教育平台（以下简称为“服务”）。本隐私声明描述了UniVirtual Academy的隐私实践涉及我们收集的信息、我们如何使用信息、与谁共享信息，以及您对此的选择。

服务适用于购买UniVirtual Academy课程的学生和家庭。通过您使用我们的服务，我们收集个人信息，这些信息可以单独识别您的身份。

UniVirtual Academy收集了哪些信息？
通过您使用我们的服务，我们收集个人信息，这些信息可以单独识别您的身份。我们在提供服务时收集个人信息：

从学生和家庭收集的信息：
UniVirtual Academy收集学生的个人信息。我们收集和处理这些信息，以便使用和利用我们的学习环境。

学生信息
UniVirtual Academy接收学生的个人信息。这些个人信息包括姓名、地址、电子邮件、电话号码、用户名和密码。我们使用这些个人信息来提供服务，以及在我们如何共享您的信息中描述的其他有限情况下。UniVirtual Academy不需要学生参与服务所需的更多信息。

作为一名独立教师，你也有能力尝试UniVirtual Academy访问我们的服务。在这样做的过程中，当您：
（1） 创建UniVirtual Academy账户
在UniVirtual Academy上创建帐户，UniVirtual Academy将收集姓名、电子邮件地址、用户名、密码和付款信息。UniVirtual Academy使用这些个人信息来提供服务、处理付款、推广、营销和增强服务，以及就服务进行沟通。
（2）联系我们
如果您联系 UniVirtual Academy 或向我们发送任何反馈、意见或问题，您将向我们提供您的姓名和电子邮件地址。 UniVirtual Academy 使用这些个人信息来回答您的问题或询问、在必要时进行故障排除以及解决您在使用服务时遇到的任何问题。
(3) 订阅 UniVirtual Academy 提醒和更新
当您选择接收 UniVirtual Academy 提醒和更新时，我们将收集您的电子邮件地址。 UniVirtualAcademy 使用此个人信息向您发送请求的提醒和更新。 UniVirtual Academy 还可能使用这些个人信息向您发送我们认为您可能感兴趣的营销信息。

UniVirtual Academy 还可能使用为上述目的收集的个人信息来防止伤害、有效维护我们的业务并遵守我们如何共享您的信息中所述的适用法律。
自动收集的信息
除了直接向我们提供的个人信息外，我们还可能在您使用服务时通过 Cookie 和其他技术自动收集信息。 这些信息包括：
(1) 使用信息
这包括与您访问服务的时间、访问的页面、访问频率、在每个页面上花费的时间以及引用服务详细信息相关的信息。
(2) 位置信息
这包括有关您所在位置的信息，可以通过您的 IP 地址确定。
(3) 设备信息。
这包括有关您正在使用的设备的信息，例如硬件型号、操作系统、浏览器和您的偏好。
为了收集这些信息，服务使用以下 Cookie和跟踪技术：
(4) 基本 Cookie。
使用服务需要这些 Cookie。 这些 Cookie可以对用户进行身份验证，防止服务的欺诈性使用，并保护数据免受未经授权的各方的侵害。 基本 cookie 还允许服务及其所有功能正常运行。
(5) 功能性 Cookie。
功能性 cookie 使我们能够为您提供增强的功能和个性化服务。 我们使用功能性 cookie 来记住您的登录信息、记住您的偏好、诊断服务器和软件错误，并在发生滥用情况时跟踪和减轻滥用行为。
(6) 分析 Cookie。
我们使用 Google Analytics 收集有关您使用服务的信息，以改进我们的服务。 为了收集此信息，Google Analytics 可能会在您的设备上设置 cookie，或读取已存在的 cookie。 Google Analytics 还可能从您与 Google 合作下载的应用程序中接收有关您的信息。 我们不会将通过使用 Google Analytics 收集的信息与个人身份信息结合起来。 Google 使用和共享 Google Analytics 收集的有关您访问我们的服务或与 Google 合作的其他应用程序的信息的能力受到 Google Analytics 使用条款和 Google 隐私政策（此处提供）的限制。 为了防止您的数据被 Google Analytics 使用，您可以下载适用于 Google Analytics 的 Google Analytics 选择退出浏览器插件，该插件可在此处找到
UniVirtual Academy 还可能使用为上述目的收集的个人信息来防止伤害、有效维护我们的业务并遵守我们如何共享您的信息中所述的适用法律。
我们如何分享您的信息
UniVirtual Academy 可能出于以下目的共享您的个人信息：
(1) 服务提供商
我们可能会与我们的服务提供商共享个人信息，以代表我们履行职能并帮助我们管理服务。 这些服务提供商包括：
亚马逊云服务
Teachngo 学生/教师门户
SendGrid 电子邮件服务

(2) 在UniVirtual Academy 内
如有必要，我们可能会在法律允许的范围内酌情在 UniVirtual Academy 内共享个人信息，以提供我们的服务、有效维护我们的业务。
(3) 企业改组时
如果我们进行或打算进行改变我们业务结构的交易，例如重组、合并、收购、出售、合资、转让、合并、转移、控制权变更或其他 处置我们全部或任何部分的业务、资产或股票时，我们将与第三方（包括买方或目标公司（及其代理人和顾问））共享个人信息，以促进和完成交易。如果我们在破产或清算过程中发生破产或清算，我们也会与第三方共享个人信息。
(4) 防止伤害
如果我们认为有必要检测、调查、预防或采取行动打击非法活动、欺诈或对任何人的权利、财产或人身安全构成潜在威胁的情况，我们可能会共享个人信息。
(5) 出于法律目的
我们将在法律要求的情况下共享个人信息，例如响应法院命令、执法或法律程序，包括出于国家安全目的； 根据执行我们的服务条款或其他合同的要求，建立、保护或行使我们的合法权利； 针对法律索赔或要求进行辩护； 或遵守任何适用法律的要求。
信息选择
学生和教师信息
教育机构可以通过联系 info@UniVirtual.Academy 来查看或更改向 UniVirtual.Academy 提供的服务信息。此外，教师可以直接访问和更改个人信息。

从他们的个人资料页面中获取信息，他们还可以删除他们的帐户。 此外，家长和法定监护人有权审查、有权指示我们删除，并有权禁止进一步使用或收集学生的个人信息。 家长和法定监护人可以同意收集和使用学生的个人信息，但不同意向第三方（我们聘请的协助我们提供服务的服务提供商除外）披露个人信息。 我们将采取合理措施来验证寻求行使这些权利的父母或法定监护人的身份。
独立教师信息。
作为独立教师，您可以通过登录您的帐户来修改或查看我们掌握的您的某些个人信息。
谷歌分析。
您可以使用此处所述的方法之一来控制向 Google 提供的信息。 您还可以下载 Google Analytics 选择退出浏览器插件，可在此处找到。
营销电子邮件。
您可以通过单击每封电子邮件中提供的“取消订阅”链接来选择不接收我们发送的营销电子邮件。 请注意，我们将继续向您发送有关服务、您的购买以及您请求的任何帮助所需的通知。
Cookie
所有会话 cookie 在您关闭浏览器后都会过期。 可以按照浏览器的指示删除持久性 cookie。 要了解如何查看您的设备上设置了哪些 cookie，以及如何拒绝和删除 cookie，请单击此处。 请注意，每个浏览器都不同。 有关从特定浏览器查看或删除 Cookie 的信息，请单击相应的浏览器：Firefox、Firefox IOS、Firefox Android、Safari、Safari Mobile、Chrome、Internet Explorer、Microsoft Edge、Opera。 要查找与其他浏览器相关的信息，请访问浏览器开发人员的服务。 如果您重置浏览器以拒绝所有 cookie 或在发送 cookie 时进行指示，我们服务的某些功能可能无法正常运行。 如果您选择退出，我们将在您的计算机上放置一个“选择退出 cookie”。“选择退出 cookie”是特定于浏览器和设备的，并且仅持续到从您的浏览器或设备中清除 cookie 为止。 选择退出 cookie 不适用于严格必要的 cookie。 如果 cookie 被删除或删除、您升级浏览器或从其他计算机访问我们，您将需要返回并更新您的偏好设置。
请勿追踪披露
我们不支持禁止追踪（“DNT”）。 “不跟踪”是您可以在网络浏览器中设置的一项首选项，以通知服务您不希望被跟踪。 您可以通过访问浏览器的“首选项”或“设置”页面来启用或禁用“请勿跟踪”。 欲了解更多详情，请点击此处。
UniVirtual.Academy 绝不会使用任何学生个人信息向学生或其家长做广告或营销。 除双方同意的目的外，我们不会出于任何目的挖掘学生个人信息。 禁止出于向学生或其家长做广告或营销的目的而对用户内容进行数据挖掘或扫描。
信息安全
我们实施并维护合理的安全措施，以保护我们收集的个人信息的机密性、安全性和完整性。 然而，没有任何安全措施或通过互联网传输数据的方式是 100% 安全的，我们无法保证我们从您那里收集的个人信息的绝对安全。
本隐私声明的变更
我们可能会不时更改本隐私声明。 我们会将更改发布到此页面，并注明更改生效的日期。 我们鼓励您查看我们的隐私声明以随时了解情况。 如果我们做出的更改对您的隐私权产生重大影响，我们将通过电子邮件通知您
如有疑问，如何联系 UniVirtual.Academy？
如果您对本隐私政策有疑问或意见，请通过电子邮件联系我们：info@UniVirtual.Academy。


UniVirtual.Academy Terms of Service

Last Updated: February 2024

Welcome to UniVirtual.Academy Before using UniVirtual.Academy's (together with any parent or subsidiary, ("UniVirtual.Academy", "us", "our", and "we") website, software, products, mobile application(s), and services (together, the "Services", "our Services", or "UniVirtual.Academy's Services"), it is important that you carefully read the following agreement. The website located at www.UniVirtual.Academy (the "Site") is a copyrighted work belonging to EcoSystemOne LLC. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted as appropriate in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service.

THESE TERMS OF SERVICE (THE "TERMS") ALONG WITH UniVirtual.Academy'S PRIVACY POLICY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF UniVirtual.Academy'S SERVICES. BY USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 13 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Parent - Student Participation

Parental consent
If your Student is under the age of 13, the Parent gives his/her parental consent for Student’s participation in the Classes.

Equipment
To enable your Student to participate in the Classes, the Student needs to have access the Equipment (Oculus Quest 2 headset) for the duration of the course. If the parent does not own the Equipment, the Parent may choose to rent the Equipment from the Company (Rented Equipment). The Company assures that the Equipment will be in good and working condition upon its delivery to the Parent.

The Parent assures that (s)he and the Student will use the Rented Equipment in a good and careful manner and will comply with all manufacturer’s requirements and recommendations respecting the Equipment.

Should the Parent or Student damage or lose Rented Equipment, (s)he will repair it at her own expense or will reimburse the Company for the Equipment Value ($320 including taxes) within 10 days from the discovery of the equipment damage.

The Rented Equipment is and will remain the property of the Company unless bought out by the Parent from the Company. Upon completion of the Classes, the Parent will return the Rented Equipment to the Company in the original packaging and in a working condition to the Return Address (241 West 97th St, unit 14M, New York, NY 10025). The Company will provide the Parent with a prepaid shipping label.

Use of Equipment at own risk
The Parent agrees that the Student will use Equipment at his or her own risk. The Company bears no responsibility if the Student falls down or gets dizzy or otherwise feels unwell as a result of using the Equipment.

Commitment to participate in the interview
Both Parent and Student agree to participate in one 30min interview during the class.

Consent to photo and video content production and dissemination
The Company has a right to record videos and shoot photos of the Classes or interviews and has a right to distribute those videos on its website and its social media.


Teacher Participation

Accounts / Plans

1.1. Account Creation.

In order to use certain features of UniVirtual.Academy's Services, you must register a Teacher Account (as defined in Section 1.3(a)) or a Student Account (as defined in Section 1.3(b) and together with a Teacher Account, an "Account"), as applicable, and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in our Privacy Policy. UniVirtual.Academy may suspend or terminate your Account in accordance with SECTION 8.

1.2. Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify UniVirtual.Academy of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. If you are creating an Account as a school official and/or teacher, you agree that you are responsible for obtaining any necessary parental and/or student consent for the use of the Services. Providing access to the services without such consent is a violation of these Terms. UniVirtual.Academy cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3. Types of Accounts.

(a) Teacher Account. Only teachers or school administrators (collectively, "Teachers") can create an account designated as a "Teacher Account" on the Site (a "Teacher Account"). You may only create a Teacher Account if you are 18 years old or older. Teachers create a Teacher Account by selecting "Teacher" on the registration page and following the registration process.

(b) Student Account. Only a student ("Students") may create an account designated as a "Student Account" on the Site (a "Student Account") subject to the age requirements set forth in Section 2.7. Students create a Student Account by selecting "Student" on the registration page and following the registration process.

1.4. UniVirtual.Academy Plans.

Students may use the UniVirtual.Academy Services free of charge in accordance with the UniVirtual.Academy Basic Plan. Teachers may select among the following three plans: the UniVirtual.Academy Basic Plan, the UniVirtual.Academy Professional Learning Plan or the UniVirtual.Academy School Plan.

(a) UniVirtual.Academy Professional Learning Plan. The UniVirtual.Academy Professional Learning Plan can only be purchased by a Teacher or made available to a Teacher through his or her educational institution ("Institution") through the UniVirtual.Academy School Plan. The UniVirtual.Academy Professional Learning Plan is paid annually and automatically renewed unless sooner terminated.

(b) UniVirtual.Academy School Plan. The UniVirtual.Academy School Plan shall include the number of Teacher Accounts and Student Accounts as ordered by the Institution in the applicable purchase order. Any Students or Teachers accessing the UniVirtual.Academy Services via the UniVirtual.Academy School Plan shall receive access to a specific set of features. The UniVirtual.Academy School Plan may only be purchased by an Institution or a district representative of such Institution and will be governed by a separate agreement between UniVirtual.Academy and such Institution. The UniVirtual.Academy School Plan provides users access to certain additional features such as a "School Dashboard".

(c) UniVirtual.Academy Basic Plan. The UniVirtual.Academy Basic Plan is available for Students and Teachers. The UniVirtual.Academy Basic Plan does not require any payment and allows one Student or one Teacher to access the UniVirtual.Academy Services via the UniVirtual.Academy Basic Plan.

(d) UniVirtual.Academy Guests. From time to time UniVirtual.Academy may, at its own sole discretion, offer guest accounts ("Guest Account") for use of the UniVirtual.Academy Services for a specified period without payment. UniVirtual.Academy reserves the right to revoke any Guest Account and otherwise place a user's Guest Account on hold.

ACCESS TO THE SITE

2.1. License.

Subject to these Terms, UniVirtual.Academy grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.

2.2. Certain Restrictions.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on any Service) must be retained on all copies thereof.

2.3. Modification.

We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that UniVirtual.Academy will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

2.4. No Support or Maintenance.

You acknowledge and agree that UniVirtual.Academy will have no obligation to provide you with any support or maintenance in connection with the Services.

2.5. Ownership.

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content are owned by UniVirtual.Academy or our suppliers. Neither these Terms (nor your use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. UniVirtual.Academy and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6. Compliance with Law.

You are responsible for using the Services in compliance with all applicable federal and state laws and regulations. You shall not use the Services in violation of any applicable law.

2.7. Use by Children Under 13.

The Children's Online Privacy Protection Act ("COPPA") requires that all online service providers, including UniVirtual.Academy, obtain parental consent before knowingly collecting personally identifiable information from children under the age of 13. UniVirtual.Academy does not knowingly collect or solicit any personally identifiable information from children under the age of 13 except as set forth in this Section 2.7. Children under the age of 13 are prohibited from using the Services or creating an Account unless they are doing so with parental consent or with the consent of a teacher, school, or district who is providing such consent in compliance with COPPA. If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information in a reasonably prudent amount of time. If you believe that a child under the age of 13 has provided personally identifiable information to us, please contact us at info@UniVirtual.Academy.com.

USER CONTENT

3.1. User Content.

"User Content" means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by UniVirtual.Academy. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2. License.

You hereby grant (and you represent and warrant that you have the right to grant) to UniVirtual.Academy an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3. Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":

(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to our Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) our Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3.4. Enforcement.

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

3.5. Feedback.

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to UniVirtual.Academy all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. UniVirtual.Academy will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to UniVirtual.Academy any information or ideas that you consider to be confidential or proprietary.

3.6. Your Data.

UniVirtual.Academy is subject to certain laws and regulations, some of which are described below. Please visit our Privacy Policy for more information on how we collect, use, and safeguard "Data."

(a) UniVirtual.Academy will materially comply with all applicable federal and state student privacy laws and regulations. We will provide access to Sensitive Information pertaining to K-12 students only to our employees and subcontractors who need to access the data.

(b) "Sensitive Information" means, collectively, (1) personally identifiable information as defined in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) ("FERPA"); (2) educational records, as defined in FERPA (34 C.F.R § 99.3); pupil records as defined in California Education Code section 49703.1; and covered information as defined in California Business & Professions Code section 22584 ("SOPIPA").

(c) Consent to Contact by UniVirtual.Academy. Through your use of the Services, UniVirtual.Academy may contact you (including via email and push notifications). Such contacts are intended, among other things, to enhance your experience using the Services and to offer you the opportunity to try other UniVirtual.Academy Services. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO SUCH CONTACTS BY UniVirtual.Academy.

(d) To permanently stop receiving emails from UniVirtual.Academy, click the "Unsubscribe" link at the bottom of an email sent by UniVirtual.Academy and follow the applicable instructions.

INDEMNIFICATION

You agree to indemnify and hold UniVirtual.Academy (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. UniVirtual.Academy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of UniVirtual.Academy. UniVirtual.Academy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

THIRD-PARTY LINKS; OTHER USERS

5.1. Third-Party Links.

The Services may contain links to third-party websites and services (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of UniVirtual.Academy, and we are not responsible for any Third-Party Links. UniVirtual.Academy provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

5.2. Other Users.

Each Service user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that UniVirtual.Academy will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

5.3. Release.

You hereby release and forever discharge UniVirtual.Academy (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

DISCLAIMERS

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND UniVirtual.Academy (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UniVirtual.Academy (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF UniVirtual.Academy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

8.1. Termination; Effect of Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. UniVirtual.Academy will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

8.2. Deletion of Sensitive Information.

Upon termination of your Account, you may request that UniVirtual.Academy delete any Sensitive Information from its live databases and UniVirtual.Academy agrees to take commercially reasonable steps to honor such request in a reasonable amount of time not to exceed ninety (90) days. You understand and agree that UniVirtual.Academy may continue to have Sensitive Information in archive files or similar databases. You further agree that UniVirtual.Academy has no obligation to delete aggregated or de-identified information. UniVirtual.Academy may retain and use aggregated and de-identified information for any purpose that is consistent with applicable federal and state laws and regulations.

COPYRIGHTS AND THE DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respect the intellectual property rights of others. If you are alleging that material available through the Site infringes upon your copyright, we ask that you please submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") to the address provided below. In order to be effective, the notice must include the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit UniVirtual.Academy to locate the material; (4) information reasonably sufficient to permit UniVirtual.Academy to contact you (e.g., an address, telephone number and an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In the event that materials are removed from the Site by UniVirtual.Academy (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, please submit a written counter-notification pursuant to the DMCA. In order to be effective, the counter-notification must include the following: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (4) your name, address, telephone number, and, if available, an email address; and (5) a statement that you consent to the jurisdiction of the United States District Court for the Central District of California, and that you will accept service of process from the person who provided notification of the alleged infringement.

All written notices should be sent to the following: UniVirtual.Academy, Inc., Attention: Administrator, 241 West 97th St, #14M, New York, NY 10025; Email: info@UniVirtual.Academy.com.

GENERAL

10.1. Changes.

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2. Dispute Resolution;

Choice of Law; Waiver of Jury. Please read this Arbitration Agreement carefully. It is part of your contract with UniVirtual.Academy and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Arbitration.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by UniVirtual.Academy that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and UniVirtual.Academy, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to UniVirtual.Academy should be sent to: UniVirtual.Academy, Inc., 241 West 97th St, #14M, New York, NY 10025. After the Notice is received, you and UniVirtual.Academy may attempt to resolve the claim or dispute informally. If you and UniVirtual.Academy do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Time Limits. If you or UniVirtual.Academy pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS rules for the pertinent claim.

(e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and UniVirtual.Academy, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the James Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and UniVirtual.Academy.

(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and UniVirtual.Academy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND UniVirtual.Academy WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(h) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(i) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(j) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with UniVirtual.Academy.

(l) Small Claims Court. Notwithstanding the foregoing, either you or UniVirtual.Academy may bring an individual action in small claims court.

(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for such purpose. All matters relating to the foregoing shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

10.3. Export.

The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from UniVirtual.Academy, or any products utilizing such data, in violation of the United States export laws or regulations.

10.4. Disclosures.

UniVirtual.Academy is located at the address in Section 10.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.5. Electronic Communications.

The communications between you and UniVirtual.Academy use electronic means, whether you use the Site or send us emails, or whether UniVirtual.Academy posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.6. Entire Terms.

These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". Your relationship to UniVirtual.Academy is that of an independent contractor, and neither party is an agent or partner of the other.

10.7. Severability.

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

10.8. Assignment.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without UniVirtual.Academy's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. UniVirtual.Academy may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.9. Copyright/Trademark Information.

Copyright © 2020 UniVirtual.Academy, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10.10. Contact Information:

Alex Stolyarik

Email: alex@univirtual.academy

UniVirtual.Academy Terms of Service

Last Updated: May 2020

Welcome to UniVirtual.Academy! Before using UniVirtual.Academy's (together with any parent or subsidiary, ("UniVirtual.Academy", "us", "our", and "we") website, software, products, mobile application(s), and services (together, the "Services", "our Services", or "UniVirtual.Academy's Services"), it is important that you carefully read the following agreement. The website located at www.UniVirtual.Academy.com (the "Site") is a copyrighted work belonging to UniVirtual.Academy. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted as appropriate in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service.



THESE TERMS OF SERVICE (THE "TERMS") ALONG WITH UniVirtual.Academy'S PRIVACY POLICY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF UniVirtual.Academy'S SERVICES. BY USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 13 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Accounts / Plans

1.1. Account Creation.

In order to use certain features of UniVirtual.Academy's Services, you must register a Teacher Account (as defined in Section 1.3(a)) or a Student Account (as defined in Section 1.3(b) and together with a Teacher Account, an "Account"), as applicable, and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in our Privacy Policy. UniVirtual.Academy may suspend or terminate your Account in accordance with SECTION 8.

1.2. Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify UniVirtual.Academy of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. If you are creating an Account as a school official and/or teacher, you agree that you are responsible for obtaining any necessary parental and/or student consent for the use of the Services. Providing access to the services without such consent is a violation of these Terms. UniVirtual.Academy cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3. Types of Accounts.

(a) Teacher Account. Only teachers or school administrators (collectively, "Teachers") can create an account designated as a "Teacher Account" on the Site (a "Teacher Account"). You may only create a Teacher Account if you are 18 years old or older. Teachers create a Teacher Account by selecting "Teacher" on the registration page and following the registration process.

(b) Student Account. Only a student ("Students") may create an account designated as a "Student Account" on the Site (a "Student Account") subject to the age requirements set forth in Section 2.7. Students create a Student Account by selecting "Student" on the registration page and following the registration process.

1.4. UniVirtual.Academy Plans.

Students may use the UniVirtual.Academy Services free of charge in accordance with the UniVirtual.Academy Basic Plan. Teachers may select among the following three plans: the UniVirtual.Academy Basic Plan, the UniVirtual.Academy Professional Learning Plan or the UniVirtual.Academy School Plan.

(a) UniVirtual.Academy Professional Learning Plan. The UniVirtual.Academy Professional Learning Plan can only be purchased by a Teacher or made available to a Teacher through his or her educational institution ("Institution") through the UniVirtual.Academy School Plan. The UniVirtual.Academy Professional Learning Plan is paid annually and automatically renewed unless sooner terminated.

(b) UniVirtual.Academy School Plan. The UniVirtual.Academy School Plan shall include the number of Teacher Accounts and Student Accounts as ordered by the Institution in the applicable purchase order. Any Students or Teachers accessing the UniVirtual.Academy Services via the UniVirtual.Academy School Plan shall receive access to a specific set of features. The UniVirtual.Academy School Plan may only be purchased by an Institution or a district representative of such Institution and will be governed by a separate agreement between UniVirtual.Academy and such Institution. The UniVirtual.Academy School Plan provides users access to certain additional features such as a "School Dashboard".

(c) UniVirtual.Academy Basic Plan. The UniVirtual.Academy Basic Plan is available for Students and Teachers. The UniVirtual.Academy Basic Plan does not require any payment and allows one Student or one Teacher to access the UniVirtual.Academy Services via the UniVirtual.Academy Basic Plan.

(d) UniVirtual.Academy Guests. From time to time UniVirtual.Academy may, at its own sole discretion, offer guest accounts ("Guest Account") for use of the UniVirtual.Academy Services for a specified period without payment. UniVirtual.Academy reserves the right to revoke any Guest Account and otherwise place a user's Guest Account on hold.

ACCESS TO THE SITE

2.1. License.

Subject to these Terms, UniVirtual.Academy grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.

2.2. Certain Restrictions.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on any Service) must be retained on all copies thereof.

2.3. Modification.

We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that UniVirtual.Academy will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

2.4. No Support or Maintenance.

You acknowledge and agree that UniVirtual.Academy will have no obligation to provide you with any support or maintenance in connection with the Services.

2.5. Ownership.

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content are owned by UniVirtual.Academy or our suppliers. Neither these Terms (nor your use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. UniVirtual.Academy and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6. Compliance with Law.

You are responsible for using the Services in compliance with all applicable federal and state laws and regulations. You shall not use the Services in violation of any applicable law.

2.7. Use by Children Under 13.

The Children's Online Privacy Protection Act ("COPPA") requires that all online service providers, including UniVirtual.Academy, obtain parental consent before knowingly collecting personally identifiable information from children under the age of 13. UniVirtual.Academy does not knowingly collect or solicit any personally identifiable information from children under the age of 13 except as set forth in this Section 2.7. Children under the age of 13 are prohibited from using the Services or creating an Account unless they are doing so with parental consent or with the consent of a teacher, school, or district who is providing such consent in compliance with COPPA. If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information in a reasonably prudent amount of time. If you believe that a child under the age of 13 has provided personally identifiable information to us, please contact us at info@UniVirtual.Academy.com.

USER CONTENT

3.1. User Content.

"User Content" means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by UniVirtual.Academy. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2. License.

You hereby grant (and you represent and warrant that you have the right to grant) to UniVirtual.Academy an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3. Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":

(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to our Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) our Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3.4. Enforcement.

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

3.5. Feedback.

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to UniVirtual.Academy all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. UniVirtual.Academy will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to UniVirtual.Academy any information or ideas that you consider to be confidential or proprietary.

3.6. Your Data.

UniVirtual.Academy is subject to certain laws and regulations, some of which are described below. Please visit our Privacy Policy for more information on how we collect, use, and safeguard "Data."

(a) UniVirtual.Academy will materially comply with all applicable federal and state student privacy laws and regulations. We will provide access to Sensitive Information pertaining to K-12 students only to our employees and subcontractors who need to access the data.

(b) "Sensitive Information" means, collectively, (1) personally identifiable information as defined in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) ("FERPA"); (2) educational records, as defined in FERPA (34 C.F.R § 99.3); pupil records as defined in California Education Code section 49703.1; and covered information as defined in California Business & Professions Code section 22584 ("SOPIPA").

(c) Consent to Contact by UniVirtual.Academy. Through your use of the Services, UniVirtual.Academy may contact you (including via email, phone, or push notifications). Such contacts are intended, among other things, to enhance your experience using the Services and to offer you the opportunity to try other UniVirtual.Academy Services. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO SUCH CONTACTS BY UniVirtual.Academy.

(d) To permanently stop receiving emails from UniVirtual.Academy, click the "Unsubscribe" link at the bottom of an email sent by UniVirtual.Academy and follow the applicable instructions.

INDEMNIFICATION

You agree to indemnify and hold UniVirtual.Academy (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. UniVirtual.Academy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of UniVirtual.Academy. UniVirtual.Academy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

THIRD-PARTY LINKS; OTHER USERS

5.1. Third-Party Links.

The Services may contain links to third-party websites and services (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of UniVirtual.Academy, and we are not responsible for any Third-Party Links. UniVirtual.Academy provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

5.2. Other Users.

Each Service user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that UniVirtual.Academy will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

5.3. Release.

You hereby release and forever discharge UniVirtual.Academy (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

DISCLAIMERS

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND UniVirtual.Academy (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UniVirtual.Academy (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF UniVirtual.Academy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

8.1. Termination; Effect of Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. UniVirtual.Academy will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

8.2. Deletion of Sensitive Information.

Upon termination of your Account, you may request that UniVirtual.Academy delete any Sensitive Information from its live databases and UniVirtual.Academy agrees to take commercially reasonable steps to honor such request in a reasonable amount of time not to exceed ninety (90) days. You understand and agree that UniVirtual.Academy may continue to have Sensitive Information in archive files or similar databases. You further agree that UniVirtual.Academy has no obligation to delete aggregated or de-identified information. UniVirtual.Academy may retain and use aggregated and de-identified information for any purpose that is consistent with applicable federal and state laws and regulations.

COPYRIGHTS AND THE DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respect the intellectual property rights of others. If you are alleging that material available through the Site infringes upon your copyright, we ask that you please submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") to the address provided below. In order to be effective, the notice must include the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit UniVirtual.Academy to locate the material; (4) information reasonably sufficient to permit UniVirtual.Academy to contact you (e.g., an address, telephone number and an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In the event that materials are removed from the Site by UniVirtual.Academy (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, please submit a written counter-notification pursuant to the DMCA. In order to be effective, the counter-notification must include the following: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (4) your name, address, telephone number, and, if available, an email address; and (5) a statement that you consent to the jurisdiction of the United States District Court for the Central District of California, and that you will accept service of process from the person who provided notification of the alleged infringement.

All written notices should be sent to the following email: info@UniVirtual.Academy.

GENERAL

10.1. Changes.

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2. Dispute Resolution;

Choice of Law; Waiver of Jury. Please read this Arbitration Agreement carefully. It is part of your contract with UniVirtual.Academy and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Arbitration.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by UniVirtual.Academy that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and UniVirtual.Academy, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to UniVirtual.Academy should be sent to: UniVirtual.Academy, Inc., 241 West 97th St, New York, NY 10025. After the Notice is received, you and UniVirtual.Academy may attempt to resolve the claim or dispute informally. If you and UniVirtual.Academy do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Time Limits. If you or UniVirtual.Academy pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS rules for the pertinent claim.

(e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and UniVirtual.Academy, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the James Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and UniVirtual.Academy.

(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and UniVirtual.Academy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND UniVirtual.Academy WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(h) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(i) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(j) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with UniVirtual.Academy.

(l) Small Claims Court. Notwithstanding the foregoing, either you or UniVirtual.Academy may bring an individual action in small claims court.

(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for such purpose. All matters relating to the foregoing shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

10.3. Export.

The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from UniVirtual.Academy, or any products utilizing such data, in violation of the United States export laws or regulations.

10.4. Disclosures.

UniVirtual.Academy is located at the address in Section 10.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.5. Electronic Communications.

The communications between you and UniVirtual.Academy use electronic means, whether you use the Site or send us emails, or whether UniVirtual.Academy posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.6. Entire Terms.

These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". Your relationship to UniVirtual.Academy is that of an independent contractor, and neither party is an agent or partner of the other.

10.7. Severability.

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

10.8. Assignment.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without UniVirtual.Academy's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. UniVirtual.Academy may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.9. Copyright/Trademark Information.

Copyright © 2020 UniVirtual.Academy, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10.10. Contact Information:

UniVirtual.Academy, Inc.

Email: admin@UniVirtual.Academy