Digital Badge Academy, LLC User Agreement

TERMS OF USE OF SITE

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). Your use of the Site constitutes your acceptance of, and agreement to comply with the following Terms of Use. If for any reason you do not feel that you can comply with our Terms of Use, you should immediately end your visit and make no further use of our services.

These Terms of Use also apply to access to, and interactions with Digital Badge Academy, LLC through social media, including any social media pages related to Digital Badge Academy services or that are linked to the Site.

For ease of reference, we have organized our Terms of Use by subject matter so that you can quickly research questions that relate to your intended use:

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.

Subject to the commitments and restrictions contained in these Terms of Use, you are granted a limited license to access and make personal use of the Unsecured Areas of our Site. This license does not include any resale or commercial use of our Site or their contents; any collection and use of any product descriptions or prices; any derivative use; or any use of data mining, robots, or similar data gathering and extraction tools. You may not download (other than page caching), modify, reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose any portion of our Site, or the entire Site, without our express written consent. Any unauthorized use terminates this permission to access and use the Unsecured Areas of our Site.

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 info@digitalbadgeacademy.net. 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.

G. Registering. You must register with us if you wish to use the Restricted Areas of our Site and/or purchase any of our online services and/or subscribe to our newsletter. Registration requires you to provide certain personal information, such as your name, e-mail address, and security information. When you register with us, you will be required to provide accurate and complete information that will be collected and used in accordance with our Privacy Policy. If you provide any information that is false, misleading, inaccurate, or incomplete, we may suspend (either temporarily or indefinitely) or permanently terminate your account. In that event, we also reserve the right to prohibit any current or future use of our services.

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.

B. Specific Services. Specific services we offer (e.g. Resources, downloads available through the Site, Coaching Hours, and other training services, consulting services), have specific terms and conditions to which you must agree in order to obtain those services. However the provisions of these general Terms of Use, including the warranty disclaimers and the limitation of liability, apply to those services and are incorporated into service-specific Agreements.

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.

The manner in which we collect, store and use information obtained through operation of the Site, including personally identifiable information, is described in our Privacy Policy. All data storage and processing are conducted in and within the continental United States of America. Use of the Site constitutes consent to uses of user-related information in the manner described in our Privacy Policy. If the use of our services is provided to you by a company, organization, agency, school, or other entity, your data may be shared with the providing entity. You have the ability through your Digital Badge Academy account to opt-out of receiving notifications via email regarding additional or updated career path recommendations, learning journeys, learning paths or job recommendations. You can close your account at any time which will remove all of your information from our website and you will no longer have access to the information, but does not remove your information from our aggregate collection of data for research and other purposes. You may also choose to anonymize your data which will remove any personally identifiable information from our database, but does not remove the non-personally identifiable information from our aggregate collection of data for research and other purposes. Any questions or requests related to your personal information can be sent to privacy@digitalbadgeacademy.net

5. GENERAL TERMS.

A. Contact Information. Requests to make use of the content of the Site for any purpose other than personal, noncommercial use should be directed to info@digitalbadgeacademy.net. You can similarly use that contact information if you have questions about these Terms of Use.

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.

C. Non-Waiver. Any willingness by DBA to not immediately enforce any provision of this Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.

D. Jurisdiction and Exclusive Forum. Any dispute arising from, or relating to (i) use of the Site, including services offered on the Site, or (ii) alleged violations of these Terms of Use, shall be exclusively resolved in the courts of the State of Florida, USA and users of the Site consent to the jurisdiction of Florida courts. These Terms of Use shall be interpreted pursuant to Florida law regardless of conflict of law principles.

E. Modifications to Terms of Use. These Terms of Use may be changed or updated by DBA at any time. The modified Terms of Use will become effective when they are published on this page of the applicable Site. Your continued use of the Site after the posting of any amended Terms of Use shall similarly constitute your agreement to be bound by any such changes. DBA may modify, suspend, discontinue or restrict the use of any portion of a Site without notice or liability.

By accessing to our site, you acknowledge that you are opting in to receive our services and notifications. If you wish to discontinue receiving our services or notifications, you can opt-out, delete or anonymize your data as described above. As noted earlier, if you do not agree to be bound by the Terms of Use of the Site, please close this window on your Web browser so you can leave the Site.