Introduction and Eligibility.
This agreement is a legally binding contract. It may change as our service changes, and you agree you will review it and any updates regularly. These Terms constitute a binding agreement between you and Product School Incorporated and its affiliates and subsidiaries (“Product School,” “we,” “us”). “You” and “users” shall mean all visitors to the Product School Service. You accept these Terms each time you access the Product School Service. If you do not accept these Terms, you must not use the Product School Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Product School Service.
Revisions to Terms.
We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Product School Service after a change to these Terms constitutes your binding acceptance of these Terms. Children. No part of the Product School Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Product School
The Product School Service (the “Product School Service”) means the website located at www.productschool.com and any associated software, applications, and Internet services under Product School’s control, whether partial or otherwise, used in connection with providing the services provided by Product School. The Product School Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by Product School (collectively, “Courses”). These Courses are at the intersection of technology, design, and business and may be made available for our students, in Product School’s sole discretion. Together with our members, thought leaders, and seasoned practitioners (collectively, “Instructors”), Product School offers a robust curriculum focused on product management and practices by which business, design and technology can be leveraged to create industry-changing products and successful companies. The Product School Service will also permit the community of users of the Product School Service to engage in discussions and communications with one another and with the Instructors. “Premium Content” means Product School’s multi-media content library of all prior and current Courses and live-stream transmissions of future Courses.
Sign Up for a Course.
You may sign up for a Course using the Product School Service. We cannot promise the availability of the Course.
Chat Room Service.
You may be able to engage in online chat sessions with other users of the Product School Service, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. Product School makes no representations and warranties with respect to the confidentiality of any posts you make through the Product School Service. You are responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post, Product School assumes no liability. If any legal action is taken on Product School as a result of your actions, you agree to indemnify Product School for all legal cost incurred in the defense of the Product School.
Information You Provide to Instructors.
Your Instructors may ask for information, such as your email address, from you to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.
We use third-party services to help us provide the Product School Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. The Product School Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Product School Service. Some of these third-party websites may use Product School Content (defined below) under license from Product School. Product School is not responsible for these third-party websites, whether or not Product School is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Product School is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Product School Service.
The Product School Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.
Featuring a Course or Instructor.
Product School may feature a Course or Instructor, but we make no representations about the quality of any Courses or Instructors nor is this a recommendation of the Course of Instructor. Product School does not guarantee specific instructors for any class. Product School reserves the right to change instructors without notice at any time for any reason.
Featuring Your Student Work.
We may promote Product School using the work you completed as part of completing a Course (“Student Work”), and you grant Product School a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with Product School’s promotional efforts. Our use will be limited to promoting Product School. Product School will include your name and attribute the Student Work to you.
You may have to pay a fees to attend a Course or subscribe to Premium Content through the Product School Service.
Product School may charge you fees to attend a Course. The amount of any fees may be revised by Product School from time to time and vary from region to region, and topic to topic. You agree to pay for all products and services that you purchase through the Product School Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Product School Service. All fees are non-refundable upon payment for the services.
Third-Party Payment Processors.
Product School currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
Availability of Certain Forms of Payment.
Product School makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Product School Service.
When you provide a credit card number to us to activate and/or pay for any fees related to Product School, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Timing of Charges.
Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. You may send us an email to dispute charges to your account within 30 days of the charge. Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to Product School within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge.
Fees Charged by Third-Party Payment Processors.
The Product School Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Product School is not responsible for any fees charged by them. Product School disclaims all liability with regards to any fees or problems you have with third-party payment processors.
Refunds, Cancellation and No Show Policies.
Product School may provide refunds, determine the rescheduling and cancellation policies and apply them at its discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions. We reserve the right, but are not obligated, to refund fees paid to us. Our policy for providing refunds, if ever, for any purchases made by you, is set forth in the Product School Refund Policy and is incorporated into these Terms. Product School may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy.
A student in California may request a full refund less fees up until the 1st day of class. After that students who have completed 60% or less of the class can receive a pro-rated refund. If you have completed more than 60% of the period of attendance for which you were charged, the tuition is considered earned and you will receive no refund. However, administrative fees, material use fees, and registration fees are also not refundable ($1,000).
A student in New York may request a full refund less fees up until the 1st day of class. After the first day of class, students are entitled to a refund of 75% of the total tuition, less fees prior to the third week of the class, 50% refund less fees prior to the 4th week of class, and 25% refund less fees prior to the 5th week of class. After the 5th week of class has commenced, the tuition is considered earned and no refunds are available. Administrative fees, material use fees, and registration fees are also not refundable ($1,000). A week is defined as Sunday to Saturday.
A refund or withdrawal request is effective on the date it is received by Product School. For the purpose of determining the amount of the refund, the effective date of the student’s refund/withdrawal request shall be deemed the date of the withdrawal or refund request. The refund will be calculated based on the total daily institutional charges up to the effective date of the effective date.
Refunds: Please allow up to 6 weeks from the date of the request for any refund to be processed.
LATE FEE: a late fee of 5% of the total amount due will be applied to any payment that is past due.
Late Key Return Fee: If you are issued a key, key fob, or key card, you must return it within 48 hours after the completion of the last class. Failure to return the keyfob will result in being charged a $100 administrative fee
Make-up Class Policy: We understand that sometimes “things happen”. That is why we allow each student to make-up missed classes, up to a maximum of one (1) weekend or two (2) weekday classes. Subject to availability, you may make-up a class in a weekday or weekend cohort in any location. In order to make up a class, you must provide 72 hours notice to your Program Manager. Please note that Product School is not obligated to accommodate every request. Requests to make up a class in a particular day/time/location may be granted and are subject to availability.
Switching Cohorts: We are unable to accommodate requests to change cohorts.
By accepting these terms, you are agreeing that the terms and conditions set forth can be amended by Product School and each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated herein. By accepting these terms, you are agreeing that the terms and conditions set forth can be amended by Product-School and each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated herein.
Product School will not collect or pay your taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Product School Service. Product School is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
We accept U.S. Dollars. You are responsible for all fees charged to make payments using payment processors through the Product School Service.
Account Creation and Use by an Agent.
You agree that if you create an account and use the Product School Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts. You represent and warrant that the information you provide to Product School upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
If you create an account, you are responsible for your log-in credentials; for keeping your information accurate; and for any activity resulting from the use of your log-in credentials on the Product School Service.
You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
Product School may communicate with you by email or posting notice on the Product School Service. You may request that we provide notice of security breaches in writing. You agree to receive email from us at the email address you provided to us for customer service related purposes.
By using the Product School Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Product School Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Product School Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us.
Product School’s Content Ownership and Use.
Product School owns all of the content we create, but you may use it while you use the Product School Service. You cannot use our logo without our written permission. The contents of the Product School Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Product School content (collectively, “Product School Content”). All Product School Content and the compilation (meaning the collection, arrangement, and assembly) of all Product School Content are the property of Product School or its licensors and are protected under copyright, trademark, and other laws.
License to You.
We authorize you, subject to these Terms, to access and use the Product School Service and the Product School Content solely for the use of Product School’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Product School Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Product School Content on any copy you make of the Product School Content. We cannot ensure the security or privacy of the information that you provide through the internet.
No material made available on or through the Product School Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Product School Service, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the Product School Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the Product School Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Product School or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use.
No materials obtained from the Product School Service, even if authorized for download from the Product School Service, may be redistributed, nor may they be used for any commercial purpose, without Product School’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.
Certain materials made available for download from or through the Product School Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
No Implied Rights.
There are no implied licenses granted in these Terms.
Product School Marks.
Product School, the Product School logo, and other Product School logos and product and service names are or may be trademarks of Product School (the “Product School Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Product School Marks.
Intellectual Property Rights and Our License to Use.
You, or the people who allow you to use their content, own all of the content you post using the Product School Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Product School Claims No Ownership.
The Product School Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
Product School’s Use of Your User Content.
If you are an instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you post on the Product School Course area of the platforms that Product School uses.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Product School Service, any right, title, or interest (including intellectual property rights) in content delivered via the Product School Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Product School Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Product School Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Product School Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Product School Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Product School Service contains content from users and other Product School licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Product School Service.
I authorize Product School Incorporated to record me via video tape, video camera, film, photograph or any other medium now or hereafter existing, and to record my voice, conversation and sounds, including any acts, performances and quotes by me (collectively, the “Recordings”) during my training, and I grant Company the irrevocable right and license to use, and to license others to use, my name and biographical material concerning me, and all rights in and to the Recordings, without additional compensation to me, in any manner or medium, whether now known or hereafter developed, throughout the universe and for an unlimited number of times in perpetuity, in connection with the promotion, advertising, sale, publicizing and exploitation of any products, services or programs of Company or for any other commercial purposes in furtherance of Company’s business. I waive any right of inspection or approval of the Recording or the uses to which such Recordings may be put. I acknowledge that Company will rely on this permission and may incur substantial costs thereby, and I hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the rights and permissions granted hereunder.
Tell us if you think a user has violated your copyright using the Product School Service, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Product School Service infringe your copyright, you (or your agent) may send Product School a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Please send this notification to [email protected]. The notice must include the following information: The date of your notification.
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Product School Service are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Product School to locate the material on the Product School Service; Your name, address, telephone number, and email address (if available); 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 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Product School a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Product School Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall: own, exclusively, all now known or later discovered rights to the creative ideas; not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Product School Service or content available on the Product School Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Product School Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Product School Service. Product School does not endorse any, nor is it responsible for, User Content on the Product School Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. Do not do bad things with the Product School Service, try to break it, or steal our hard work. You agree to use the Product School Service only for its intended purpose. You must use the Product School Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Product School Service are prohibited. You may not: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Product School Service, user accounts, or the technology and equipment supporting the Product School Service; frame or link to the Product School Service without permission; use data mining, robots, or other data gathering devices on or through the Product School Service; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Product School Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms; use the Product School Service after your account has been terminated, without our consent; use the Product School Service in an illegal way or to commit an illegal act in relation to the Product School Service or that otherwise results in fines, penalties, and other liability to Product School or others; or access the Product School Service from a jurisdiction where it is illegal or unauthorized.
Consequences of Violating These Terms.
If you do not act acceptably, we may prohibit your use of the Product School Service. We reserve the right to suspend or terminate your account and prevent access to the Product School Service for any reason, at our discretion. We reserve the right to refuse to provide the Product School Service to you in the future.
Product School may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Product School Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Product School Service.
Product School’s Liability.
We are not liable for the actions of our users when they use the Product School Service. We may also change the Product School Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Product School Service or other websites.
Changes to the Product School Service.
We may change, suspend, or discontinue any aspect of the Product School Service at any time, including hours of operation or availability of the Product School Service or any feature, without notice or liability.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Product School Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Product School of all claims, demands, and damages in disputes among users of the Product School Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Product School Service.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Product School Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Product School Service. Use the Product School Service at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Product School Service.
DISCLAIMER OF WARRANTIES
Released Parties Defined.
“Released Parties” include Product School and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors.
You use the Product School Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE PRODUCT SCHOOL SERVICE IS AT YOUR SOLE RISK, AND THE PRODUCT SCHOOL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE PRODUCT SCHOOL SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE PRODUCT SCHOOL SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCT SCHOOL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT SCHOOL SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE PRODUCT SCHOOL SERVICE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE PRODUCT SCHOOL SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT SCHOOL SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Product School Service. You may be responsible for our legal fees and costs arising out of your use of the Product School Service.
I voluntarily and without reservation, and realizing the full legal significance of my action, hereby waive and release, on behalf of myself, my agents, my heirs and my estate, all claims and liabilities of whatever nature against Product School Incorporated and their representatives, directors, officers, employees, agents, successors and/or assigns, including, but not limited to, claims of any injury (including death), loss, damage, accident arising from any injury (including death), loss, damage, accident arising from any act or omission of any entity or individual, or for any other cause whatsoever arising out of, resulting from or in connection with the above referenced Program. Further, I accept responsibility for any injury (including, but not limited to personal, injury, disability, dismemberment and death), illness, damage, loss, claim, liability or expense, of any kind or nature, that I or my property may suffer, and agree to forever release Product School Incorporated and their representatives, directors, officers, agents, successors and/or assigns, from any liability arising from any such risks.
I fully and voluntarily assume all risks and liability associated with any participation in the Program including, without limitation, the risk of any negligence or recklessness or failure to act, by other
participants or others, and the risk of injury caused by the condition of any property, facilities or equipment used during the Program and I agree to waive and forever release, on behalf of myself, my heirs, my successors and/or assigns and my estate, any claim against Product School Incorporated and their representatives, directors, officers, agents, successors and/or assigns alleged to be caused by such negligent or reckless actions, or failure to act, or the condition of any property, facilities or equipment used during the Program. I agree to defend, indemnify, and hold harmless Product School Incorporated and their representatives, directors, officers, agents, successors and/or assigns, for any and all losses, damages, expenses, claims, suits or judgments and liabilities (including any and all costs and expenses, but not limited to reasonable attorneys’ fees and disbursements if assessed by a court of competent jurisdiction) of any nature arising out of, or in consequence of, my acts, words, conduct, etc. in connection with the Program including, but not limited to, damage to property, any injuries or death sustained by any person(s).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRODUCT SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT SCHOOL SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PRODUCT SCHOOL SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE PRODUCT SCHOOL SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE PRODUCT SCHOOL SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT SCHOOL SERVICE OR YOUR USE OF PRODUCT SCHOOL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Product School Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and Product School concerning your use of the Product School Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial.
We are located in San Francisco, CA so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Product School Service. These Terms and the relationship between you and Product School shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Product School agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Product School Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco, CA. You covenant not to sue Product School in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Product School Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.