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TERMS

Terms of Use

Understanding our terms of use ensures a transparent and mutually beneficial relationship between Colaberry and its users. Explore our guidelines for clarity and compliance.

Last Modified: March 25, 2022

 

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Colaberry Inc., (“Company,” “We,” or “Us”). The following terms and conditions, together with any documents we expressly incorporate by reference, (collectively referred to as “Terms of Use” or “Agreement”), govern your access to and use of https://training.colaberry.com/, http://refactored.ai (“Refactored”), any one of its subdomains or any domains (collectively referred to as “Website”), and any mobile application controlled by our Company (collectively referred to as “Applications”), including any content, functionality, and services offered on or through Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use our Website/Application. By using the Website/Application or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree that you have read, understood, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://refactored.ai/privacy/, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website/Application immediately. In the event that you create an account on Refactored (or what is called “Learning Management Platform”) for the purpose including but not limited to participate or being engaged in Xprize Program (2022) that this Company joins as one of the participants, you agree to the additional terms and conditions stipulated in subsequent “XPrize Section”.

This Website/Application is offered and available solely to individuals and employees of approved companies who are authorized by us to use it. Such users must be at least 18 years of age or older. By using this Website/Application, you represent and warrant that you are at least 18 years of age or older and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website/Application.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion without notice or liability. All changes are effective immediately when we post them and apply to all access to and use of the Website/Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website/Application.

Your continued use of the Website/Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website/Application, so you are aware of any changes, as they are binding on you.

Accessing the Website/Application and Account Security

We reserve the right to withdraw or amend this Website/Application, and any service or material we provide on the Website/Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website/Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website/Application, or the entire Website/Application to users, including but not limited to the registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website/Application.
  • Ensuring that all persons who access the Website/Application through your internet connection are aware of these Terms of Use and comply with them.

To access the Website/Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website/Application that all the information you provide on the Website/Application is correct, current, and complete. You agree that all information you provide to register with this Website/Application or otherwise, including, but not limited to, through the use of any interactive features on the Website/Application, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You acknowledge and agree that Company may use information about you which Company obtains either directly from you or which it obtains by the nature of your use of the Website/Application for any legitimate business purpose consistent with our Privacy Policy.

If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website/Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website/Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, videos, and audios, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Complying with all applicable copyright laws is the responsibility of the users. Third party content and software required by or made available by or through this Website/Application is the property of its respective owner and use is subject to the license or terms provided by such owner. Hypertext links may be provided only for users’ convenience and do not and should not be viewed as suggesting any association or endorsement. The content and the marks are provided on the Website/Application “AS IS” for your information and personal use only. No part of the Website/Application and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website/Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website/Application or any services or materials available through the Website/Application.

If you wish to make any use of material on the Website/Application other than that set out in this section, please address your request to: support@colaberry.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website/Application in breach of the Terms of Use, your right to use the Website/Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website/Application or any content on the Website/Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website/Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website/Application are the trademarks of their respective owners.

Prohibited User

You may use the Website/Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website/Application:

  • In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To capture, send, knowingly receive, download, save, upload, print, use, re-use or otherwise retain information and content available on the Website/Application that does not comply with the Content Standards set out in the Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website/Application, or which, as determined by us, may harm the Company or users of the Website/Application, or expose them to liability.

Additionally, you agree not to:

  • Use the Website/Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website/Application, including their ability to engage in real time activities through the Website/Application. To ensure that users of the Website/Application do not engage in Prohibited Uses, Company reserve the right to monitor the use of the Website/Application and reserves the right to revoke or deny access to users whose usage behavior exceeds normal limits, suggesting Prohibited Uses. The term “normal limits” shall be determined solely by the Company.
  • Use any robot, spider, or another automatic device, process, or means to access the Website/Application for any purpose, including monitoring or copying any of the material on the Website/Application.
  • Use any manual process to monitor or copy any of the material on the Website/Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website/Application.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website/Application, the server on which the Website/Application is stored, or any server, computer, or database connected to the Website/Application.
  • Attack the Website/Application via a denial-of-service attack or a distributed denial-of-service attack.
  • Use the Website/Application to advertise or offer to sell goods and services.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Attempt to impersonate another user or person or use the username of another user.
  • Otherwise, attempt to interfere with the proper working of the Website/Application.

User Contributions

The Website/Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter “post”) content or materials (collectively “User Contributions”) on or through the Website/Application.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contributions you post to the site will be considered non-confidential and non- proprietary. By providing any User Contributions on the Website/Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings.

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website/Application.

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website/Application or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website/Application.
  • Terminate or suspend your access to all or part of the Website/Application for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website/Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website/Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Confidentiality and Non-Disclosure

We shall have no obligation to provide or otherwise make available to users any of our confidential information and other learning materials, “collectively referred to as Confidential Information.” Users understand that Confidential Information means any of our proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, contracts, product plans, products, services, methodologies, practices, business workflows, training brochures, training material, lesson plans, samples, templates, documents, software code, pictures, video and audio recordings, lists of students, lists of trainees, list of recruiters, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to users by Company either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Users agree at all times during the term of the program and thereafter, to hold in strictest confidence, and not to use, except for the exclusive benefit of Company, or to disclose to any person, firm or corporation without the written authorization of the Board of Directors of Company, any Confidential Information of Company.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights including the rights of publicity and privacy of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please email us at support@colaberry.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website/Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website/Application, or by anyone who may be informed of any of its contents.
This Website/Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website/Application

We may update the content on this Website/Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website/Application may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website/Application

All information we collect on this Website/Application is subject to our Privacy Policy. By using the Website/Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods and/or services, or information formed through the Website/Application, or resulting from visits made by you, are governed by our Term of Sale or any existing agreement signed between you and us, which are incorporated here by reference.

Additional terms and conditions may also apply to specific portions, services, or features of the Website/Application. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website/Application and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website/Application may provide certain social media features that enable you to:

  • Link from your own or certain third-party Website/Applications to certain content on this Website/Application.
  • Send emails or other communications with certain content, or links to certain content, on this Website/Application.
  • Cause limited portions of content on this Website/Application to be displayed or appear to be displayed on your own or certain third-party Website/Applications.

You may use these features solely as they are provided by us, and solely with respect to the content, they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Website/Application that is not owned by you.
  • Cause the Website/Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website/Application other than the homepage.
  • Otherwise, take any action with respect to the materials on this Website/Application that is inconsistent with any other provision of these Terms of Use.

The Website/Application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website/Application

If the Website/Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Website/Applications linked to this Website/Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Website/Applications.

Geographic Restrictions

The owner of the Website/Application is based in the State of Texas in the United States. We provide this Website/Application for use only by persons located in the United States. We make no claims that the Website/Application or any of its content is accessible or appropriate outside of the United States. Access to the Website/Application may not be legal by certain persons or in certain countries. If you access the Website/Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the files available for downloading from the internet or the Website/Application will be free of viruses or other destructive code. You are responsible for implementing enough procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

In the event that you are the user of our video feedback system, you desire and voluntarily upload video and/or recordings as a practice and rehearsal of interview. You understand that Video Feedback system is an AI enabled and soft skills tool. The feedback is created based on the video recording that is passed through an artificial intelligence-based system. Therefore, the video feedback tool cannot and does not contain professional or career advice. The feedback is provided only for general information and shall not be relied on. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ALL INFORMATION IS PROVIDED “AS IS”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE/APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE/APPLICATION LINKED TO IT.
YOUR USE OF THE WEBSITE/APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APPLICATION IS AT YOUR OWN RISK. THE WEBSITE/APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE/APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE/APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE/APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE/APPLICATION, ANY WEBSITE/APPLICATIONS LINKED TO IT, ANY CONTENT ON THE WEBSITE/APPLICATION OR SUCH OTHER WEBSITE/APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Use or your use of the Website/Application, including, but not limited to, your User Contributions, any use of the Website/Application’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website/Application.

Governing Law and Jurisdiction

All matters relating to the Website/Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule whether of the State of Delaware or any other jurisdiction.

In any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website/Application, you agree to submit to the exclusive jurisdiction of, the state and federal courts sitting in Delaware, and waive any jurisdictional, revenue, or inconvenient forum objections to such courts although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website/Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE/APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Enter Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website/Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website/Application.

Your Comments and Concerns

This Website/Application is operated by Colaberry Inc. 200 Chisholm Place, Suite 200, Plano TX 75075. All other feedback, comments, requests for technical support, and other communications relating to the Website/Application should be directed to: support@colaberry.com.

XPRIZE SECTION

In additional to the terms and conditions above, you as the participant of Xprize Program understand that the following terms of use are entered into by and between You and Colaberry Inc., (“Company,” “We,” or “Us”) and shall be effective immediately when you start the process of creating an account on Refactored (Learning Management Platform). If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website/Application immediately.

You understand that we participate in XPrize Semifinals and are qualified for the Finals of XPRIZE Program in 2022 (the “Competition”).

As part of the Competition, this year we are offering 3 courses – Sterilization Technician; Food Supervisor and Sales Supervisor, and you as the participant (the “Learner”) will be provided for the certain courses provided.

You understand all the courses will be available on Learning Management Platform, which requires you to create the account and have access to the courses, and you shall be governed by all terms and conditions in this Agreement.

You understand that all courses will be set in such a way that the next chapter will be accessible after completing all necessary tasks in the preceding chapter.

You understand that the recruitment for the courses would be done through a social media campaign, working with public/state agencies working with Labor, Veteran Services or Workforce boards and finally by tapping into charities and nonprofits.

You understand that the purpose of us to join Xprize Program is to help unemployed people who are authorized to work in the United State but have barriers to obtain the employment.

You understand and agree that we must comply with the requirements and standards of Competition, which requires us, as one of the participants, to submit the Learner’s personal information for the purpose of verification. The personal information will include demographics, social security number, and household economic data including but not limited to employment status, last pay rate, and number of child dependents.

You shall read the following section carefully. It is important to review before you continue using Website and Applications. You are strongly advised to seek legal assistance and your continued use of the Website/Application means that you accept and agree to the terms and condition herein. You are expected to check this page each time you access this Website/Application, so that you are aware of any changes, as these are binding on you.

By continued use of the Website/Application, you agree and acknowledge that we will collect your personal information including demographics, social security number, and household economic data including but not limited to employment status, last pay rate, and number of child dependents, as a precondition of your participation of the course. You further authorize us to release your information above to XPrize and the third-parties who partnered in the Competition for the purpose of verification your qualification as the Learner. You understand that we have the right to collect your personal information specified above during your use of the Websites and Applications and you understand that the requested and provided personal information is needed to determine the eligibility of the Learner.

You understand if you have any questions regarding this section, you have the right to contact us at support@colaberry.com.