Terms and Conditions
Last Updated: April 20, 2026
1. Acceptance of Terms
The following terms and conditions (“Terms of Service” or “Agreement”) constitute a legally binding agreement between you, the user (“You,” “Your,” “User,” or “Users”) and us, U Build Academy, LLC (“U Build Academy,” “Company,” “We,” “Our,” or “Us”), and governs Our relationship as You access and use Our training courses, website (accessible via https://www.ubuildacademy.com/ (“Website”)), and related services (collectively, the “Services”). By purchasing, accessing, or otherwise using Our Services, You acknowledge that You have read, understood, and agree to comply with and be bound by these Terms of Service and Our accompanying Privacy Policy (available at: https://www.ubuildacademy.com/legal/privacy) without modification of any terms, conditions, and notices.
These Terms of Service apply to all users of Our Website, purchasers of Our Services, and/or users of Our Services, and set forth legally binding terms and conditions for Your use of Our Website, purchase of Our Services, and/or use of Our Services. Accordingly, please read this Agreement carefully before using Our Website, purchasing Our Services, and/or using Our Services. If You do not accept these terms, do not use Our Website, purchase Our Services, or use Our Services.
IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE A PARENT AND/OR GUARDIAN REVIEW THESE TERMS AND AGREE TO THEM ON YOUR BEHALF. OTHERWISE, YOU MAY NOT USE OUR SERVICES.
2. Service Offerings
U Build Academy provides online training and educational services for construction professionals, including:
2.1. Individual Course Purchases
You may purchase individual courses on a one-time basis, including but not limited to OSHA 10, OSHA 30, and other specialized training courses. These purchases grant lifetime access to the purchased course materials, subject to Section 2.3 below for third-party content.
2.2. Subscription Plans
You may subscribe to U Build Academy for ongoing access to Our full course catalog and additional features including:
- Training management and reporting features
- Assessment and recommendation tools
- Support and consultation services
- Access to Our complete training library
Subscription plans are offered with monthly and annual billing options. Pricing and plan details are available on Our Website and may be subject to change at Our discretion with notice to active subscribers.
2.3. Third-Party Course Content
Certain courses offered through U Build Academy are provided by third-party content providers and may be hosted on PathLMS (e.g., pathlms.com/ubuildacademy), a third-party learning management system platform (the “Platform”) having its own terms of service and accompanying privacy policy. U Build Academy is an authorized reseller of ClickSafety courses, including but not limited to OSHA 10 and OSHA 30 training. Additional third-party courses may be added in the future.
For third-party courses:
- U Build Academy does not own, create, or control the course content
- Course content, delivery, and certification are subject to the third-party providers’ terms and policies
- U Build Academy acts solely as a reseller and platform host for convenient access
- Any issues with course content, technical problems specific to third-party courses, or certification matters should be directed to the respective content provider(s)
- Continued availability of third-party courses depends on Our ongoing relationship with the provider(s)
- The third-party providers’ terms of service and related policies apply to Your use of their content, and by accessing and/or otherwise using the Platform, You acknowledge that You have read, understood, and agree to comply with and be bound by the third-party providers’ terms of service and accompanying privacy policies
- Courses may be offered in multiple languages, including English and Spanish. Translations are provided for convenience. In the event of any inconsistency between language versions of course materials, assessments, or certificates, the English version will control unless otherwise required by applicable law
While U Build Academy provides customer support for accessing third-party courses through Our Platform, We are not responsible for the content, accuracy, or quality of third-party course materials.
For certain third-party courses, including OSHA training provided by ClickSafety, physical Department of Labor (“DOL”) cards or other credentials may be issued and delivered directly by the third-party provider. U Build Academy does not print, mail, or control delivery of such physical credentials and is not responsible for delays, errors, or delivery issues. U Build Academy issues course completion certificates in digital format only unless expressly stated otherwise.
2.4. Promotions and Programs
U Build Academy may offer promotions, discounts, referral programs, contests, or sweepstakes from time to time. Such programs may be governed by additional terms, which will be provided when the program is offered. In the event of a conflict, the program-specific terms will control.
We may offer referral or affiliate programs that provide rewards or incentives. Participation in such programs may be subject to additional terms, including eligibility requirements, payout conditions, and restrictions on promotional methods.
2.5. Purchase Structure
Individual courses may be purchased only by natural persons for their personal use. Subscription plans are available only to organizations, businesses, or other entities and are not offered to individual consumers.
3. Payments and Billing
3.1. Payment Processing
All payments are processed securely through Stripe or other authorized third-party payment providers. By making a purchase or subscribing, You authorize Us to charge Your selected payment method. U Build Academy does not control and is not responsible for errors, interruptions, or security incidents attributable to payment processors. We reserve the right to correct pricing, promotional, or billing errors at any time, including after a transaction has been submitted or payment has been requested. In the event of a correction, We may cancel the affected enrollment and provide notice and, where applicable, a refund of amounts paid.
3.2. Subscription Billing
For subscription plans:
- Billing occurs automatically on a recurring basis (monthly or annually) until You cancel
- You authorize Us to charge Your payment method on each billing cycle
- Subscriptions automatically renew unless canceled in accordance with Section 4
- Where an organization or company purchases one or more subscriptions on behalf of individual users, the purchasing organization or company represents and warrants that it has authority to manage billing, administer user access, and control training records associated with such accounts. The organization or company is responsible for ensuring that its designated administrators act in compliance with these Terms of Service
- If a subscription is canceled or expires, users will retain access to any courses that were assigned and started during the active subscription period, but will not receive access to new courses, features, or updates unless the subscription is renewed
3.3. Taxes
Users are responsible for any applicable taxes imposed by their jurisdiction in connection with their purchases or subscriptions.
4. Cancellation and Refund Policy
4.1. No Refunds
ALL PURCHASES AND SUBSCRIPTIONS ARE FINAL AND NON-REFUNDABLE.
This includes:
- Individual course purchases (OSHA 10/30, specialized courses, etc.)
- Monthly subscription payments
- Annual subscription payments
- Any other products or services offered through U Build Academy
By completing a purchase, You acknowledge and agree to this no-refund policy. This policy does not limit any non-waivable consumer rights under applicable law.
4.2. Subscription Cancellation
Users may cancel their subscriptions at any time through their account settings or by contacting Us at help@ubuildacademy.com.
- Cancellation will take effect at the end of the current billing cycle
- You will retain access to subscription features until the end of the paid period
- No refunds or credits will be issued for unused time in the current billing period
- Once canceled, Your subscription will not renew
4.3. Individual Course Access
Individual course purchases are not subscriptions and do not require cancellation. Access to purchased courses remains available as long as U Build Academy continues to operate the Platform.
5. Newsletter
By using Our Website and/or Our Services, or by otherwise using the Platform, You hereby consent to the receipt of a newsletter and/or other similar communications through the email or other contact information You provide to Us. The aim of such a newsletter or other communications is to keep You informed of Our Services and other marketing-related purposes. The receipt of such a newsletter or other communications is not mandatory and You may choose to opt-out of the receipt of the same at any time. Such opt-out procedures will be provided to You in such newsletter and/or other communications.
In accordance with Our Privacy Policy, Your consent to receive such a newsletter and/or other communications may result in the sharing of Your personal information with one or more third-parties.
We reserve the right to change, modify, or discontinue such a newsletter and/or other communication at any time, without notice to You. All such newsletters and/or other communications shall be subject to these Terms of Service.
6. License and Restrictions
6.1. Limited License
Upon successful purchase or subscription, U Build Academy grants Users a non-exclusive, non-transferable, revocable license to access and use training materials for:
- Individual purchases: Personal use or use within Your organization
- Subscription plans: Internal business purposes within the subscribing organization only
U Build Academy may collect, analyze, and use aggregated and de-identified data derived from user activity, course participation, assessments, and training outcomes for purposes including product improvement, benchmarking, analytics, industry reporting, and business development. Such aggregated data will not identify any individual user.
Users may display unmodified certificates of completion on professional platforms (such as LinkedIn) solely to reflect personal training achievements. Certificates may not be altered, misrepresented, or used to imply licensure, endorsement, or qualifications beyond the scope of the completed training.
Except where expressly permitted, course content may not be downloaded, copied, stored, or retained outside of the platform. Any downloadable materials, if provided, may be used solely for internal training purposes in accordance with these Terms of Service.
Internal reuse of course materials, including for training other individuals within an organization, is permitted only where expressly authorized by U Build Academy, including through designated programs such as “train the trainer” offerings.
6.2. Prohibited Uses
Users may not:
- Share, distribute, or resell course content without explicit written permission
- Modify, copy, or create derivative works based on Our training materials
- Attempt to circumvent any security or access controls
- Use Our Services in a manner that violates applicable laws or infringes upon third-party rights
- Share account credentials or allow unauthorized access to subscription accounts
- Download or reproduce course materials for distribution outside of Your organization
- Record, capture, stream, or otherwise reproduce course content for redistribution
- Use the Services or course materials to develop, train, or improve a competing product or service
- Scrape, extract, harvest, or systematically download content or data from the Services
- Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying structure of any software, recommendation engine, or learning analytics tool used in the Services
- Post or share content that promotes unsafe construction practices or misuse of products
- Share login credentials or allow multiple individuals to access the Services through a single account
Unauthorized use may result in immediate termination of access and legal action.
7. Data Privacy and Security
7.1. Data Collection and Use
U Build Academy collects and processes personal data in accordance with our Privacy Policy. By using Our Services, You consent to the collection, storage, and processing of Your personal information as described therein.
7.2. Third-Party Payment Processing
Payment details are processed through Stripe or other third-party payment providers. We do not store Your full payment card information. Payment processing is subject to the terms and privacy policies of our payment processors.
7.3. User Responsibilities
Users must safeguard their account credentials and immediately notify Us at help@ubuildacademy.com of any unauthorized access. We are not responsible for security breaches resulting from negligence in protecting login credentials.
7.4. Data Processing Roles
When an organization provides personal information of its employees, contractors, or users in connection with a subscription, U Build Academy processes such information on behalf of that organization for the purpose of providing the Services. In such cases, the organization is responsible for ensuring it has obtained all necessary permissions and consents.
For individual users who purchase courses directly, U Build Academy acts as the data controller with respect to personal information collected in connection with the Services.
8. Intellectual Property Rights
8.1. Ownership
In the course of providing Our Services, We have developed certain content, materials, proprietary know-how, inventions and/or trade secrets associated with the Services—including, but not limited, to Our Website, service marks and trademarks (e.g., U BUILD ACADEMY, etc.), designs, text, graphics, interfaces, and source code—that constitutes Our protected intellectual property, whether consisting of trademarks, trade dress, copyright, patents, trade secret, designs, or otherwise (“Our IP”). Such Services and any permitted use of Our IP are provided by Us solely for Your limited use in connection with said Services. All of Our IP, including, but not limited to, Our Website, designs, text, graphics, interfaces, and source code, and any other content disposed therein or thereon, are the sole and exclusive property of Us and shall only be used by You as expressly permitted pursuant to the use of the Services.
Certain of Our IP, such as Our Website and source code, and any associated software, documentation, and/or content, constitute works protectable under the Copyright Laws of the United States, international conventions, and other copyright laws, and are solely owned by Us. You may not copy, record, reproduce, upload, publish, broadcast, transmit, create derivative works from, publicly perform, publicly display, distribute, use for a commercial purpose, or otherwise exploit any of Our IP in any manner. The unauthorized use of such intellectual property, including the copying and/or storage of any of Our IP outside of the terms of this Agreement, is expressly prohibited.
Nothing in this Agreement shall be construed as providing You with a license to use any of Our IP apart from the limited uses described in this Agreement. All right, title, and interest in and to Our IP shall remain solely owned by Us. By using Our Website, purchasing Our Services, and/or using Our Services, You hereby acknowledge and agree that any use of Our IP not contemplated herein shall be actionable by Us. Any unauthorized use of any of Our IP may violate copyright laws, trademark laws, patent laws, and other applicable laws, regulations, and statutes.
Third-party course content (including ClickSafety OSHA courses) remains the intellectual property of the respective content providers and is protected by their applicable copyrights and trademarks.
If You provide suggestions, feedback, comments, or ideas regarding the Services (“Feedback”), You grant U Build Academy a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Services without compensation or attribution.
8.2. License Restrictions
Users are prohibited from:
- Copying, reproducing, or distributing Content without express written permission
- Using U Build Academy's trademarks, logos, or branding without authorization
- Claiming ownership of any Content provided by U Build Academy or third-party providers
- Reverse engineering, decompiling, or disassembling any software or technology used in our Services
- Recording, capturing, or redistributing any course content, whether created by U Build Academy or third-party providers
8.3. Enforcement
Unauthorized use of Our intellectual property or third-party intellectual property may result in immediate termination of access, legal action, and liability for damages. We actively monitor and enforce our intellectual property rights and those of Our content partners.
9. User Accounts
9.1. Account Creation
You are responsible for providing accurate and complete information when creating an account. You agree to:
- Provide truthful information during registration
- Maintain the accuracy of your account information
- Keep Your account credentials confidential
- Notify Us immediately of any unauthorized use of Your account
9.2. Account Security
You are solely responsible for all activities that occur under Your account. We are not liable for any loss or damage arising from Your failure to protect Your account credentials.
9.3. Account Termination by User
Individual users may delete their accounts at any time. Company subscribers may cancel subscriptions as outlined in Section 4.2. Termination does not entitle Users to refunds.
9.4. Organizational Accounts
If Your account is created, provisioned, or managed by a company, employer, contractor, or other organization, that organization may have administrative control over Your account. Such organization may access, modify, export, restrict, or delete account information, training progress, certifications, and related data.
Organizations may provision individual logins for team members. Each login is intended for a single authorized user and may not be shared. Organizations are responsible for managing user permissions and ensuring that only authorized personnel access the Services.
U Build Academy is not responsible for disputes between users and their organizations regarding account access or data ownership.
In cases where an organization is the client, the purchasing organization is the account owner and may designate one or more administrators to manage the account. Organizations may assign and reassign course access to individual users (each, a “seat”) at their discretion.
Organizations may monitor, access, and export user activity, including course progress, assessment results, and completion records.
Access to courses, training progress, and certificates may be modified, reassigned, or revoked by the organization at any time.
9.5. User Content and Interactions
The Services may allow You to post comments, reviews, messages, images, or other content (“User Content”) and interact with other users.
You are solely responsible for Your User Content and represent that You have all necessary rights to submit it. You agree not to post content that is unlawful, infringing, defamatory, harassing, unsafe, or misleading.
By submitting User Content, You grant U Build Academy a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content in connection with the Services. User Content is visible only within the relevant course environment and is not generally accessible platform-wide or to the public.
We reserve the right, but not the obligation, to remove User Content at Our discretion. We may use user reviews or testimonials for marketing or promotional purposes at our discretion.
10. Termination and Suspension by U Build Academy
10.1. Right to Terminate
We reserve the right to suspend or terminate User access to Our Services immediately and without notice if:
- The User violates these Terms of Service
- Payment is not successfully processed or is reversed
- Unauthorized, fraudulent, or illegal activity is suspected
- The User shares account credentials or course content in violation of Section 5
- We are required to do so by law or legal authority
10.2. Effect of Termination
Termination or suspension for policy violations results in:
- Immediate loss of access to all Services, including purchased courses
- No refund or credit for any purchases or subscription fees paid
- Potential legal action for damages caused by the violation
10.3. Data Retention
Upon termination, We may retain certain data as required for legal, accounting, or security purposes as outlined in Our Privacy Policy.
10.4. Account Closure and Data Handling
Users may request account closure by contacting U Build Academy or using available account settings. Upon closure, access to the Services will be disabled; however, training records, certifications, transaction history, and other data may be retained for verification, legal, compliance, or security purposes, as described in Our Privacy Policy.
11. Disclaimers and Warranties
11.1. “As Is” Basis
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES, OR ANY LINKED WEBSITES, OR THE SERVICES OFFERED FOR SALE ON THE WEBSITE. FURTHER, WE MAKE NO REPRESENTATION THAT THE CONTENT PROVIDED ON THE WEBSITE OR THROUGH OUR SERVICES IS APPLICABLE OR APPROPRIATE FOR USE IN ALL LOCATIONS THROUGHOUT THE WORLD. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE WEBSITE AND ANY SERVICES ASSOCIATED THEREWITH, DATA, OR INFORMATION CONTAINED ON THE WEBSITE AND/OR SERVICES, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR IN CONNECTION WITH THE SERVICES OR ANY LINKED SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, SHALL CREATE A WARRANTY.
11.2. No Guarantee of Results
U Build Academy makes no guarantee that:
- The Services will meet Your specific requirements
- Course completion will result in certification, employment, or any specific outcome
- The Services will be uninterrupted, timely, secure, or error-free
- Any errors or defects will be corrected
11.3. Training Content
While We strive to provide accurate and up-to-date training content, U Build Academy does not warrant that all information is complete, accurate, or current. Users are responsible for verifying information and complying with all applicable regulations in their jurisdiction. Completion of any course, assessment, or issuance of a certificate does not constitute professional licensure, regulatory approval, or assurance of jobsite safety, performance, or compliance. Users and organizations remain solely responsible for implementation and regulatory compliance.
Training materials may contain technical, typographical, regulatory, or instructional errors. We do not warrant that course content is complete, current, or applicable to every workplace or jurisdiction. We may modify, update, replace, or discontinue training content at any time without notice.
For individually purchased courses, users are granted “lifetime access,” meaning access will continue for as long as the course remains available on the Platform. We reserve the right to modify, replace, or discontinue courses at any time.
Certificates of completion may include expiration dates and may require retraining or recertification.
We reserve the right to revoke certificates in cases of suspected fraud, misuse, academic dishonesty, or violation of these Terms of Service.
Users may re-download certificates while their account remains active; however, We do not guarantee that previously issued certificates will remain valid for regulatory, employment, or compliance purposes.
11.4. Third-Party Content Disclaimer
U BUILD ACADEMY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THIRD-PARTY COURSE CONTENT, INCLUDING CLICKSAFETY COURSES. We are not responsible for:
- The accuracy, completeness, or quality of third-party course content
- Technical issues or errors within the Platform or other third-party course platform(s)
- Changes to third-party course content, availability, or certification processes
- Certification outcomes or acceptance by regulatory bodies
- Third-party provider policies or business practices
Users acknowledge that third-party courses are governed by the respective provider's terms and that U Build Academy's role is limited to reselling and hosting access to such content.
12. Limitation of Liability
12.1. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL U BUILD ACADEMY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of profits, data, use, goodwill, or other intangible losses
- Damages resulting from unauthorized access to or use of Our servers or any personal information stored therein
- Interruption or cessation of Services
- Any bugs, viruses, or other harmful code transmitted through the Services
- Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content
- Issues arising from third-party course content, including but not limited to ClickSafety courses
- Failure to obtain certification or meet regulatory requirements through third-party courses
- Discontinuation or unavailability of third-party course offerings
- Claims arising from workplace incidents, construction defects, safety violations, regulatory penalties, or reliance on training content or certification status
12.2. Maximum Liability
IN NO EVENT SHALL U BUILD ACADEMY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO U BUILD ACADEMY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
12.3. Third-Party Provider Liability
U BUILD ACADEMY IS NOT LIABLE FOR ANY CLAIMS, DAMAGES, OR ISSUES ARISING FROM THIRD-PARTY COURSE CONTENT OR SERVICES. Any disputes regarding third-party content must be directed to the respective content provider. This limitation applies even if third-party courses were purchased through the Platform.
12.4. Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to You.
13. Indemnification
You agree to defend, indemnify, and hold harmless U Build Academy, LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Service
- Your violation of any rights of another party, including intellectual property rights
- Your misuse of Our Services
- Any content or information You submit or transmit through Our Services
- Implementation or application of training materials in a manner that is unsafe, non-compliant, or inconsistent with applicable regulations
- Reliance by an employer or third party on a user's certification or training status
- User-generated content, uploaded materials, or submitted information
- Violation of applicable workplace safety or employment laws
14. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
14.1. Binding Arbitration Agreement
YOU AND U BUILD ACADEMY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT AS SET FORTH BELOW.
This arbitration agreement includes, but is not limited to, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion thereof.
14.2. Arbitration Procedures
- Disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
- The arbitration shall take place in Broward County, Florida
- The arbitrator's decision shall be final and binding
- Judgment on the arbitration award may be entered in any court having jurisdiction
- Each party shall bear its own costs and expenses, including attorneys' fees, unless the arbitrator determines otherwise
14.3. Waiver of Class Actions and Jury Trial
YOU AND U BUILD ACADEMY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND U BUILD ACADEMY WAIVE ANY RIGHT TO A JURY TRIAL.
14.4. Exceptions to Arbitration
Either party may seek resolution in small claims court for disputes or claims within the scope of that court's jurisdiction. Additionally, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
14.5. Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to help@ubuildacademy.com within thirty (30) days of first accepting these Terms of Service. Your notice must include Your name, address, and a clear statement that You wish to opt out of this arbitration agreement. If You opt out, all other parts of these Terms of Service will continue to apply.
15. Governing Law and Jurisdiction
15.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
15.2. Jurisdiction
Subject to the arbitration provisions in Section 13, You agree to submit to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida for resolution of any disputes not subject to arbitration.
16. Modifications to Terms
16.1. Right to Modify
U Build Academy reserves the right to modify, amend, or update these Terms of Service at any time. Changes will be effective immediately upon posting to Our Website unless otherwise specified.
16.2. Notice of Changes
We will notify users of material changes by:
- Posting a notice on Our Website
- Sending an email to the address associated with Your account (for registered users)
- Updating the “Last Updated” date at the top of these Terms of Service
For organizational subscribers, We will use commercially reasonable efforts to provide advance notice of material changes that substantially affect subscription rights or obligations.
16.3. Continued Use
Your continued use of Our Services after any modifications constitutes Your acceptance of the updated Terms of Service. If You do not agree to the modified Terms of Service, You must discontinue use of Our Services.
17. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
18. Entire Agreement
These Terms of Service, together with Our Privacy Policy and any other legal notices or agreements published by U Build Academy, constitute the entire agreement between You and U Build Academy concerning the Services and supersede any prior agreements, representations, or understandings.
19. No Waiver
The failure of U Build Academy to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of U Build Academy.
20. Assignment
You may not assign or transfer these Terms of Service or Your rights hereunder, in whole or in part, without Our prior written consent. U Build Academy may assign these Terms of Service at any time without notice to You.
21. Force Majeure
Any failure or delay in performance by either party shall be excused if such failure or delay in performance was caused by an Act of God (fire, flood, earthquake, storm, hurricane, or other natural disaster), pandemic, epidemic, war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, government actions, lockout or interruption or failure of electricity of network service, or other cause beyond the reasonable control of the parties.
22. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If You have an intellectual property rights-related complaint about any content used on Our Website or in connection with Our Services, You may contact Our Designated Agent at the following address:
Malloy & Malloy, P.L.
2800 S.W. 3rd Ave.
Historic Coral Way
Miami, FL 33129
Tel: (305) 858-8000
Fax: (305) 858-0008
Email: DMCA@malloylaw.com
Any notice alleging Our content and/or Services infringe upon the intellectual property rights of another must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property allegedly being infringed upon;
- a description of the intellectual property claimed to be infringed upon;
- a description of the material asserted to be infringing upon such intellectual property, and the identification of its location within Our Website and/or Services;
- Your contact information, including Your address, telephone number, and email address;
- a statement that You have a good-faith belief that the use of the materials on Our Website and/or Services (of which You are complaining) is not authorized by the owner of such intellectual property; and
- a statement that the information You are providing is accurate and that, under penalty of perjury, You are the owner of such intellectual property or are authorized to act on such owner's behalf.
Please be advised that if You materially misrepresent that any material is infringing, You will be liable for any damages, including costs and attorneys' fees, incurred as a result of such allegations under 17 U.S.C. § 512(f).
23. Contact Information
For inquiries regarding these Terms of Service, please contact Us at:
U Build Academy, LLC
Email: help@ubuildacademy.com
24. Acknowledgment
BY CREATING AN ACCOUNT, MAKING A PURCHASE, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 13.