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.
A Binding Agreement. These Terms constitute a binding agreement between you and UX MOSHPIT Space, Inc. and its affiliates and subsidiaries (“UX MOSHPIT,” “we,” “us”). “You” and “users” shall mean all visitors to the UX MOSHPIT Service. You accept these Terms each time you access the UX MOSHPIT Service. If you do not accept these Terms, you must not use the UX MOSHPIT 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 UX MOSHPIT Service.
Revisions. 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 UX MOSHPIT Service after a change to these Terms constitutes your binding acceptance of these Terms. No part of the UX MOSHPIT 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 UX MOSHPIT Service.
The UX MOSHPIT Service
The “UX MOSHPIT Service” means the website located at www.uxMOSHPIT.com.au and any associated software, applications, and Internet services under UX MOSHPIT control, whether partial or otherwise, used in connection with providing the services provided by UX MOSHPIT. The UX MOSHPIT Service provides an online platform to enable you to view information online and through other connected devices about courses and other education programs offered by UX MOSHPIT. These Courses are at the intersection of user experience and are made available for a fee, in UX MOSHPIT sole discretion. Together with our members, leaders, and practitioners (collectively, “Instructors”), UX MOSHPIT offers a curriculum focused on research, design and analytics and can be leveraged to create industry-changing products and services. The UX MOSHPIT Service will also permit the community of users of the UX MOSHPIT Service to engage in discussions and communications with one another and with the Instructors.
Sign Up for a Course. You may sign up for a Course using the UX MOSHPIT Service. We cannot promise the availability of the Course.
Cancellation and No Show Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions. The UX MOSHPIT Cancellation Policy is available here and is incorporated into these Terms.
Sound Judgement. Please exercise caution, good sense, and sounds judgment when providing information to other users.
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.
Third-Party Services. The UX MOSHPIT Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the UX MOSHPIT Service. Some of these third-party websites may use UX MOSHPIT Content (defined below) under license from UX MOSHPIT. UX MOSHPIT is not responsible for these third-party websites, whether or not UX MOSHPIT 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 UX MOSHPIT 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 UX MOSHPIT Service.
We are not your attorney or financial advisor, and we do not provide any legal or financial advice.
UX MOSHPIT Does Not Offer Legal or Financial Advice. Do not contact UX MOSHPIT for legal or financial advice. You agree and acknowledge that UX MOSHPIT, and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. UX MOSHPIT does not give legal advice in any form or practice law in any way. The information obtained from or through the UX MOSHPIT Service is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own tax, financial, and legal advisors. UX MOSHPIT, and its Instructors, are not establishing an attorney-client relationship with you through your use or access of the UX MOSHPIT Service.
Facebook Groups. The UX MOSHPIT Service may allow you to register to private groups for the mentorship program. You agree to abide by the social networks’ terms and conditions applicable to you.
Feature Instructor. The UX MOSHPIT Service may feature an Instructor. We may also recommend a Course as part of a collection of Courses. However, as stated more fully elsewhere in these Terms, UX MOSHPIT makes no representations as to the quality or nature of Courses or Instructors shown on the UX MOSHPIT Service.
Featuring Your Mentor Program Work. We may promote UX MOSHPIT using the work you completed as part of completing a Course (“Mentor Program”) with your permission, and you grant UX MOSHPIT a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with UX MOSHPIT promotional efforts. Our use will be limited to promoting UX MOSHPIT. UX MOSHPIT will include your name and attribute the Student Work to you.
Courses. UX MOSHPIT will charge you fees to attend a Course. The amount of any fees may be revised by UX MOSHPIT from time to time and vary from region to region.
Mentorship Program. UX MOSHPIT charges a monthly fee for a subscription to the Mentorship Program. On occasion this may be offered as a single month trial or introductory offer period. If you do not cancel your subscription within the trial or introductory offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. UX MOSHPIT reserves the right to increase the Mentorship Program subscription fee or institute new charges upon reasonable notice. Fees for a Mentorship Program subscription are due in advance. You may cancel your membership at any time and such cancellation will be effective at the end of the month in which you provide notice of cancellation. Your membership will automatically renew each month, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription will be billed automatically each month, at or around the day of the month corresponding to the day of the month you originally registered for Premium Content at the then-current rate to the credit card you used in your most recent transaction with us. UX MOSHPIT reserves the right to cancel your subscription at any time.
You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the UX MOSHPIT 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 UX MOSHPIT Service.
Third-Party Payment Processors. UX MOSHPIT 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 direct transfers, credit cards and PayPal.
Ongoing Availability of Payment Types. UX MOSHPIT makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the UX MOSHPIT Service.
Pre-Authorisation. When you provide a credit card number to us to activate and/or pay for any fees related to UX MOSHPIT, we, through our third-party payment processor, may seek pre-authorisation 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-authorisations will reduce your available balance by the authorisation amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorisation 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.
Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to UX MOSHPIT within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to use at [email protected]
Refunds. We reserve the right, but are not obligated, to refund fees paid to us.
If you need to withdraw from your course for any reason prior to its start, we will provide you with a full refund or credit good for future use towards that course or any other, class, or workshop again, minus a $250 registration fee. Refunds beyond that point are pro-rated based on the date of withdrawal and the amount you have already paid: during the first and second day of the course, you can receive a refund of up to 75% of the full course tuition minus the $250 registration fee; during the third and fourth day of the course, you can receive a refund of up to 50% of the full course tuition minus the $250 registration fee, and after four days , no refunds will be given. All requests to withdraw from a course must be submitted in writing as an email to us.
A cancellation of the Mentorship Program subscription will be effective at the end of the month in which we receive notice of cancellation; there will be no pro-rata refunds. UX MOSHPIT 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. Please contact [email protected] to request a refund.
UX MOSHPIT may terminate your enrollment for failure to maintain satisfactory progress; failure to abide by UX MOSHPIT rules and standards of conduct; absences in excess of maximum set forth by UX MOSHPIT; and/or failure to meet financial obligations to UX MOSHPIT.
Goods & Services Tax (GST). UX MOSHPIT collects and pays the GST through its quarterly GST statements. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the UX MOSHPIT Service. UX MOSHPIT is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Fees Charged by Third-Party Payment Processors. The UX MOSHPIT 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 UX MOSHPIT is not responsible for any fees charged by them. UX MOSHPIT disclaims all liability with regards to any fees or problems you have with third-party payment processors.
UX MOSHPIT may communicate with you by email or posting notice on the UX MOSHPIT Service. You may request that we provide notice of security breaches in writing.
Electronic Notifications. By using the UX MOSHPIT 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 UX MOSHPIT Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the UX MOSHPIT 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 at [email protected]
UX MOSHPIT’s Content Ownership and Use
UX MOSHPIT Content. The contents of the UX MOSHPIT Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other UX MOSHPIT content (collectively, “UX MOSHPIT Content”). All UX MOSHPIT Content and the compilation (meaning the collection, arrangement, and assembly) of all UX MOSHPIT Content are the property of UX MOSHPIT 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 UX MOSHPIT Service and the UX MOSHPIT Content solely for the use of UX MOSHPIT 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 UX MOSHPIT 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 UX MOSHPIT Content on any copy you make of the UX MOSHPIT Content.
Copyright. No material made available on or through the UX MOSHPIT 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 authorised to be downloaded from the UX MOSHPIT 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 UX MOSHPIT Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the UX MOSHPIT 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 UX MOSHPIT or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use. No materials obtained from the UX MOSHPIT Service, even if authorized for download from the UX MOSHPIT Service, may be redistributed, nor may they be used for any commercial purpose, without UX MOSHPIT 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.
UX MOSHPIT Marks. UX MOSHPIT, the UX MOSHPIT logo, and other UX MOSHPIT logos and product and service names are or may be trademarks of UX MOSHPIT (the “UX MOSHPIT 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 UX MOSHPIT Marks.
Intellectual Property Rights and Our License to Use
UX MOSHPIT Claims No Ownership. The UX MOSHPIT Service may provide you with the ability to create, post, or share 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.
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 UX MOSHPIT 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 UX MOSHPIT 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 UX MOSHPIT 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 UX MOSHPIT Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Tell us if you think a user has violated your copyright using the UX MOSHPIT Service, or if you think someone incorrectly reported that you violated his or her copyright.
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian Copyright Act 1968 (as amended), which applies the national law throughout Australia. Designs may be covered by the Copyright Act (as sculptures or drawings) as well as by the Design Act.
If you believe in good faith that materials posted on the UX MOSHPIT Service infringe your copyright, you (or your agent) may send UX MOSHPIT a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- 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 UX MOSHPIT 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 UX MOSHPIT to locate the material on the UX MOSHPIT 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 authorised 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, send UX MOSHPIT a counter-notice.
- Notices and counter-notices with respect to the UX MOSHPIT Service should be sent attention to Bernard Schokman using the email [email protected]).
- Consult your legal advisor before filing a notice or counter-notice as there are penalties for false claims.
Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the UX MOSHPIT 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.
User Content Disclaimers, Limitations, and Prohibitions
Content Accuracy. 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 UX MOSHPIT Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
User Content. You are solely responsible for Your User Content on the UX MOSHPIT Service. UX MOSHPIT does not endorse any, nor is it responsible for, User Content on the UX MOSHPIT 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.
Compliance. You agree to use the UX MOSHPIT Service only for its intended purpose. You must use the UX MOSHPIT Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the UX MOSHPIT Service are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the UX MOSHPIT Service, user accounts, or the technology and equipment supporting the UX MOSHPIT Service;
- frame or link to the UX MOSHPIT Service without permission;
- use data mining, robots, or other data gathering devices on or through the UX MOSHPIT 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 UX MOSHPIT 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 UX MOSHPIT Service after your account has been terminated, without our consent;
- use the UX MOSHPIT Service in an illegal way or to commit an illegal act in relation to the UX MOSHPIT Service or that otherwise results in fines, penalties, and other liability to UX MOSHPIT or others; or
- access the UX MOSHPIT Service from a jurisdiction where it is illegal or unauthorized.
Consequences of Violating These Terms & Conditions
User Participation Termination. We reserve the right to suspend or terminate your Course or participation in the Mentorship Program and prevent access to the UX MOSHPIT Service for any reason, at our discretion. We reserve the right to refuse to provide the UX MOSHPIT Service to you in the future.
Freedom to Review. UX MOSHPIT 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 UX MOSHPIT Service.
Responsibility. 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 UX MOSHPIT Service.
UX MOSHPIT’s Liability
Liability for User Action. We are not liable for the actions of our users when they use the UX MOSHPIT Service. We may also change the UX MOSHPIT 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 UX MOSHPIT Service or other websites.
Changes to the UX MOSHPIT Service. We may change, suspend, or discontinue any aspect of the UX MOSHPIT Service at any time, including hours of operation or availability of the UX MOSHPIT Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the UX MOSHPIT 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 UX MOSHPIT of all claims, demands, and damages in disputes among users of the UX MOSHPIT Service. You also agree not to involve us in such disputes. Use caution and common sense when using the UX MOSHPIT Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the UX MOSHPIT 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 UX MOSHPIT Service. Use the UX MOSHPIT Service at your own risk. Third-Party Websites.You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined. “Released Parties” include UX MOSHPIT and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors.
- DISCLAIMER OF WARRANTIES
You use the UX MOSHPIT Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE UX MOSHPIT SERVICE IS AT YOUR SOLE RISK, AND THE UX MOSHPIT’S 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 UX MOSHPIT’S SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE UX MOSHPIT’S SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE UX MOSHPIT’S SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UX MOSHPIT’S SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE UX MOSHPITS SERVICE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE UX MOSHPIT’S SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UX MOSHPIT’S 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.
- 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 UX MOSHPIT Service. You may be responsible for our legal fees and costs arising out of your use of the UX MOSHPIT Service.
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 UX MOSHPIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE UX MOSHPIT’S 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 UX MOSHPIT’S SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE UX MOSHPIT’S SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE UX MOSHPIT’S 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 UX MOSHPIT’S SERVICE OR YOUR USE OF UX MOSHPIT’S 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 UX MOSHPIT 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 UX MOSHPIT concerning your use of the UX MOSHPIT 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.
We are located in Victoria Australia, 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 UX MOSHPIT Service. These Terms and the relationship between you and UX MOSHPIT shall be governed by the laws of the state of Victoria without regard to its conflict of law provisions. You and UX MOSHPIT agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the UX MOSHPIT Service. Any such arbitration, to the extent necessary, shall be conducted in Victoria, Australia. You covenant not to sue UX MOSHPIT 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 UX MOSHPIT 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.
Use the contact us form at the bottom of https://www.uxmoshpit.com page.
MyWare Australia Pty Ltd
ACN 114 137 861
ABN 24 522 718 075