Terms & Conditions

IN SHORT:

We at Dau Academy run this site and are excited to have you visit it. This site, the courses and books sold on it, and the discussion forums contained within are all designed to educate and entertain, and we encourage you to participate freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).

That’s pretty much it. A big thanks to Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service.

TERMS OF SERVICE:

The following terms and conditions govern all use of the http://www.dauacademy.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, books, courses, and websites, taken together, the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Dau Academy’s Privacy Policy) and procedures that may be published from time to time on this Site by Dau Academy (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Dau Academy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a Dau Academy account through Thinkific, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

2. Responsibility of Contributors

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

* the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and

* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dau Academy or otherwise.

Without limiting any of those representations or warranties, Dau Academy has the right (though not the obligation) to, in Dau Academy’s sole discretion (i) refuse or remove any content that, in Dau Academy’s reasonable opinion, violates any Dau Academy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Dau Academy’s sole discretion.

3. Responsibilities of Users

Prohibited use: You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site, which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Site;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

4. Money-Back Guarantee & Installment Plan

Buyers of digital goods such as online courses or books are entitled to a 30-day, 100% money-back guarantee. “Services,” such as coaching calls, subscriptions, or group memberships, are ineligible for refunds under any circumstances. If for any reason whatsoever you decide you would like a refund for a digital good purchased within the last 30 days, you may email us using the support link at the bottom of the website, and Dau Academy will offer you a refund in full. Should you choose to request a refund, you will be removed from any courses, and will no longer have access to any of the materials contained within. Dau Academy will not pay interest on any amounts held. Should you be currently enrolled in an ongoing installment plan, your future payments may be canceled, resulting in revoked access to course materials. Failure to complete each one of the predetermined amount of payments in the installment plan will result in revoked access to the entirety of the course materials. After the initial 30 day money-back guarantee window, all installment plan payments are final and non-refundable. No exceptions will be made.

5. Responsibility of Website Visitors

Dau Academy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Dau Academy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content with technical inaccuracies, typographical mistakes, and other errors. Dau Academy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dauacademy.com links, and that link to dauacademy.com. Dau Academy does not have any control over those non-dauacademy.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-dauacademy.com website or webpage, Dau Academy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dau Academy disclaims any responsibility for any harm resulting from your use of non-dauacademy.com websites and webpages.

7. Copyright Infringement and DMCA Policy

As Dau Academy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dauacademy.com violates your copyright, you are encouraged to notify Dau Academy in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. Dau Academy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Dau Academy or others, Dau Academy may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Dau Academy will have no obligation to provide a refund of any amounts previously paid to Dau Academy.

8. Corrections, Suggestions, and Complaints

We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted via email to info (AT) dauacademy.com. Please click here to fill it out. Dau Academy welcomes comments and suggestions on, as well as complaints about errors in any of our works that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted by email to info (AT) dauacademy.com.

9. Intellectual Property

This Agreement does not transfer from Dau Academy to you any Dau Academy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dau Academy. Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Your use of the Website grants you no right or license to reproduce or otherwise use any Dau Academy or third-party trademarks. You hereby grant Dau Academy an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Dau Academy services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Dau Academy or the promotion thereof.

10. Changes

Dau Academy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dau Academy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination

Dau Academy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Website is provided “as is”. Dau Academy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dau Academy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s the point: You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability

In no event will Dau Academy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dau Academy. under this agreement during the twelve (12) month period prior to the cause of action. Dau Academy. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Dau Academy Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless Dau Academy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, medical expenses, or any other expenses, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

16. Miscellaneous

This Agreement constitutes the entire agreement between Dau Academy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dau Academy, or by the posting by Dau Academy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vancouver, British Columbia, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the laws of arbitration of the province of British Columbia by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Vancouver, British Columbia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dau Academy may assign its rights under this Agreement without condition. Our Site may be accessed throughout Canada and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Canada. If you access our Site from outside Canada, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.