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Terms of Use

Untapped Exchange

Welcome to theuntappedexchange.com (the “Site”), a website operated by Untapped Exchange, LLC (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site, including cohort-based training programs and accessibility research and testing engagements (the Site and services are collectively the “Services”).

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old.

If you are enrolling on behalf of an entity, organization, or company, the individual accepting this Agreement represents and warrants that they have the authority to bind that entity, and “you” refers to both the individual and the entity for purposes of this Agreement.

Privacy Policy

We respect the privacy of Service users. Please refer to our Privacy Policy, linked in the footer of our website, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

Accounts

Account Creation

In order to use certain features of the Services, you may need to register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Term and Termination section below.

Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Program Enrollment and Payment Terms

This section applies to enrollment in the Ask Better Questions cohort, the Accessible Products Lab, the Focused Feature Lab, and any other paid program or engagement we offer (each, a “Program”).

Enrollment and Fees

Programs are offered for a stated fee disclosed to you before purchase. Unless we explicitly state otherwise on the checkout page or in a signed agreement, our Programs are fixed-term engagements, not recurring subscriptions or memberships. Fees do not automatically renew. We may change pricing for future cohorts or engagements at any time; a price change will not affect a Program you have already enrolled in and paid for.

Payment

You are responsible for all fees, including applicable taxes, associated with your enrollment. You must provide accurate, current payment information. Where we offer a payment plan, you agree to complete all scheduled payments. Failure to pay does not cancel your enrollment obligation.

Chargebacks

If you have a dispute concerning any payment, please contact us first. Initiating a chargeback with your bank or card issuer instead of contacting us is a breach of your payment obligations and may result in immediate termination of your access to the Program.

Refunds

You may request a refund at any time before the start of the second scheduled session of your Program. No refunds are available once the second session has begun, regardless of attendance. This cutoff is tied to session count, not calendar days, so it applies consistently regardless of a Program's session cadence.

Cohort Confidentiality

If your Program involves bringing active projects, product work, or organizational information into a session, you agree to keep confidential any company names, product details, roadmaps, or project specifics disclosed by another participant in connection with the Program, and any personal information a Lived Experience Collaborator shares beyond what is directly used in a facilitated exercise. This obligation is mutual among all participants in a given Program. It does not apply to information that is already public or that you already knew before the Program. This obligation continues after the Program ends. A violation of this section may result in immediate removal from the Program without refund.

No Guarantee of Outcome

Participation in a Program provides instruction, facilitated practice, and structured collaboration with Lived Experience Collaborators. We do not guarantee any specific individual result, business outcome, or organizational change. You are responsible for how you apply what you learn.

Lived Experience Collaborators

Lived Experience Collaborators participate in Programs as paid, structural partners, not as guests, subjects, or one-time presenters. Nothing in this Agreement authorizes the use of a Collaborator's name, image, voice, or personal story in marketing or promotional material without that Collaborator's separate, specific, written consent, which is addressed in our agreements with Collaborators directly and is not granted by a participant's or client's use of the Services.

Professional and Organizational Disclaimer

Unless specifically stated otherwise, we and any guest facilitators or Collaborators are not providing legal, medical, or clinical advice. Information and instruction provided through a Program is general in nature and should not be treated as advice specific to your organization's legal or regulatory obligations, including accessibility compliance obligations.

Rights and Licenses

License to Use Site

We grant you a non-transferable, non-exclusive right to access and use the Services for your personal or, where you are enrolled on behalf of an organization, internal business use.

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Program materials; (b) you will not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; and (c) except as expressly stated in these terms, no part of the Services or Program materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. All copyright and other proprietary notices on any Services content must be retained on all copies.

Modification

We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except as expressly set forth in these Terms.

Ownership of the Services

Excluding your User Content and excluding a Lived Experience Collaborator's own lived experience and personal narrative, you acknowledge that all intellectual property rights in the Services, including our curriculum, methodology, and program materials, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title, or interest in that intellectual property. We reserve all rights not granted in this Agreement.

User Content

“User Content” means any information or content that a user submits to or posts on the Services or on social networking sites where we have a page or presence. You own your User Content. You are solely responsible for the User Content you post, upload, link to, or otherwise make available. We reserve the right to remove any User Content at our discretion.

By submitting User Content, you agree that:

  • You are solely responsible for your account and the activity that occurs under it;

  • You will not submit content that is copyrighted or subject to third-party proprietary rights unless you own those rights or have permission from the rightful owner;

  • You will abide by the Acceptable Use Policy below; and

  • We may determine whether your submissions comply with these Terms and may remove them or terminate your access with or without prior notice.

You are solely responsible for any liability, loss, or damage that results from your use of any User Content you make available through the Service. We do not pre-screen or monitor all User Content, though at our discretion we, or technology we use, may monitor your interactions with the Service.

License

You grant us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, and prepare derivative works of your User Content, solely for the purpose of operating and improving the Services. Any use of your name, image, voice, or story in our marketing or promotional materials requires your separate, specific consent and is not granted by this license alone.

Acceptable Use Policy

Your permission to use the Services is conditioned on the following. You agree that you will not:

  • Post information that is abusive, threatening, obscene, defamatory, or otherwise objectionable;

  • Use the Service for any unlawful purpose or to promote illegal activity;

  • Harass, abuse, or harm another person or group, including a Lived Experience Collaborator, facilitator, or other participant;

  • Use another user's account without permission;

  • Provide false or inaccurate information when registering;

  • Interfere with the proper functioning of the Service;

  • Take any action that imposes an unreasonable load on our servers or infrastructure;

  • Use the Site or its contents to advertise, solicit, or compete with our Services; or

  • Scrape, spider, crawl, or otherwise harvest data from the Service, or bypass technical measures restricting access.

Feedback

If you provide feedback, comments, or suggestions about the Services or a Program (“Feedback”), you agree that we may use that Feedback to improve our Services without compensation to you. We will treat Feedback as non-confidential. This does not extend to a Lived Experience Collaborator's personal story or lived experience shared in the course of a Program, which is addressed separately in our agreements with Collaborators.

Indemnity

You agree to indemnify and hold us, and our officers, employees, and agents, harmless, including reasonable attorneys' fees, from any claim or demand made by a third party due to or arising out of: (a) your use of the Services; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of applicable law. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You agree not to settle any such matter without our prior written consent.

Links to Other Sites and Materials

As part of the Service, we may provide links to third-party websites or content (“Third-Party Sites”). We have no control over Third-Party Sites and are not responsible for their content, promotions, or practices. If you leave the Site to access a Third-Party Site, you do so at your own risk and our Terms no longer govern. You should review the applicable terms and privacy practices of any site you navigate to from ours.

You are permitted to link to our Site for noncommercial purposes, provided you do so fairly and legally and without damaging our reputation. You may not link in a way that suggests any endorsement or association without our express written consent. We reserve the right to withdraw permission for any link.

Release

You release and forever discharge us, and our officers, employees, agents, successors, and assigns, from any past, present, or future dispute, claim, or cause of action arising directly or indirectly from any interaction with, or act or omission of, other Service users or Third-Party Sites.

Disclaimers

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR BE TO YOUR SATISFACTION.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO A GIVEN PROGRAM EXCEED THE AMOUNT YOU PAID US FOR THAT PROGRAM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

Term and Termination

This Agreement remains in full force while you use the Services. We may suspend your rights to use the Site or Services, or terminate this Agreement, at any time for any reason at our sole discretion, including for a violation of this Agreement. Upon termination, your right to access and use the Services ends immediately, and we will not be liable to you for any termination or resulting deletion of your User Content. Provisions that by their nature should survive termination will survive, including copyright, indemnity, trademark, limitation of liability, warranty, and jurisdictional provisions.

Copyright Policy

We respect the intellectual property of others and expect users of our Site and Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove infringing material and, in appropriate circumstances, terminate the access of repeat infringers. If you believe material on our Services infringes your copyright, send a written notice under 17 U.S.C. § 512(c) to our designated Copyright Agent, including:

  • Your physical or electronic signature;

  • Identification of the copyrighted work you claim has been infringed;

  • Identification of the material you claim is infringing and request removed, with enough information for us to locate it;

  • Your address, telephone number, and email address;

  • A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and

  • A statement, under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Under 17 U.S.C. § 512(f), knowingly misrepresenting that material is infringing can make you liable for damages, including costs and attorneys' fees.

Our designated Copyright Agent:

Untapped Exchange, LLC — Attn: Privacy Officer — 5900 Balcones Dr Ste 100, Austin, Texas 78731 — legal@theuntappedexchange.com.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW ANY CLAIM AGAINST US WILL BE RESOLVED.

Any claim or dispute at law or equity arising between you and us relating to this Agreement, your use of or access to the Services, or any products or services sold through the Services, will be resolved as set out below.

Choice of Law

This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Claim Limitations

Any cause of action arising out of or related to the Services must be commenced within one (1) year after it accrues, or it is permanently barred.

Agreement to Arbitrate

Any dispute or claim arising between you and us relating to this Agreement or your use of the Services will be resolved exclusively through final and binding arbitration rather than in court. You may instead assert your claim in small claims court in Travis County, Texas, if it qualifies, so long as it proceeds only on an individual basis. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be conducted by American Arbitration Association (AAA) under its applicable rules, before one commercial arbitrator with substantial experience in commercial contract disputes. Both parties agree that: (a) claims must be brought in an individual capacity, not as a plaintiff or class member in any class or representative proceeding; (b) the arbitrator may not consolidate claims or preside over any class or representative proceeding; (c) the arbitrator will honor recognized claims of privilege and privacy; (d) the arbitration will be confidential; (e) the arbitrator may award any individual relief permitted by applicable law; and (f) each side bears its own attorneys' fees and expenses unless a statute provides otherwise.

If subparts (a) or (b) above are found invalid or unenforceable, the entirety of this arbitration provision becomes void and neither party is bound to arbitrate. If any other part is found invalid, the remainder stays in effect. If a claim proceeds in court rather than arbitration, it will be brought exclusively in the state or federal courts of Travis County, Texas.

General Provisions

Entire Agreement

This Agreement constitutes the entire and exclusive understanding between us and you regarding the Services and Programs, and supersedes and replaces any prior oral or written understandings or agreements between us and you regarding the same.

Severability

If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be deemed omitted, and the remaining provisions will stay in full force and effect.

Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to do so without our consent is void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement binds and benefits the parties and their successors and permitted assigns.

Waiver

Our failure to enforce any right or provision of this Agreement is not a waiver of that right or provision. A waiver is effective only if in writing and signed by our authorized representative.

Notices

We may provide notices to you by email to the address on file, or by posting to the Services. For email notices, the date of receipt is the date the notice is transmitted.

General

Changes to Agreement

We may revise this Agreement from time to time. If we make substantial changes, we will notify you by email to your last provided address and/or by prominently posting notice on the Site. Significant changes take effect 30 days after notice is posted. Continued use of the Services after notice of changes means you accept those changes.

Copyright and Trademark

Copyright © 2026 Untapped Exchange, LLC. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of their respective owners. You may not use these marks without our prior written consent.

Contact

Untapped Exchange, LLC — contact@theuntappedexchange.com

Last Updated

This Agreement was last updated on July 29, 2026. Update this date any time the terms change.