IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO Dojo Learning LLC, AND "YOU" AND "YOUR" REFER TO YOU. Before using dojolearning.com, please read this agreement relating to your use of this website carefully.
Acceptance of Terms
By using the dojolearning.com web site (“Service”) you agree to be bound by the following terms and conditions of use (“Terms”).
We reserve the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: http://www.dojolearning.com/terms-of-use.
Violation of any of the terms below will result in the termination of your Account. While Dojo Learning LLC prohibits such conduct and Content on the Service, you understand and agree that Dojo Learning LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- Accounts must be registered by an individual person. Any automated methods (“bots”) are not permitted.
- You must provide your full legal name, a valid email address, and any other information requested in order to complete the registration process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account, even when Content is posted by instructors and/or learners who have access to your Content.
- If you are using a free account and it is inactive for more than 60 days it will be deleted automatically.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- If you initially sign up for a paid account and you don't cancel or downgrade to a free account within 30 days, you will be billed after your account was initially created.
- An upgrade from the free account to any paid plan will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Dojo Learning LLC does not accept any liability for such loss.
- With regards to storage and bandwidth usage, you are expected to limit your subsequent usage of your account to the limits set for the downgraded plan. You will be responsible for all bandwidth and storage overage charges as outlined on our current service fees page.
- If you purchase a lesson subscription from another Dojo Learning user you must contact them directly if you are dissatisfied with the training.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation tabs at the top of the screen. The Settings screen provides a simple cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Dojo Learning LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Dojo Learning LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Dojo Learning LLC reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Dojo Learning LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dojo Learning site (www.dojolearning.com) or the Service itself.
- Dojo Learning LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted on or privately transmitted via Dojo Learning, are the sole responsibility of the person from which such Content originated.
- We claim no intellectual property rights over the material you provide to the Service unless agreed via our Authoring Service. Your profile and materials uploaded remain yours. However, by setting your lessons to be shared publicly, you agree to allow others to view and interact with your Content.
- We claim no intellectual property rights over the material your instructors and/or learners upload in their use of the Service.
- You grant Dojo Learning LLC the right to deliver your lesson Content on your behalf for a price determined by you. You declare that you have the legal right to distribute and sell any Content you upload to the Service, and you assume all liability related to Content copyright or any other ownership right disputes related to the Content you upload to the Service.
- Dojo Learning LLC does not pre-screen Content, but Dojo Learning LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright © 2013 Dojo Learning LLC. All rights reserved. You may not duplicate, re-engineer, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Dojo Learning LLC.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Dojo Learning LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Dojo Learning LLC, or any other Dojo Learning LLC service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Dojo Learning LLC.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Dojo Learning LLC customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds the limits specified for your account type, you will be offered an account upgrade or will be charged for the excess bandwidth at the current rates published on our service fees page.
- We reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- You will be notified via email when you begin to approach your bandwidth limit so that you may act to reduce your bandwidth usage or upgrade to a larger bandwidth plan.
- Dojo Learning LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Dojo Learning LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dojo Learning LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Dojo Learning LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Dojo Learning LLC and govern your use of the Service, superseding any prior agreements between you and Dojo Learning LLC (including, but not limited to, any prior versions of the Terms).
- Questions about the Terms should be sent to support at dojolearning.com.