Welcome to the XLearner!
XLearner is a disruptive education platform placing proven industry leaders in a virtual room with eager rising stars. Our platform is an online school where creative languages are made easy to understand, professional exchanges between experts and young professionals are being promoted, and new skills are being developed. We value expertise, not fancy diplomas. It should be expressly noted: XLearner is NOT a traditional educational institution and is not intended to operate as such. Our mission is to assist our users when facing professional transformations, and we do so by offering close online collaboration between the instructor and the course’s participants. This is the purpose of our platform.
XBrider Inc (otherwise referred as “XLearner”, “we”, “us” or “our”) is the operator of the XLearner platform. We offer our services through the website located at https://xlearner.io (the “Website”), and through other means that we deem fit (the Website and all services provided by us shall hereinafter referred to as the “Services”).
You must be at least 16 years of age to use our Services.
You agree not to capture, modify, edit, copy, sell, license, distribute, publish, adapt, reproduce, or reuse the content from the Website and any Services in any other way for any public or commercial purpose.
You need an account (“User Account”) for most activities at XLearner, including subscribing and enrolling in a course which is featured on the Website.
You shall note that you must be at least 16 years of age in order to open a User Account. If you are younger than the required age you may not set up a User Account, but we encourage you to invite a parent or guardian to open a User Account and help you enrol in courses that are appropriate for you. If we discover that you have created a User Account and you are younger than the age required in your country for consent to use online services (for example, 13 in the United States), we will terminate your User Account.
YOU ACKNOWLEDGE AND AGREE THAT SHOULD XLearner PROVIDE YOU WITH THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY USER ACCOUNT OR USER PROFILE ARE, AND SHALL FOREVER BE, OWNED BY AND INURE TO THE BENEFIT OF XLearner.
You are solely responsible for your User Account and everything that happens on your User Account, including any harm or damage (to us or anyone else) caused by someone using your User Account (with or without your permission). You should take all necessary steps to ensure that your password is kept confidential and secure, and you shall inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used, in an unauthorized manner.
You can delete their User Account by sending an e-mail request to our Support Team . Please note that if you request the deletion of your User Account, you might not be able to further access and use the Services, as well as any content that you submitted to us.
XLearner does not, and shall not, recognize the transfer of your User account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of XLearner. Any attempt to do so shall be void and of no effect.
Under agreement with our instructors, we have been granted the right to offer online courses (each a “Course”) to our Users and to present the Course to those Users who enroll in it. You should note that the Content of the Course belongs to the instructor and to XLearner, and is under no circumstance transferred or assigned to you by virtue of your enrollment.
For the purposes of this agreement, the term “Content” means objects of intellectual activity and equivalent means of individualization, including: literary works, texts, lectures, presentations, speeches, computer programs, mobile programs and applications, as well as audio and visual works (video courses, infographics, phonograms, images, trademarks and service marks), commercial designations and trade names, trade marks, logos, hypertext links, including fragments thereof, information, widgets, and any other objects or materials published on the Website and within the Course.
The right to view the Course does not give you any right to download and/or resell the Course in any manner (including by sharing your User Account information, illegally downloading the Course and/or sharing it in any way). You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer the Course or any of its parts.
We generally give Users who enroll in a Course one-year access to a recording of the Course, which can be accessed via their User Account. This means that the link to the Course will be active in your User Account during this period of time, starting from the Course’s commencement date, and you will be able to view the recording for an unlimited number of times. However, XLearner reserves the right, at its sole and absolute discretion, to change this term or to revoke any license. We may also, at our sole and absolute discretion, access and use Courses at any point in time in the event where we decide or are obligated to disable access to a Course due to legal or policy reasons, for example, if the Course that you enrolled in is the object of a copyright complaint, or if we determine its Contents violates any of our policies, agreements or rights.
When you complete a Course, you will receive a certificate of completion, which you can share with your friends, relatives, co-workers and potential employers. Certificates of completion help demonstrate your accomplishments, but you shall note that XLearner is not an accredited institution, and as a result, the certificates cannot be used for formal accreditation.
Changes in Courses
Our first priority is to provide you with quality Courses, but unexpected circumstances do sometimes occur. We reserve the right to reschedule, modify or even cancel any offered Courses, or make changes in the Course’s agenda. Please note that in this regard our Services are subject to the Disclaimers and Limitation of Liability sections below.
Your Participation in a Course
We may provide you with the opportunity to post comments, upload your work and other content in Course groups and on social media such as Facebook (the content that you submitted shall be referred to as your “User Comment”). The User Comments are intended to initiate discussions. When you elect do post a User Comment, you retain all ownership rights in and to your User Comments, but grant us the with an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use such User Comment.
For further details, please refer to the section below titled “Rights relating to your Submitted Content”.
When you interact directly with other Users or our instructors, you must be careful about the types of personal information that you share. XLearner does not control what Users and instructors do with the information they obtain from other Users throughout our Courses or otherwise. For your safety, we recommend not sharing your email or your other personal information.
In certain Courses, we enable you to ask the instructor questions and to post reviews of courses. For certain Courses, the instructor may ask you to submit content as “homework” or tests. We encourage you not to submit anything that is not yours.
XLearner offers Courses for a fee. By subscribing for a Course, you are deemed to have agreed to the pricing, payment, and billing policies applicable to such fees and charges as described on the Website or in any policy of a third-party payment service. By proceeding with payment for the Course that you subscribed for, you authorize us to charge your debit or credit card (or process other means of payment) for the full fee applicable for your selected Course whether in a one-time payment transaction or in multiple split payments according to an approved payment plan.
You acknowledge that XLearner may utilize certain third-party providers (such as PayPal, Stripe, Square, and others) to collect or otherwise process any of such fees and charges. Any additional, separate charges or obligations, including but not limited to currency exchange charges you directly incur with the said third party and your banking institution are your sole responsibility. When you pay for a subscription, you agree not to use an invalid or unauthorized payment method.
When you purchase a subscription for a Course, you agree not to use an invalid or unauthorized payment method. Any use of such invalid or unauthorized payment methods will allow us, at our sole and absolute discretion, to cancel the payment and your subscription for any Course.
Unless otherwise stated, all fees are quoted in U.S. dollars.
XLearner will not provide a refund for a Course that you subscribers for under any circumstances, with the exceptions of the following:
- If the Course that you subscribed for was canceled by XLearner, we will refund your account with the cost of that Course.
- If you are not satisfied with the content of the purchased Course within the first 7 days after the start of the Course, you have the right to request a refund for such purchased Course. You shall expressly note that you will not be entitled to receive any refund whatsoever after the7th day from the start of the Course.
In order to request a refund, you should contact our Support Team and follow their information and instructions. We will do our best to provide you with the refund within 10 working days from the date of your due notification, however, we reserve the right to delay the refund in case of a failure by you to follow our instructions. Once your refund application is approved you will be withdrawn from the course, your access to the course materials will be terminated, and any homework and materials you have uploaded will be deleted. Upon withdrawal, you are not allowed to use any course materials for any purpose and must delete any and all copies of the course materials from your computer and any other storage system. Please note that it is not possible to reinstate your account after your refund is processed and your access is terminated – all your homework and other materials will be permanently deleted.
Drop for Non-Payment
Our Drop for Non-Payment procedure is the administrative process by which students are disenrolled from courses when they do not pay their course fees.
- If you are enrolled in a payment plan and have an unpaid balance of less than $100 you will not be dropped from the course, but unpaid balances will result in a hold on your account that prevents you from graduating and obtaining your certificate until the balance is settled.
- If you are enrolled in a payment plan and have a balance due of $100 or more you will be dropped from your course if your balance isn’t settled by 9 am EST on the fifth (5th) business day following the original due date of the unpaid installment.
Once you have been dropped from your course, your access to the course materials is terminated, and any homework and materials you have uploaded are deleted. Please note that it is not possible to reinstate your account after being dropped for non-payment — all your homework and other materials will be permanently deleted. If you have been dropped for non-payment, we will not refund any installments made to the date as a part of a payment plan unless you are eligible for a refund in accordance with the above-stated Refund Policy.
If you have a health or family-related emergency in the first third of the course preventing you from attending the course and you notify the Support Team before class 4, you have the right to request to be moved to the next cohort of the Course (if offered) or in another course of your choice (in case the next cohort is not offered) for $200 re-enrollment fee. We do not require supporting documentation for your emergency.
If you request transfer in the second third of the Course (typically from class 5 till class 8), you can request to be re-enrolled into the next cohort of the Course (if offered) or in another course of your choice (if the next cohort is not offered) for a $400 re-enrollment fee.
If you request transfer in the last third of the Course (typically after class 9), you can request to be re-enrolled into the next cohort of the Course (if offered) or in another course of your choice (if the next cohort is not offered) for a $600 re-enrollment fee.
You can use this transfer option only once, i.e. if you have been transferred once, you can not request another transfer.
Your Conduct Through the Services
You are solely responsible for your interaction with other Users (including, for the purposes of this section, the Course instructor), whether online or offline. You acknowledge and agree that XLearner is not responsible or liable for the conduct of any User.
You are solely responsible for your conduct when using our Services and agree that you will not publish, post, upload, transmit, distribute, disseminate or otherwise make available to any User or instructor any:
- material that is harmful, abusive, defamatory, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by XLearner in its sole discretion;
- material that supports or influences any other acts of criminal activity (including against humans, animals and property).
- material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
- files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website and Services, other Users’ and instructors’ access to the Website or Services and/or Users’ and instructors’ computers;
- material that includes pornographic images or text, or which otherwise may be may be offensive to minors;
- pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
- material that encourages the use of illegal drugs or influences the use of ammunition, fireworks or any destructive devices or explosives; and
- material that advertisers gambling and betting.
When using the Services, you further agree not to:
- defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others;
- violate any applicable laws or regulations, or promote or encourage any illegal activity;
- impersonate another User or create a false identity, including but not limited to identities falsely indicating that the User is another user, a celebrity or other well-known person, or a XLearner representative;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content;
- gain or attempt to gain unauthorized access to the Services, to other Users’ account or profile information, or to computer systems and/or networks connected to the Website and our other Services;
- make false reports through the Services to XLearner’s administrators;
- take any action that imposes or may impose (as determined by XLearner in its sole discretion) an unreasonable or disproportionately large load on XLearner’s (or its affiliates’ or third party providers’) infrastructure;
- engage in fraudulent transactions;
- establish more than one account to participate in our Services;
- use the Services for any form of wagering or gambling;
- transmit any material that you know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- harvest, collect, or store personal information or data of other Users, instructors or our partners; and
- performing any circumventing action similar to any of the above.
XLearner reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users (including the Course’s instructor), and exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You also hereby agree that you are responsible for all data charges you incur through use of our Services.
Ownership of Intellectual Property
You acknowledge that XLearner owns, or has a license to, all right, title and interest in the “Content” it makes available through the Services.
Except for any rights specifically enumerated as being licensed to you hereunder, XLearner reserves any and all of its rights to the Content. You are only permitted to use the Content as expressly authorized by XLearner.
By use of the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage in, or otherwise be related to or a part of the following restricted activities:
- marketing, sharing, distributing, offering to sell, selling or otherwise making reproductions or copies of the Website, Services or Content in any way inconsistent with the rights of use provided to you by XLearner herein;
- removing any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other propitiatory right of XLearner;
- attempting to access source or object code of the Website or any Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language;
- amending, changing, modifying (including the creation of any derivative or other works) the Website and the Services;
- creating code, software or other program that incorporates any elements of the Website and the Services;
- attempting to hack into, compromise or otherwise access the object or source code of the Website and the Services for any purposes, personal or commercial; and
- interrupting or attempting to interrupt the operation of the Website and the Services in any way.
Rights relating to your Submitted Content
If XLearner provides you the ability for you to submit your own content to the Services (such content, which shall include the User Comments, shall hereinafter be referred to as “User Submitted Content”), you shall be deemed as the owner of User Submitted Content. It is your obligation to ensure that your provided User Submitted Content does not infringe any third-party rights, and you agree to be liable for such infringement and indemnify XLearner against any third party claims.
XLearner does not claim ownership rights in any User Submitted Content that you may submit or offer through the Services. However, to the extent you submit any User Submitted Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable, worldwide license to XLearner:
- use, reproduce, distribute, remove, and analyze any of your User Submitted Content as XLearner may deem necessary or desirable for any purpose in connection with the operation of the Services;
- copy, modify, and reproduce your User Submitted Content for marketing, promotional and/or other purposes in connection with XLearner or the Services in any media;
- use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other User Submitted Content in connection with any feature of the Services;
- delete any or all of your User Submitted Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party; and
- enable the Services or Users of the Services to share or post your User Submitted Content on third party sites, such as, without limitation, on social networking sites.
To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Services, you agree that such Ideas are non-confidential and non-proprietary, and XLearner shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant XLearner, under all of your rights in the Ideas, an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable, worldwide license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any XLearner product or service, without compensation or accounting to you and without further recourse by you.
Limitation of Liability; Disclaimer
XLearner and its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “XLearner Parties”) will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND/OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
WE DO NOT REVIEW OR EDIT THE CONTENT OF OUR INSTRUCTORS’ COURSES FOR LEGAL OR OTHER ISSUES. WE DO NOT EXERCISE ANY EDITORIAL CONTROL OVER THE COURSES THAT ARE AVAILABLE ON OUR WEBSITE AND, AS SUCH, DO NOT GUARANTEE IN ANY MANNER THE RELIABILITY, VALIDITY, ACCURACY OR TRUTHFULNESS OF THE COURSES. WE DO NOT HIRE OR EMPLOY INSTRUCTORS, NOR ARE WE RESPONSIBLE OR LIABLE FOR ANY INTERACTIONS BETWEEN INSTRUCTORS AND USERS WHO PARTICIPATE IN THE COURSE. WE ARE NOT LIABLE FOR DISPUTES, CLAIMS, LOSSES OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO THE CONDUCT OF INSTRUCTORS OR USERS.
BY USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT YOU CONSIDER OFFENSIVE, INDECENT OR OBJECTIONABLE. THE XLearner PARTIES HAVE NO RESPONSIBILITY TO KEEP SUCH CONTENT FROM YOU AND NO LIABILITY FOR YOUR ACCESS OR ENROLMENT IN ANY COURSE, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
XLearner MAKES NO COMMITMENT TO UPDATE ITS SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER CONTENT MAINTAINED OR UPLOADED BY THE SERVICE. XLearner RESERVES THE RIGHT TO TERMINATE USER ACCOUNTS THAT ARE INACTIVE FOR AN EXTENDED PERIOD OF TIME. WE RESERVE THE RIGHT TO MODIFY, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT SHALL THE XLearner PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, COMPENSATORY, ACCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, UNINTENTIONAL DAMAGE (INCLUDING LOST PROFIT, LOSS OF GOODWILL, OR LOST DATA), AND/OR DAMAGE TO YOUR BUSINESS REPUTATION, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE LAVA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You fully accept the risks associated with your use of the Services. You acknowledge and agree that your exclusive remedy for any dispute with XLearner Parties is to stop using the services. You further agree that in no case shall any liability of the XLearner parties towards you exceed the amount, if any, that you paid for the services giving rise to any such liability.
You agree that any claim you may have arising out of or related to your relationship with XLearner must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You agree to defend, indemnify, and hold the XLearner Parties harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from:
- your use of, or activities in connection with the Services, or those of any under-age person authorized by you;
- any violation of this Agreement by you or any under-age authorized by you; or
- any allegation that any content that you made available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
XLearner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with XLearner in asserting any available defenses.
Third Party Websites
The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under XLearner’s control, and you acknowledge that XLearner is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, and nor is XLearner responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, opinion of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
Our Services may, at some point, include advertisements which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertisements on the Services are also subject to change over time. In consideration of our providing you with the Services, you agree that we and our third party providers and partners may place advertisements on our Services or in connection with the display of content or information on our Services. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
A Note About Children
A Note to International Users
The Services can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that we intend to announce such Services or content in your country. We make no representations that Services are appropriate or available for use in your country. Those who access or use the Services from the jurisdictions where we do not operate do so at their own volition and are responsible for compliance with local law.
Use of Mobile Devices
Some of the services provided by XLearner may be accessed and used through a compatible mobile device. By accessing and using our Services through a compatible mobile device, you hereby agree that you shall be solely responsible for obtaining the requisite hardware and software that will allow you to use our Services on the said device, including all applicable changes, updates and fees (to the extent applicable).
XLearner does not make any warranties or representations of any kind, with respect to the:
- access to the Services at any time and from any location;
- availability of telecommunication services from your provider; and
- failure to transmit any data, communications or settings connected with the services provided by XLearner.
XLearner may, from time to time, provide you with automatic notifications relating to your User Account. Some of the alerts may be turned on by default in certain Services. In case you wish to deactivate, reactivate and/or customize alerts, you shall refer to the “Settings” page (or any similar page) of your compatible device.
We will make commercially reasonable efforts to provide the notifications in a timely manner, however XLearner cannot guarantee the time of delivery of the notifications. You acknowledge and agree that XLearner can not guarantee the time of the delivery of the alerts, as well as their content, and therefore you hereby relinquish any claim against XLearner with respect to the failure to deliver, delay and/or any error in the content of the alert. Furthermore, you hereby acknowledge and agree that we shall not be liable for any action taken or not taken by you or any third party in reliance to a notification.
Suspension and Termination of the Services
Although it is XLearner’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
XLearner reserves the right to terminate, suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you.
If you are having a technical problem with the Services, including any Application, you may ask for technical support by writing to email@example.com. When writing to us, please be sure to tell us which Course/s you subscribed for. We’ll do our best to help you solve any technical problem, but we don’t warrant, and specifically disclaim, that we will be able to resolve all technical issues.
If You have any complaints, claims or disputes with regard to the Website and/or the Services, you are hereby instructed to submit such complaint to XLearner in writing as soon as is reasonably practicable possible following the occurrence of the event to which the complaint refers. Complaints may be submitted by email to firstname.lastname@example.org, with maximum description and details.
XLearner may assign this Agreement, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without XLearner’s express prior written consent.
This Agreement (and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes, claims and the arbitration agreement) shall be governed by and is to be construed in accordance with the law of England and Wales.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and the Services. Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside England and Wales, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to XLearner must be sent to the attention of Customer Service at email@example.com, if by email, or to at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You may contact XLearner at the following address.
This Agreement constitutes the entire agreement and understanding between you and XLearner concerning the subject matter and supersedes all prior agreements and understandings of the parties with respect to that subject matter.
You hereby acknowledge and agree that XLearner shall in no case be liable for any event beyond our reasonable control (including, but not limited to, acts of any government or authority, embargo, revocation of any licence or consent, failure of any power supply, theft, malicious damage, acts war, terrorism, natural disasters, internet outages and such other force majeure occurrences).
Nothing in this Agreement shall be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships, employer-employee relationship or any other similar relationship between you and XLearner.
Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by XLearner with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision here.