DeepDive Learning Academy – Term Of Service
Acceptance of Terms of Service
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or any of the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- These Terms of Service apply to all users of the Services, including, without limitation, users who are simply visiting or browsing the Site and users who are contributors of content, information, and other materials or services, registered or otherwise.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or any of the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are simply visiting or browsing the Site and users who are contributors of content, information, and other materials or services, registered or otherwise.
To use certain Services, you must register for an account with us (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
DefinitionFor purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).User ContentAll Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.Notices and RestrictionsThe Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.Use LicenseSubject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.License GrantBy submitting User Content through the Services, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content or any derivative works thereof in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services, to the extent permitted by the Site and/or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.Availability of ContentWe do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.DMCA PolicyWe will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide us notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” at DeepDive Learning Academy, Inc., 866, Hartford Turnpike, Shrewsbury, MA – 01545, USA or by email to email@example.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512. You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Money Back Guarantee Terms and Conditions
Because DeepDive Learning Academy is committed to helping you receive a job offer in your field of study, certain programs offered by DeepDive Learning Academy include job assistance (“Career Guidance”) and/or a tuition refund or waiver, as applicable (“Money Back Guarantee”).
A program that provides a Money Back Guarantee is hereafter referred to as a “Money Back Guarantee Qualifying Program”.
For purposes of this Money Back Guarantee Terms and Conditions, “you” or “student” means the individual signing below as “Student,” and “we” or “us” means DeepDive Learning Academy. These Money Back Guarantee Terms and Conditions form a part of, and are incorporated into, your Enrollment/Enrolment Agreement, and are therefore subject to the terms and conditions of that agreement.
Currently, DeepDive Learning Academy’s FullStack Flex bootcamp is the only eligible program for Money Back Guarantee. If you have questions regarding whether the program that you intend to enroll in is a Money Back Guarantee Qualifying Program, you should email firstname.lastname@example.org to inquire prior to registering. In order for the below terms to apply, a Student’s enrollment/enrolment agreement (of which these Money Back Guarantee Terms and Conditions form a part) must specifically signify that the Student’s program is covered as a Money Back Guarantee Qualifying Program.
In the event that you enroll in a Money Back Guarantee Qualifying Program, the Money Back Guarantee Terms and Conditions outlined below shall apply. Failure to satisfy any of the Terms and Conditions will result in a forfeiture of the Money Back Guarantee.
The Money Back Guarantee
If you: (i) enroll in a Money Back Guarantee Qualifying Program, (ii) fully comply with the job search requirements specified below, and (iii) do not receive a Qualifying Job Offer (as defined below) within 180 calendar days of your Job Search Start Date (as defined below), you will be eligible for a full tuition refund or waiver, as applicable.
Eligibility for Money Back Guarantee
Eligibility for the Money Back Guarantee in connection with a particular Money Back Guarantee Qualifying Program, is contingent upon all of the following Terms and Conditions being true throughout the entire period following matriculation:
- You must not have received and accepted a Qualifying Job Offer (defined below).
Eligibility for the Money Back Guarantee in connection with a particular Money Back Guarantee Qualifying Program, is contingent upon all of the following Terms and Conditions being true throughout the entire period following graduation:
- You must be 21 years of age or older;
- You must be proficient in both spoken and written English;
- You must complete all of the assignments and steps that appear on the Career Services Management Platform, and complete all required reading assigned by your Career Coach, prior to your Job Search Start Date;
- You must notify the DeepDive Learning Academy Career Services Team in writing of your chosen Job Search Start Date within 60 calendar days of graduation from the applicable Money Back Guarantee Qualifying Program;
- You must complete up to three (3) mock interviews with your Career Coach or other DeepDive Learning Academy representative (if requested);
- You must comply with the cancellation policy for all scheduled interviews and meetings, as set forth in the Career Services Policy that is included with the Student Catalog/Catalogue;
- You must notify your Career Coach within one (1) business day of receipt of any job offer, including the date of the job offer, name and address of the entity extending the offer, and the title and compensation rate of the position being offered;
- You must not have received a Qualifying Job Offer (defined below).
Eligibility for the Money Back Guarantee in connection with a particular Money Back Guarantee Qualifying Program, is contingent upon all of the following Terms and Conditions being true throughout the entire Job Search Period (defined below):
- You must reside in, and be legally authorized to work in the USA.
- You must be legally authorized to work in the country of your residence for at least two (2) consecutive years from and after your Job Search Start Date;
- You must be willing to work in person within a sixty (60) minute commuting distance from the main work or residence address from which you are job-seeking, and be willing to work remotely;
- You must demonstrate “good faith efforts” (as determined at the sole discretion of your Career Coach and the Career Services Team) towards an active job search for a Qualifying Job Offer (defined below);
- You must be responsive to communications from the Career Services Team, including but not limited to responding to all Career Coaching communications and Employer Partnerships communications, in each instance, within three (3) business days;
- You must be available, if requested, to meet with your Career Coach once per week;
- You must be available, if invited, to interview for a minimum of three interviews per week;
- You must submit responses to any code challenges associated with any job application on-time or within one week of receipt if due date is not specified;
- On a weekly basis, you must make contact with at least eight (8) individuals, verified by first, last name and title, at prospective employers within your field of study with respect to the Money Back Guarantee Qualifying Program (recording evidence of such contact to be furnished upon request by DeepDive Learning Academy) and update your job-search tracking tool with a written summary of all such job search activities;
- On a weekly basis, you must post at least one (1) written or video blog post (containing your original thoughts and ideas, providing all appropriate citations and references to third-party content from other sources), focused on a topic in your field of study with respect to the Money Back Guarantee Qualifying Program, on a public URL that can be verified by DeepDive Learning Academy;
- For students enrolled in a course in the software engineering or data science fields of study, you must post at least five (5) GitHub contributions per week to your public GitHub profile;
The term “Job Search Start Date” is defined as the date that you formally commenced your job search. The Job Search Start Date must be within 60 calendar days after the date on which you successfully graduated from your Money Back Guarantee Qualifying Program. As outlined above, in order to be eligible for the Money Back Guarantee, you must formally declare your Job Search Start Date by notifying the Career Services Team in writing of your chosen Job Search Start Date within 60 calendar days of graduation from the applicable Money Back Guarantee Qualifying Program.
The term “Job Search Period” means the 180 calendar day period following the commencement of your Job Search Start Date.
The term “Qualifying Job Offer” means an offer of a job that is:
- For a position as an employee, apprentice, intern or independent contractor;
- Paid, including in cash;
- Anticipated to be an average of 30 hours or more per week, or multiple offers for part-time work constituting the equivalent of an average of 30 hours or more per week;
- Anticipated to be at least four (4) weeks in duration;
For the avoidance of doubt, if any Qualifying Job Offer is contingent upon a background check or drug test in order for a candidate to be considered, and such Qualifying Job Offer is revoked due to your failure or refusal to satisfy such requirements, you will not be eligible for any tuition refund or waiver, as applicable.
Termination of Eligibility for the Money Back Guarantee
Your eligibility for the Money Back Guarantee will terminate upon the earlier of: (i) your receipt of a Qualifying Job Offer; (ii) termination by DeepDive Learning Academy due to your failure to comply fully with these Terms and Conditions; and/or (iii) the expiration of the 180 day period immediately following your Job Search Start Date.
Seeking a Tuition Refund or Waiver
If you believe that you are eligible for a tuition refund or waiver, as applicable, due to failure to obtain a Qualifying Job Offer within the Job Search Period and the satisfaction of the other Terms and Conditions set forth herein, you must email: email@example.com no later than 187 calendar days after your Job Search Start Date to request a refund or waiver, as applicable. This email must set forth the following: (a) your full name and contact information (address, phone number, email address); and (b) certifying that you (i) successfully graduated from the relevant Money Back Guarantee Qualifying Program; (ii) met all job search requirements (and any other applicable requirements) and satisfied all of the Terms and Conditions set forth herein; (iii) were unable to obtain a Qualifying Job Offer within 180 days of Job Search Start Date; and (iv) are entitled to a full tuition refund or waiver, as applicable, pursuant to these Terms and Conditions.
DeepDive Learning Academy will review tuition refund and waiver requests and may seek from you further information and verification relating to your request, which you must provide within five (5) business days of DeepDive Learning Academy’s request for information. If DeepDive Learning Academy determines that you are entitled to a tuition refund under these Terms and Conditions, a refund will be issued to you (without interest), typically within 30 business days after receipt of your refund request (or, if DeepDive Learning Academy sought from you further information and verification relating to your request, within 30 business days after receipt by DeepDive Learning Academy of such information and verification).
If DeepDive Learning Academy determines that you are entitled to a tuition refund or waiver under these Terms and Conditions:
- Subject to paragraph C below, your repayment obligations with respect to any amount of total tuition from the applicable Money Back Guarantee Qualifying Program that remains unpaid pursuant to an income share agreement, payment plan, loan or similar agreement, will be appropriately adjusted;
- Any amount of total tuition that has been paid (net of any scholarships, grants or similar instruments) with respect to the applicable Money Back Guarantee Qualifying Program will be refunded to you within 30 business days after receipt of your waiver request (or, if DeepDive Learning Academy sought from you further information and verification relating to your request, within 30 business days after receipt by DeepDive Learning Academy of such information and verification); and
- Your full tuition refund will not include a refund of any interest, fees, or other payments (other than principal payments) in connection with income share agreements, payment plans, loans or similar agreements.
For the avoidance of doubt, the tuition refund or waiver, as applicable, shall not apply to any fees or penalties owed by you pursuant to an income share agreement, payment plan, loan or similar agreement, and any refund proceeds will first be applied to pay down any fees and penalties which may be owed, with any excess then returned to you.
Following the request and processing of a tuition refund or waiver, as applicable, DeepDive Learning Academy reserves the right to revoke services and supports, including but not limited to:
- New-Graduate Career Services support
- Alumni Career Services support, including limited Career Coaching meetings and limited consideration for opportunities through Employer Partnerships following placement in your first job
- Access to DeepDive Learning Academy’s campus or campuses
- Access to DeepDive Learning Academy’s paid online curriculum
- Your DeepDive Learning Academy email alias
- Access to DeepDive Learning Academy’s student and alumni communication channels
- Access to any WeWork services provided as a result of your DeepDive Learning Academy alumni status
These Money Back Guarantee Terms and Conditions contain the entire agreement between you and DeepDive Learning Academy with respect to the matters contemplated hereunder, and supersede all negotiations, representations, warranties, commitments, offers, contracts and writings prior to the date hereof. No waiver and no modification or amendment of any provision of this Agreement shall be effective unless specifically made in writing and duly signed by you and DeepDive Learning Academy.
The respective rights and obligations of the parties hereto shall not be assignable; provided, however, that DeepDive Learning Academy may assign all or part of its respective rights under this Agreement and delegate all or part of its respective obligations under this Agreement to one or more of its affiliates or any successor in interest. If any provision hereof shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision hereof.
These Money Back Guarantee Terms and Conditions shall be governed by the governing law set forth in the Student’s enrollment/enrollment agreement.
Nothing herein is intended to establish a fiduciary relationship, partnership or joint venture between you and DeepDive Learning Academy.
All Final Refund amounts will be calculated by DeepDive Learning Academy Admins, based upon any special discounts given and on a case-by-case basis. DeepDive Learning Academy owns the final decision regarding the refund amounts and has all the right associated with this.
Here’s a general Refund guide for your reference:
Free Trial (2 Weeks): No Refund will be issued.
Module 1: Advanced Web Development (8 to 10 Weeks)
- If you withdraw within First Week after your enrollment to Module 1: Advanced Web Development, you may be able to get 100% of your Tuition fees you paid, in refund.
- If you withdraw after completion of one week after the enrollment to Module 1: Advanced Web Development, you MAY NOT receive any tuition refunds. We will work with you and make all possible efforts within our capacity to find a solution for you. This will be done on a case-by-case basis.
Module 2: React & NodeJS (12 Weeks)
- If you withdraw within First Week after your enrollment to Module 2: React & NodeJS, you may be able to get 100% of your Tuition fees you paid, in refund.
- If you withdraw after completion of one week after the enrollment to Module 2: React & NodeJS, you MAY NOT receive any tuition refunds. We will work with you and make all possible efforts within our capacity to find a solution for you. This will be done on a case-by-case basis.
Module 3: Databases & Algorithms (6 Weeks)
- If you withdraw within First Week after your enrollment to Module 3: Databases & Algorithms, you may be able to get 100% of your Tuition fees you paid, in refund.
- If you withdraw after completion of one week after your enrollment to Module 3: Databases & Algorithms, you MAY NOT receive any tuition refunds. We will work with you and make all possible efforts within our capacity to find a solution for you. This will be done on a case-by-case basis.
FullStack Flex Bootcamp (28 Weeks)
- If you withdraw within First Week after your enrollment to FullStack Flex Bootcamp, you MAY be able to get 100% of your Tuition fees you paid, in refund.
- If you used the Income Share Agreement option for your Bootcamp during your enrollment, the refund amount will be deducted from what you owe to DeepDive Learning Academy. Some additional rules or calculations may apply while deciding the final amounts.
- FullStack Flex Bootcamp is comprised of 3 Modules: Module 1 (Advanced Web Development – 8 to 10 Weeks), Module 2 (Front-End Development with React & Node – 12 Weeks), Module 3 (Databases & Algorithms – 6 Weeks)  If you withdraw after completion of first week of Module 1 (Advanced Web Development), you will get refund for ‘Module 2’ and ‘Module 3’ tuition fees on PRO-RATED basis.  If you withdraw after completion of first week of Module 2 (Front-End Development with React & Node), you will get refund for ‘Module 3’ tuition fees on PRO-RATED basis.  If you withdraw after completion of first week of Module 3 (Databases & Algorithms), you MAY NOT receive any tuition refunds. We will work with you and make all possible efforts within our capacity to find a solution for you. This will be done on a case-by-case basis. Please Note that, if you received any special discount, your Final Tuition refund calculations will be based upon that.
Rules of Conduct
- You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site or any other aspect of the Services; (vi) harvest or scrape any Content or other data from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Payments and Billing
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please contact us for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE CONTACT YOUR ACCOUNT REPRSENTATIVE OR EMAIL DeepDive Learning Academy AT firstname.lastname@example.org.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING YOUR ACCOUNT REPRESENTATIVE OR EMAILING email@example.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, which can be done by contacting your account representative or emailing firstname.lastname@example.org, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, contact your account representative or email email@example.com. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by contacting DeepDive Learning Academy through your representative or by emailing email@example.com. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: i. which users gain access to the Services; ii. what Content you access via the Services; or iii. how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTENT PROVIDERS, SERVICE PROVIDERS AND OTHERS WITH WHOM WE DO BUSINESS (COLLECTIVELY, OUR “RELATED PARTIES AND REPRESENTATIVES”) DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us and our Related Parties and Representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR RELATED PARTIES AND REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
No Joinder or Class Action; Statute of Limitations. To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address: email@example.com or DeepDive Learning Academy, Inc., 866, Hartford Turnpike, Shrewsbury, MA – 01545, USA
Effective Date of Terms of Service: June 1st, 2020.
DeepDive Learning Academy is the registered trademark of DeepDive Learning Academy, Inc. All rights reserved.