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This Agreement (the “Agreement”) between Unify America, Inc. (“UA,” “we,” or “us”) and you (“you”) states the terms and conditions under which you may access and use the UA website and all programming and resources made available by UA, including, but not limited to, the Civic Gym, the Unify Challenge, and all other content made available by UA (collectively, the “Software”).
1. Acceptance.
a. BY ACCESSING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY (available here), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SOFTWARE.
b. You must be at least 13 years old to use the Software. By using the Software, you represent that you are (1) at least 18 years of age (or an emancipated minor) and are fully able and competent to enter into this Agreement, or (2) at least 13 years of age and your legal parent(s) guardian(s) consent to your use of the Software and agree to be bound by this Agreement in respect of your use of the Software. Children under the age of 13 are not permitted to use the Software.
2. Personal License. So long as you don’t violate any part of this Agreement, UA grants you a non-exclusive and non-transferable license to use the Software solely for your personal and non-commercial use. You may not copy, change, distribute, publicly display, or otherwise exploit the Software except as specifically stated in this Agreement.
3. Higher Ed Group License. Licenses to UA’s Civic Gym platform (whether for a group of students enrolled in a single class, for all students at a given institution, or otherwise) can be purchased via an invoice from UA. Such Higher Ed Group Licenses are available to administration, faculty or staff members at higher education institutions. Use of the platform by students outside the scope of such license for which the purchase is made is strictly forbidden. A Higher Ed Group License is non-transferable and the fee for such license is non-refundable. If you would like to obtain a Higher Ed Group License, please reach out to partnerships@unifyamerica.org.
4. Ownership. UA owns the Software as a whole and every piece belongs to us—whether the art, words, computer code, music, or any other part. If you make a suggestion to us for any type of addition or other change to the Software (an “Idea”), you agree that UA shall own that Idea and you are not entitled to any money, credit, or other compensation—but, if you provide a good Idea, you have our thanks, and the thanks of other users of the Software.
5. Your information. The Software may ask you some questions about yourself. You agree that UA may collect, use, and share any information that you provide so long as we comply with our Privacy Policy (which you can find at https://www.unifyamerica.org/pages/privacy-policy).
6. What you won’t do. You promise that you won’t attempt to:
In addition, UA’s programs are based on civil, constructive, and respectful dialogue. Any interactions you have with or via UA must be consistent with such principles.
7. Other sites or resources. Sometimes, the Software might refer you to a non-UA website or other resource. You understand and agree that UA is not responsible for these third-party websites or resources. Use of such websites or resources is your choice and responsibility, and you assume all risk for such use. Also, use of such resources may require your acceptance of that third party’s own terms and conditions.
8. DISCLAIMER OF WARRANTY. YOUR ACCESS TO AND USE OF THE SOFTWARE OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, UA (FOR ITSELF AND ITS LICENSORS, LICENSEES, AND PARTNERS) DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SOFTWARE OR ANY CONTENT THEREIN. WE MAKE NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UA OR THROUGH THE SOFTWARE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UA AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE; (ii) ANY CONTENT OBTAINED FROM OR RELATED TO THE SOFTWARE; (iii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH); OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN (IF ANY) IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH UA RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL BE CEASING USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT PAID ON YOUR BEHALF TO UA FOR THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification. You agree to indemnify, defend and hold UA harmless from and against all claims, causes of action, demands, obligations, damages, losses, liabilities, fines, penalties and expenses (including but not limited to attorneys’ fees) incurred by UA arising out of or in connection with: (1) any violation by you of this Agreement; (2) any activity related to your use of the Software, be it by you or by any other person accessing your account with or without your consent, (3) the infringement of any third party’s rights, including intellectual property rights, by you, (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, (5) any misrepresentation made by you, or (6) your negligence or willful misconduct. You will cooperate as fully required by UA in the defense of any claim. UA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of UA. This indemnification obligation will survive any termination of this Agreement and cessation of your use of the Software.
11. Term. This Agreement shall start when you first start using the Software. UA may at any time and for any reason, suspend or terminate this Agreement with or without prior notice. Once the Agreement is terminated, you shall stop any use of the Software.
12. Changes to Agreement. UA may modify this Agreement at any time, and you agree to be bound by such modifications. Any such modification will be effective immediately—or, where required by law, up to 30 days after publication. Your continued use of the Software after any modifications to this Agreement are posted will constitute your acceptance of such changes. If you object to any modification, your sole recourse shall be to stop using the Software.
13. General.
a. Entire agreement. This Agreement states your entire agreement with UA regarding use of the Software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the rest of this Agreement shall remain in force.
b. Waiver. No delay or failure to take action under this Agreement shall constitute any waiver by UA of any provision of this Agreement.
c. Disputes. This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with UA or affiliates or relating in any way to your use of the Software resides exclusively in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois, Cook County, in connection with any such dispute. In the event that UA is required to incur costs, including reasonable attorneys fees, to defend or enforce UA’s rights hereunder, you will pay or reimburse such defense or enforcement costs.
d. Time limit. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or such claim shall be barred.
e. Effect of termination. Sections 4-5, 8-10 and 13 of this Agreement, as well as all obligations and restrictions placed upon you by this Agreement, shall survive termination of the Agreement.
f. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UA without restriction.
14. Questions? If you have any questions about this Agreement, please contact us at info@unifyamerica.org or write to us at:
Unify America, Inc.
3701 N. Ravenswood
Suite 202
Chicago, IL 60613
Attn: Legal
Last Updated: June 11, 2025
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