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Terms of Use

Last updated May 25, 2018


INTRODUCTION AND ACCEPTANCE OF TERMS

CloudxLab, Inc. (collectively, "we," "us" or "CloudxLab") provides you access to the CloudxLab Services (defined below) subject to the terms and conditions described in this document (this "Terms of Use") and any other guidelines, rules or licenses posted in connection with any Courses or CloudxLab services. This Terms of Use also includes our Privacy Policy, incorporated by this reference.

By using this Service, clicking "I Agree", registering a User Account (defined below), purchasing a service or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use the Services. If you are under the age of 18, but at least 13 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use. The Services are not intended for, nor directed at, individuals under the age of 13 (or under the applicable age of consent in your jurisdiction); if you are under 13 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.

By participating in any of our Online Courses, lab or otherwise interacting with our Services, including, without limitation, through any communities, chat rooms, or other method or media used for the purpose of providing you the Service(s), you are also bound by CloudxLab’s Honor Code and Code of Community Conduct, which for purposes of this Terms of Use constitute CloudxLab policies hereby incorporated by this reference

SERVICES

CloudxLab provides many services (each a "Service" and together the "Services") through its website(s) located at www.cloudxlab.com, as well as any other websites and applications owned, operated, or controlled by us (each a "Website" and collectively the "Websites"), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any CloudxLab online educational programs (collectively the "Online Courses") and related services, such as careers services, or any part thereof For clarity, CloudxLab offers certain Online Courses that are curated, specially designed, and produced which are referred to as "Specialization" programs or courses. A verified certificate of accomplishment upon conclusion of the applicable Online Course ("Verified Certificate"), shall be awarded, in the sole discretion of CloudxLab and the instructors for the Online Courses, to Students (defined below) who have completed the course to the satisfaction of CloudxLab including without limitation being in compliance with all CloudxLab policies.

CloudxLab may also offer Online and Offline Courses in partnership with accredited universities and other educational institutions, industry professionals, corporate sponsors and non-profit foundations and institutions (each an "Educational Partner").

CloudxLab reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that CloudxLab shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this Terms of Use shall be construed to obligate CloudxLab to maintain and support the Services or any part or portion thereof, during the term of this Terms of Use.

CloudxLab and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that CloudxLab and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as CloudxLab and the instructors deem appropriate.

ACCESS AND USER ACCOUNTS

Access: There are different ways in which you may access or use the Services. In each and every instance, you are only authorized to use the Services if you agree to abide by all applicable laws, rules, regulations, as well as this Terms of Use. You may access the Services as:

+ a "Visitor," meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,

+a "Student," meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Online Courses and/or CloudxLab's services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.

+an "Attendee," meaning that you have created a User Account and that you intend to audit the Online Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.

+a "Mentor" or "instructor" meaning that you have a User Account and have entered into the Mentor/Instructor Services Agreement with CloudxLab to provide mentoring and project review services to Students.

The term "User" refers to a Visitor, Student, Attendee, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any CloudxLab community (e.g., moderators, volunteers, or experts-in-residence).

User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification ("User ID") and a unique user password ("User Password") (collectively, a "User Account"). You agree that you will never divulge or share access to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a course. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services.

MODIFICATION OF THIS TERMS OF USE

We reserve the right to change or modify this Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Terms of Use or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to this Terms of Use will be effective immediately upon posting by CloudxLab on its Websites or applications.

VISITOR COMMUNICATIONS

If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.

STUDENT AND ATTENDEE COMMUNICATIONS

Agreement to Receive Electronic Communications.

If you are a Student, Attendee, or Mentor, you expressly consent to electronically receive all communications, agreements, documents, notices and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

Agreement to Receive Autodialed, Pre-recorded Calls, Sales and Counselling calls and SMS Messaging.

By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection our Services, represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive autodialed or prerecorded calls, SMS, and/or text messages from us so that we may (i) notify you about activity connected with your User Account and any use thereof; (ii) provide you with Services associated with the Websites or Online Courses; (iii) troubleshoot problems with your User Account; (iv) resolve disputes; (v) collect debts; or (vi) as otherwise necessary to service your User Account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with you. With your consent, we may also use automated technology or a pre-recorded voice to contact you by phone or SMS with offers and promotions that may interest you. To opt out of receiving offers and promotions by phone or SMS, please send us an email at reachus@cloudxlab.com. We won’t share your phone number with third parties for any other purposes, other than to provide services to CloudxLab on our behalf as noted below, without your consent. We may share your phone numbers with our Affiliates or with our third-party service providers, such as provision of Services, customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under this Terms of Use, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

PRIVACY

In connection with your use of the Services we may collect, store, use, share, and/or process certain information about you and your interaction with our Services. For further explanation on how we treat information collected and received from you when you use the Services and/or participate in our Online Courses, please see our Privacy Policy.

ONLINE COURSES PROVIDED BY EDUCATIONAL PARTNERS

Account Access:

CloudxLab may make certain Online Courses available to Students and Attendees in partnership with, or on behalf of, its Educational Partners, your access to such Online Courses may be provided to you through your single User Account. You acknowledge and agree that any Online Course affiliated with an Educational Partner may be subject to terms, policies, and procedures of the applicable Educational Partner in addition to CloudxLab’s Terms of Use. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking an Online Course for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies, or procedures regarding your eligibility to participate in the Online Course, your continued participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or student records as they may relate to your participation and performance in the Online Course, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not CloudxLab

For Credit:

Any such credit or certification you receive for participation in Online Courses provided by an Educational party, may only be awarded directly by that Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive such credit or certification. In no event will CloudxLab have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course.

Not For Credit:

If you are not accessing, using, or taking an Online Course on the CloudxLab Websites provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of CloudxLab, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course ("Verified Certificate"), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner. You acknowledge and agree that instructors of any Educational Partner provided Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution and you will abide by the Student Conduct Policy listed below.

Educational Partner Online Course Payment:

Online Courses you purchase for academic credit or certification from an Educational Partner or for certification from the CloudxLab site are eligible for refund under terms specified in the section entitled "Payment Terms" below. If a refund is issued, you’ll no longer receive certification and associated services for the course, but can continue to access the free courseware when available.

USER CONDUCT POLICY

As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple User Accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use CloudxLab’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts ("Add-ons")); (g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (j) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):

+that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;

+that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information

+that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

+that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;

+that violates the rights of other Users of the Services; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

+that for the lab, you will adhere to fair usage policy and do not hamper the service in a way that other users are not able to access it

To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online Course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an "honor code," those terms shall apply to you as a student and/or employee of such institution.

CloudxLab’S INTELLECTUAL PROPERTY RIGHTS

The Services are owned and operated by CloudxLab and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of CloudxLab and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

CloudxLab logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses ("Marks"), are the property of CloudxLab and are protected under United States and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of CloudxLab.

From time to time, CloudxLab may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. CloudxLab and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

LICENSE TO USE THE SERVICES

Subject to your compliance with this Terms of Use, CloudxLab hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download the Educational Content (as defined below) so that you may exercise the rights granted to you under the section entitled "Creative Commons license" below. You must abide by all copyright notices or restrictions contained on the Websites, in any Online Course, or in the Content. You may not delete any attributions, legal or proprietary notices on the Websites, in the Online Courses s, or on the Content.

In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. CloudxLab has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.

LICENSE TO EDUCATIONAL CONTENT

As used herein, "Educational Content" means a sub-set of the Content containing the educational materials made available to you through the Online Courses, including such on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the "Licensed Material" under the terms of the CC License (as defined below).

CloudxLab hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the "CC License") provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.

Without limiting the generality of the terms of the CC License, the following are types of uses that CloudxLab expressly defines as falling outside of the definition of "non-commercial":

(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;

(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;

(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;

(d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any "pop-up advertisements";

(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and

(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.

USER CONTENT

CloudxLab may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, "User Content"). CloudxLab is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. CloudxLab does not claim ownership of any User Content you, or other User, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to CloudxLab below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.

With respect to any User Content you submit to CloudxLab (including for inclusion on the Websites or Online Courses) or that is otherwise made available to CloudxLab, you hereby grant CloudxLab an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to CloudxLab above shall be exclusive. CloudxLab reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit CloudxLab to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and CloudxLab, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States or the country in which you reside.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

FORUM, BLOG, COMMENTS AND CHATROOM SERVICES

You may be able to post messages to, and interact with other Users, CloudxLab staff, or CloudxLab service providers through, User forums, chat rooms, or blogs within the Services, in connection with your participation in any Online Courses and/or any services Your use of these Forums is subject to and governed by this Terms of Use. By using any of the communications methods, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by CloudxLab in any manner (unless expressly stated otherwise by CloudxLab) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by CloudxLab in any manner, though CloudxLab reserves the right to do so at any time at its sole discretion in accordance with this Terms of Use. You acknowledge and agree that any Services CloudxLab provides to you via such Forums may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered "Content" under this Terms of Use and is provided for educational purposes only.

SOCIAL SHARING AND CLOUDXLAB PROFILES

To the extent you utilize any features of our Service that allow for public and/or social sharing of Forum content, User Content, or Profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your such content to legitimate Users, and ask that potential employers keep your information confidential, we cannot guarantee that other third parties will not gain access to this database. Additionally, we cannot guarantee control of the use made of socially shared information by third parties who access information you’ve shared our Profiles database. Once socially shared information, including, but not limited to, your Profile, has been disclosed, we are not able to retrieve it from the third parties who accessed it or ensure the destruction of it by those third parties.

You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.

You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s). In addition, if your employer has sponsored or paid for your Online Course, your access to our career services offering may be disabled.

PAYMENT TERMS

By enrolling in an Online Course or purchasing any of our Services and providing CloudxLab with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by CloudxLab through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process ("Payment Method"). You agree to CloudxLab, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the CloudxLab Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. CloudxLab does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions (such as the Special ND Terms) may apply to certain promotional programs, pricing, or geographic locations.

Refunds: Each program page, course page and services page have their own refund policy and refunds rules will be governed by policies stated in the respective program page, course page and services page. Final decision to issue refund will be with the management. If you purchase any Online Course or Service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by CloudxLab. Except as otherwise explicitly stated by CloudxLab, the third-party marketplace will be solely responsible for making refunds under its refund policy, and CloudxLab will have no refund obligations. CloudxLab disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy

Taxes: When you purchase any Online Course or other Service or product from CloudxLab, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that CloudxLab determines it is required to collect ("Taxes"). Please note that CloudxLab will calculate the "estimated Taxes" at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize CloudxLab to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold CloudxLab harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.

Credit Card Billing: Credit card payments are processed by our third-party payment processor(s), including as Stripe and/or PayPal. By agreeing to this Terms of Use, you agree to be bound by Stripe’s Terms of Service or PayPal’s Terms of Service as applicable. Any breach of those terms will be treated as a breach of these Terms. If you have selected a subscription-based enrollment or implemented an installment plan, you will be automatically charge your credit card monthly for the cost of the Online Course and any applicable taxes. If you have selected a subscription-based enrollment or implemented an installment plan, you will be automatically charged to the Payment Method for the cost of the Online Course and any applicable taxes. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Online Course as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.

SERVICES AVAILABILITY AND LIMITATIONS

You acknowledge and agree that CloudxLab’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the applicable FAQ for additional information about limitations and hours of availability. You also understand that CloudxLab, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses, such as access to Mentors, evaluation services, career services, records of Online Course completion, or other CloudxLab Services. You also understand that CloudxLab may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CLOUDXLAB BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. CLOUDXLAB’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY CLOUDXLAB FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON AN ONLINE COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT CLOUDXLAB WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

LINKING TO THIRD-PARTY SITES AND CONTENT

The Websites and/or Online Courses may contain links to pages or content on third-party websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. CloudxLab does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. CLOUDXLAB WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

INDEMNITY

You agree to indemnify, defend and hold harmless CloudxLab, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of this Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.

TERMINATION OF RIGHTS

You agree that CloudxLab, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if CloudxLab believes that you have (a) breached this Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Services; or (d) violated or acted inconsistently with the letter or spirit of this Terms of Use or any applicable code of conduct, including, without limitation the Honor Code or Code of Community Conduct. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that CloudxLab shall not be liable to you nor any third-party for any termination of your User Account or access to the Online Courses or Services. You also acknowledge that CloudxLab may retain and store your information on CloudxLab’s systems notwithstanding any termination of your account or the Online Courses as set forth in our Privacy Policy

COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE

CloudxLab respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CloudxLab’s Copyright Agent with the following information:

+ a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

+ a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;

+ your address, telephone number, and email address;

+ a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and

+ a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and

+ an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.

CloudxLab’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Email: reachus@cloudxlab.com
Phone: +1 (412) 568-3901

TRADE REGULATIONS

Accessing the Services from territories where the Services, or any content or functionality of the Services, or portions thereof, including, but not limited to, functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access, purchase, or use the Services, in any manner, you: (i) acknowledge and agree that you do so at your own initiative and at your own risk; and (ii) represent and warrant that you are doing so in compliance with all applicable laws, regulations and orders, including, without limitation, the laws of the United States, and the member states of the European Union and the European Free Trade Association, pertaining to the export, re-export, transfer or resale of products or the provision of services.

MISCELLANEOUS PROVISIONS

This Terms of Use is governed by, construed, and enforced in accordance with the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within Delaware and without giving effect to any principles of conflict of laws. You agree that any lawsuit or other action brought by CloudxLab, you or any third party to enforce this Terms of Use, or in connection with any matters related to any of the Services or Online Courses, shall be subject only to the jurisdiction of the courts located in New Castle city in Delaware. CloudxLab may freely transfer or assign any portion of its rights or delegate its obligations under this Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this Terms of Use without the prior written consent of CloudxLab. CloudxLab makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. CloudxLab shall have no liability under this Terms of Use to the extent arising from any failure of CloudxLab to perform any of its obligations under this Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within CloudxLab’s reasonable control. CloudxLab shall not be responsible for damage or other problems caused by any unauthorized change to this Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of CloudxLab to enforce any rights under this Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. This Terms of Use constitutes the entire agreement between you and CloudxLab relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by CloudxLab or through a specific writing between you and CloudxLab. Any notice which may be required to be given to us under this Terms of Use may be sent to us by writing or emailing to the following addresses: CloudxLab, Inc., 2035, Sunset Lake Road Suite B-2, 19702 Newark, New Castle Delaware, United States, Email: reachus@cloudxlab.com.