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IMPORTANT: ALL USERS MUST READ THIS DOCUMENT CAREFULLY.
- By becoming a subscriber, you gain access to all of the DigitalGroundUp courses, course materials, and elevated support levels for the duration of your subscription.
- You are required to create an account in order to purchase any course from our site. This is required so we can provide you with easy access to your courses, view your past purchases, and modify your preferences.
- DigitalGroundUp takes no responsibility for the service or product being offered, and the End User takes responsibility for his or her own actions in utilizing the services or products on DigitalGroundUp. See Section 8, below, for more information on this limitation of DigitalGroundUp's liability.
- If you have any questions about these terms, please contact DigitalGroundUp. To read the complete DigitalGroundUp Terms and Conditions, please see below.
ACCEPTANCE OF TERMS AND CONDITIONS
BY ACCESSING OR USING THE SITE , YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SITE. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.
YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY.
We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time, upon the provision of reasonable notice thereof to you, which may include, for example, sending you an e-mail or posting an announcement on the Site. Such amendments may include changes to fees and charges. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Site or as otherwise provided by us. From time to time, we may post on the Site or otherwise notify you of additional or different rules and policies relating to the Site. These rules and policies shall thereafter be part of this Agreement. If you use the Site after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.
The Site and Microsites include information services, content and transaction capabilities provided by DigitalGroundUp, affiliates of DigitalGroundUp and other third parties. We provide the Site and Microsites for entertainment, educational and promotional purposes only. You may not rely on any information or opinions expressed on the Site or any Microsite for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of content appearing on the Site or any Microsite. We do not endorse or warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Site or any Microsite by anyone other than our authorized employees or spokespersons while acting in their official capacities.
The right to use the Site and any Microsite is personal to End-User, may be revoked by us at any time, and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that there may be interruptions in service or events that are beyond the control of DigitalGroundUp, and DigitalGroundUp shall not be responsible for any data lost while transmitting information on the Internet. While it is DigitalGroundUp's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site and Microsites may be unavailable from time to time for any reason including, without limitation, routine maintenance. End User understands and acknowledges that due to circumstances both within and outside of the control of DigitalGroundUp, access to the Site and Microsites may be interrupted, suspended or terminated from time to time.
DigitalGroundUp shall have the right at any time to change or discontinue the Site or any aspect or feature of the Site, any Microsite, or related products or services, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, DigitalGroundUp may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Permitted Uses
The Site and certain Microsites provide an interactive online service operated by DigitalGroundUp consisting primarily of the sale and offering of online courses ("courses") available to its users. Courses may be purchased by registered DigitalGroundUp account holders and may be used only in accordance to with the Terms of Sale (below) and with this Agreement (including the Permitted Uses set forth below) and with any other rules posted by us on the Site or any Microsite. As a condition of your use of this Site or any Microsite, you agree that:
- You are an individual person or company;
- You are over 13 years of age;
- Your use of this Site will at all times comply with the terms of this Agreement;
If you elect to create an account:
- You may create only one account for your personal use and one account for your company use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone else that accesses it using your account credentials.
- You have all necessary rights to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware, Internet, and other equipment needed for access to and use of this Site, any Microsite, and all charges related thereto. DigitalGroundUp shall not be liable for any damages to the End User's equipment resulting from the use of this Site or any Microsite.
5. End User Conduct
The foregoing provisions of this Section 5 apply equally to and are for the benefit of DigitalGroundUp, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of DigitalGroundUp Inc. or its licensors. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, SCANNING, SCRAPING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES OR CONTENT THEREONWITHOUT THE EXPRESS WRITTEN PERMISSION OF DIGITALGROUNDUP INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
The Site and the Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Site and Microsites are protected by copyright as a collective work under the United States copyright laws. DigitalGroundUp owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Site and Microsites, in whole or in part. End User may download / print / save one (1) copy of copyrighted material for End User's personal non-commercial use only. No copying, redistribution, retransmission, publication or commercial exploitation of content available on or through the Site or any Microsite is permitted without the express written permission of DigitalGroundUp or the underlying rights holder. If permission to copy, redistribute or publish copyrighted material available on or via the Site or any Microsite is so provided, you agree that no changes in, or deletion of, author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site, a Microsite, or a web site otherwise owned or operated in conjunction with DigitalGroundUp shall not be deemed to be in the public domain but rather are the exclusive property of DigitalGroundUp or its licensors.
End User shall not upload, post or otherwise make available on this Site or any Microsite any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. DigitalGroundUp does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting, posting, uploading or transmitting material to the Site or any Microsite, End User grants to DigitalGroundUp the royalty-free, perpetual, irrevocable, fully-sublicensable (through multiple tiers), transferable non-exclusive right and license to use, reproduce, host, store, modify, adapt, publish, translate, publicly perform, publicly display, and distribute and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, (i) in connection with our business, and (ii) in connection with the business of our successors, subsidiaries, and their related companies. End User also grants all other End Users the right to access, view, download, store and reproduce one (1) copy of the material submitted by such End User for other end users personal non-commercial use to the extent permitted by the features and functionalities of the Site or any Microsite. You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of the Site, any Microsite, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback, suggestions, and ideas you provide to us in any way. You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf. By submitting content or materials to us, you also grant us the right to use your name, picture, likeness, voice, and biographical information in connection with the use or publication of such material.
In connection with content that you upload, submit, post, or otherwise make available via the Site or any Microsite, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant to us all of the rights granted herein. You understand that we may (a) transmit or distribute your content over various public networks and in various media; (b) make such changes to your content as determined by us in our sole discretion (including, without limitation, changes to conform and adapt content to the technical requirements of connecting networks, devices, services or media); and (c) display advertisements in connection with your content and/or use your content for advertising and promotional purposes. You agree that the rights and licenses you grant to us in this Agreement shall permit us to take these actions.
You represent and warrant to us that you have the full right, capacity, power and authority necessary to grant the rights and licenses granted herein
The foregoing provisions of Section 6 apply equally to and are for the benefit of DigitalGroundUp, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.
8. Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES AND ANY MATERIAL THEREON IS AT END USER'S SOLE RISK. NEITHER DIGITALGROUNDUP, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ANY RELATED PRODUCTS OR SERVICES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS AVAILABLE THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT DIGITALGROUNDUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL DIGITALGROUNDUP, ITS OFFICERS, DIRECTORS OR EMPLOYEES, OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE LIMITATIONS SET FORTH ABOVE, NEITHER DIGITALGROUNDUP, NOR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, THIRD PARTY INFORMATION PROVIDERS OR THIRD PARTY CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
DIGITALGROUNDUP IS NOT RESPONSIBLE FOR ANY CONTENT POSTED ON THIS SITE OR ANY OF THE MICROSITES BY ANY THIRD PARTY. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY DIGITALGROUNDUP. MOREOVER, DIGITALGROUNDUP RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, DIGITALGROUNDUP, DEEMS UNSUITABLE.
DigitalGroundUp shall have the right, but not the obligation, to monitor the content of the Site or any Microsite, at all times, including any chat rooms and forums that may hereinafter be included as part of the Site or any Microsite, to determine compliance with this Agreement and any operating rules established by DigitalGroundUp, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, DigitalGroundUp shall have the right to remove any material from the Site or any Microsite for any reason or no reason, in its sole discretion.
You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys' fees, with respect to (i) your access, use or misuse of, or reliance upon, the Site or Microsite, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) content provided by you or through use of your account, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
DigitalGroundUp may terminate this Agreement at any time. Without limiting the foregoing, DigitalGroundUp shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which DigitalGroundUp, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.
DigitalGroundUp is a trademark of DigitalGroundUp, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DigitalGroundUp are the property of their respective owners.
14. Third Party Content
DigitalGroundUp, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other End Users are those of the respective author(s) or distributors) and not of DigitalGroundUp. Neither DigitalGroundUp nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through this Site or any Microsite represents the opinions and judgments of third parties. DigitalGroundUp neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site or any Microsite by anyone other than authorized DigitalGroundUp employee spokespersons while acting in official capacities. Under no circumstances will DigitalGroundUp be liable for any loss or damage caused by an End User's reliance on information obtained by or through DigitalGroundUp, including but not limited to on the Site or any Microsite. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site or any Microsite.
Both the Site and Microsite may contain links to third party web sites maintained by other content providers and third parties. These links are provided solely as a convenience to you and not as an endorsement by DigitalGroundUp of the contents on such third-party sites and DigitalGroundUp hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party web sites. If End User decides to access linked third-party web sites, End User does so at its own risk. DigitalGroundUp reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, the Terms of Sale (available below) and any operating rules for DigitalGroundUp established by DigitalGroundUp constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
DigitalGroundUp's headquarters are in Chicago, Illinois. This Agreement and your relationship with us under this Agreement shall be governed by the laws of the State of Illinois (exclusive of its rules regarding conflicts of laws). End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Chicago, Illinois under the rules of arbitration of the American Arbitration Association.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
II. TERMS OF SALE
By placing an Order, you:
- Agree to subscribe to DigitalGroundUp courses;
- Receive a free specified trialperiod of unlimited access to the Site and the courses;
- Agree that commencing upon the expiration of the trial period, and monthly thereafter until cancelled by DigitalGroundUp, or by you at least ten (10) days prior to the end of any monthly period, DigitalGroundUp shall charge your credit cardthe monthly subscription price of $99.00 plus applicable sales, use or other taxes; and
- Shall be entitled to customer support from the DigitalGroundUp team, that will respond to any question within 48 hours.
You are required to create an account in order to subscribe to DigitalGroundUp. This is required so we can provide you with easy access to your courses, track your progress, modify your preferences, and to ensure permissible use of the Site and the courses.
You agree to provide us or any authorized third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase. You shall be responsible for all charges made to your account as well as for any applicable taxes. All subscription sales are final. If you are unable to access any course, please contact us via e-mail to the address specified on the Site.
Your right to access any courses is conditional on our receipt of your monthly subscription payment. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your subscription.
We attempt to be as accurate as possible in describing our courses; however, we do not warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Site or a Microsite that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted).
We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all courses or to cancel any subscription.
You acknowledge and agree that, unless otherwise agreed in writing by us, we will have no obligation to provide you with support or maintenance in connection with the Site, any Microsite, or any courses, provided through the Site or Microsite.