Digital Badge Academy, LLC User Agreement
1. Access to, and Use of Information on the Site.
2. Use of Services Available on, or Through the Site.
3. User Conduct on the Site.
4. Collection, Storage and Use of Information about Users.
5. General Terms.
1. ACCESS TO, AND USE OF INFORMATION ON THE SITE.
A. Areas of Unsecured Access. Digital Badge Academy LLC (“DBA”) is the owner of the Site. The compilation of information contained in the areas of the Site that are available without restrictions (“Unsecured Areas”), as well as all of the text, graphics, code, images and other copyrightable material created by or on behalf of DBA and displayed in the Unsecured Areas, are owned exclusively by DBA. Any copyrightable material licensed by DBA and utilized in connection with the Site belong so the licensor, subject to DBA’s rights as licensee.
B. Restricted Areas. Some areas of the Site are accessible only by express consent of DBA and are password protected (“Restricted Areas”). Those include areas in which Digital Badge Academy training is conducted. All of the text, graphics, images, compilations and other copyrightable material contained in the Restricted Areas of the Site are owned exclusively by DBA. All rights are reserved. You agree to enter into, and comply with DBA’s User or Client Agreements when accessing Restricted Areas or utilizing Digital Badge Academy or other DBA services. A copy of DBA’s User or Client Agreement is available on request at email@example.com. Use of the Restricted Areas of the Site is subject to the terms of the User Agreement or the Client Agreement, as applicable. No copying, reproduction, or other use of the content of the Restricted Areas of the Site is permitted without DBA’s prior written consent.
C. Software and Database Structure. All software and databases utilized to operate the Site including, without limitation, all code contained in the Site (collectively, “Software”), are owned by DBA or, if applicable, its licensors. Any unauthorized access to, or reproduction, redistribution, publication, display or other use of the Software is expressly prohibited.
D. Ability to Restrict Use of the Site. DBA reserves the right to deny access to the Site or to discontinue existing services at any time to any user.
E. Linking to Site. If you operate a website and wish to link the Site, you must link only to the Site’s home page unless we have given you prior written consent to link to another page(s). We reserve the right to reject or terminate any links to the Site or to content on the Site.
F. Trademarks. Words, phrases, names, designs or logos used on the Site (including Digital Badge Academy, Digital Badge Academy Master Class, or Digital Badge Academy Insider constitute trademarks, service marks or trade names of DBA or, where applicable, the third party source of identified products or services. The display of any marks on the Site is not intended to, and does not grant to users a license to utilize those marks without the express written consent of DBA. You cannot alter or remove any “™” or “®” or other notice of trademark rights from any permitted copies of content of the Site which you obtain. Furthermore, you are not permitted to utilize marks or content from the Site in any manner that implies an affiliation or association with, or sponsorship or endorsement by DBA that is unknown and or unauthorized by us. Unauthorized use, dilution, or infringement of trademarks that appear on the Site is strictly prohibited.
H. Confidentiality and Security. If you register with us, thereby establishing an account with DBA, you are responsible for maintaining the confidentiality of information that you provide us and for taking the proper security measures to prevent the unauthorized use of your account. You also agree to accept full responsibility for all activities that occur under your account.
I. No Warranties of Site Performance. Access to the Site is provided on an “as is” basis. You should not assume that your use of the Site will be error-free or that the Site will always operate without interruption, or that you will obtain any particular result from use of DBA’s resources or services.
DBA disclaims, to the maximum extent permitted by law, all express or implied warranties, representations and conditions regarding use or performance of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.
J. Website and Digital Badge Academy Content. We attempt to be as accurate as possible in providing information on our Site. We do not warrant, however, that evaluation tool results, product or service descriptions, and any other Site content are accurate, complete, reliable, current, or error-free. If a service that we offer is not as described, your sole remedy is to request a refund.
K. Limitation of Liability. In no event, whether because of a claim of breach of warranty, breach of contract, negligence, or other reason, will DBA be responsible to pay you more than what you paid to us for a service we provided. You are specifically not entitled to recover incidental, consequential or punitive damages arising out of, or in connection with your use of the Site, including any delay, loss of use, lost data, or lost profits damage claims, regardless of whether we were informed of the possibility of consequential or other damages.
2. USE OF SERVICES AVAILABLE ON, OR THROUGH THE SITE.
A. Minimum Age. No one under eighteen (18) years of age is permitted to contract for services we offer on the Site. The information and services offered on the Site are specifically targeted to adults.
C. Prices, Fees and Terms. Unless otherwise stated, all prices are quoted on the Site in U.S. Dollars. You agree that you are responsible for paying for services purchased and all applicable fees, such as sales tax, service fees, and shipping and handling charges. Prices are subject to change without notice. Temporary changes to prices (e.g., discounts and free promotional offers) are effective after we post such information on our Site. We reserve the right to change, suspend, or discontinue applicable fees for our services at any time. We also reserve the right to charge you an 18% APR (i.e., annual rate of interest) for all past due amounts owed to us.
D. Third Party Services. You may, from time to time, be able to obtain or access services from third parties on, or from the Site. We are not responsible for any products or services you acquire from third parties, including advertisers and sponsors, as a consequence of your use of the Site.
3. USER CONDUCT ON THE SITE.
The following is a partial list of the kinds of activities that are prohibited on or through the Site:
A. Engaging in any fraudulent or illegal conduct, including false advertising;
B. Providing false personal information;
C. Engaging in any conduct that is abusive, threatening, obscene, defamatory or libelous;
D. Engaging in activities that solicit passwords or personally identifiable information for unlawful purposes from other Users;
E. Using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the content contained in the Site or for any other unauthorized purpose without our prior expressed written permission;
F. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or
G. Decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software (collectively, “Prohibited Activities”).
We reserve the right to immediately terminate any Prohibited Activities and/or to report them to appropriate authorities.
4. COLLECTION, STORAGE AND USE OF INFORMATION ABOUT USERS.
5. GENERAL TERMS.
B. Termination of Service. You understand and agree that DBA may, in the exercise of its sole and unqualified discretion, cause your access to the Site to be immediately be terminated or suspended if it believes that you have (a) violated these Terms of Service, or (b) used access to the Site to violate or infringe the rights of DBA, or any user of the Site, or (c) used access to the Site to materially violated any law, regulation or industry standard or code, or (d) used access to the Site to engage in otherwise objectionable, inappropriate or fraudulent conduct. DAB’s ability to terminate access to the Site is in addition to all other remedies available to it to address the conduct which create the concern. DBA’s remedies are cumulative.