DYPU Terms and Conditions

Terms of Use

Last updated April 8, 2019

PLEASE READ THIS DOCUMENT CAREFULLY

DiscoverYourPathU, LLC (“DYPU”) provides an online course delivery platform designed to offer massive open online courses, commonly referred to as MOOCs, (the “Services”), which enables end-users (“Students”) to connect with independent instructors (the “Instructors,”) collectively Instructors with Students (“you” or the “Users,” each a “User”) who provide live and pre-recorded instruction, digital goods, and learning services (the “Courses”) through https://discoveryourpathu.com/ and subdomains, mobile applications, and other media managed by DYPU (collectively, the “Sites”). These Terms of Use are entered into by and between you and DYPU, and together with the Privacy Policy and any other documents they expressly incorporate by reference, govern your access to the Sites, as well as any content or functionality of the services, whether as a visitor or a registered user.

These Terms of Use are entered into by and between DYPU and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User. Instructors’ access to the Sites are also governed by the Instructor Policy (https://discoveryourpathu.com/instructor-policy), which is incorporated into these Terms of Use. YOUR USE OF THE SITES, THE SERVICES, RELATED WEBSITES, AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. The Sites and Services are offered to you conditioned on your acceptance of these Terms of Use and all terms, conditions, and notices contained herein.

Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (https://discoveryourpathu.com/privacy-policy), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITES OR REGISTER FOR AN ACCOUNT.

The Relationship Between DYPU, Instructors, and Students

DYPU provides a service upon which Instructors may offer for sale, and administer Courses to Students in the context of DYPU’s online platform. DYPU is neither a Course provider nor an educational institution. Instructors are not employees of DYPU. DYPU is not responsible for interactions between Instructors and Students, with the exception of providing the technological means through which Instructors may promote and otherwise make available their Courses and, at each Instructor’s election, for processing payments through DYPU’s payment gateway as described in the Instructor Policy (https://discoveryourpathu.com/instructor-policy). DYPU is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by an Instructor at any time.

As stated in our Privacy Policy, DYPU only provides Instructors with the following information about the Students enrolled in their Courses: (1) name, (2) email address, (3) IP address, and (4) the Instructor’s Course in which the Student has enrolled. DYPU does not disclose any other information about Students to Instructors, and Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Instructor or other User on the Sites, which at all times shall be subject to the terms of our Privacy Policy.

Code of Conduct

In using the Services, you must behave in a civil and respectful manner at all times. Further, you agree not to use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including but not limited to, exposing them to inappropriate content, asking for personally identifiable information; or to impersonate or attempt to impersonate DYPU, a DYPU employee, or any other user or person or entity. DYPU has the right, but not the obligation, to monitor all conduct on and content submitted to the Sites.

Instructor Fees and Refunds

Instructor Fees

DYPU may charge Instructors fees to access certain features and functionalities of the Sites and the Services set to a multitiered subscription structure, described on our Pricing page (https://discoveryourpathu.com/pricing/).

In turn, Instructors may charge Students certain fees for access to their respective Courses, and depending on how Instructors choose to process payment of those fees, DYPU may charge a transaction fee, described in our Instructor Policy (https://discoveryourpathu.com/instructor-policy). Each User shall pay all fees and charges incurred through its respective account and billed to the User at the rates in effect for the pay period in which such fees and charges are incurred, and such User is solely responsible for payment. All paid plans are set to automatically charge at the beginning of each billing period unless you submit a cancellation request to us in writing via email discoveryourpathu@gmail.com or through our help form. If a User provides credit or debit card information to pay for the fees, that User represents and warrants that it is authorized to supply such information and authorizes DYPU to charge that payment method on a regular basis to pay the fees as they come due. Each User shall pay all applicable taxes relating to its use of the Services and other products or services through its accounts. .

A User will not be allowed access to any portion of the Sites, the Services, or its content for which a prepaid fee is required unless and until DYPU receives all fees and charges payable by that User. If a User’s payment method fails or its account is past due, then DYPU may collect fees owed using other collection mechanisms, which may include charging other payment methods on file with DYPU and/or retaining collection agencies or legal counsel.

Instructor Payouts

Instructors and their affiliates are paid for signups through PayPal 20 days after the end of the month in which a sale is made.

Instructor Refunds

Monthly Plan Refund Policy

DYPU has a strict no-refund policy. If you terminate your membership, your access to the DYPU site will expire at the end of your current billing cycle.

Annual Plan Refunds

DYPU has a strict no-refund policy. If you terminate your membership, your access to the DYPU site will expire at the end of your current billing cycle.

Cancellation and Deletion

Cancellation

If you cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle.

Deletion

You may delete your account at any time.  Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan. Upon termination, all licenses granted by DYPU will terminate. In the event of account deletion for any reason, your course content may no longer be available. DYPU is not responsible for the loss of such content.

Student Refunds

Monthly Plan Refund Policy

DYPU has a strict no-refund policy. If you terminate your membership, your access to the DYPU site will expire at the end of your current billing cycle.

Annual Plan Refunds

DYPU has a strict no-refund policy. If you terminate your membership, your access to the DYPU site will expire at the end of your current billing cycle.

Content, Licenses & Permissions Content

The content on the Sites, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Content.” Content uploaded, transmitted, or posted by Users, whether they are Instructors or Students, is referred to herein as “User Content.”

User Content is and remains that User’s property, and DYPU’s only right to that User Content is the limited licenses to it granted in these Terms of Use. The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of DYPU, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved.

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by DYPU.

Your User Content is your responsibility. DYPU does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content, including but not limited to Content presented through the Courses. By using the Services, you may be exposed to User Content that you consider offensive, indecent, or objectionable. DYPU has no responsibility to keep such content from you and no liability for your access or use of any User Content to the extent permissible by law. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.

DYPU’s Limited License for Use of the Services

DYPU grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by DYPU in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by DYPU are reserved.

Your Limited License of Your User Content to DYPU

While DYPU does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Sites and provide the Services, now and in the future.

For example, when an Instructor makes Course materials available to its Students through the Sites or a Student communicates with an Instructor on a discussion forum, DYPU needs a license from those Users to display their respective Content on the Sites, as well as the right to sublicense that User Content to our other Users so that they can view that User Content. Therefore, by posting or distributing Content to or through the Sites, each User grants to DYPU, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content.

In doing so, the User represents and warrants that it owns and controls all of the rights to the User Content that it posts or otherwise distributes, and has the lawful right to post and distribute that User Content, to or through the Sites, and the use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any other person or entity. If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled DYPU’s Limited License of Content to Users.

DYPU’s Limited License of Content to Users

DYPU grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites. For Students, this includes access and use of the Courses and content provided therein, for which they have paid all required fees. Such license is subject to these Terms of Use, and specifically conditioned upon the following:

Users may only view, copy, and print such portions of the Content for their own personal use;

Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;

Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;

Users may not use any data mining, robots, or similar data gathering or extraction methods; and

Users may not use the Sites or Content other than for their intended purposes.

Except as expressly permitted above, any use of any portion of Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted herein, these Terms of Use, and your access to the Sites. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. DYPU may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Users represent and warrant that their use of the Sites and the Content will remain consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law. To request permission for uses of Content not included in this license, you may contact DYPU at the address set out at the bottom of these Terms of Use.

Use of Interactive Areas and the Sites

The Sites may contain discussion forums, bulletin boards, review services, or other forums in which Users or third parties may post content, messages, materials, reviews, or other items on the Sites (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You represent and warrant that any content you submit to any Interactive Areas complies with these Terms of Use and that you own or control all rights in and to that content. Any content submitted to any public area of the Sites is non-confidential and non- proprietary. By using any Interactive Areas, you agree that the content must comply with all applicable federal, state, local and international laws and regulation, and agree not to post any content containing material which is defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. You also expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

Any message, data, information, text, music, sound, photos, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable federal, state, or local law;

Content that may infringe any patent, trademark, tradesecret, copyright, or other intellectual property or proprietary right of any party;

Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;

Any tool or service that imports content from any platform that prohibits such services from accessing its platform for this purpose.

Unsolicited promotions, political campaigning, advertising, or solicitations;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;

Viruses, corrupted data, or other harmful, disruptive, or destructive files;

Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in DYPU’s sole determination; and

Content that, in DYPU’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose DYPU or its affiliates or Users to any harm or liability of any kind.

Finally, DYPU has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as “spam.” Users may not use the Interactive Areas or the Sites generally to send commercial or other messages to any third-party, within or outside of the Sites, if those messages are not solicited, authorized, or welcomed by the third-party, and in using the Sites, Users must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you believe that your own User Content violates any law or regulation, is inaccurate, or poses any risk whatsoever to any third party, it is your responsibility to take any corrective steps you deem necessary. If you believe that any third party’s Content or any DYPU Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to DYPU in accordance with the procedures that we maintain under our intellectual property policies as set forth in the section titled Intellectual Property.

Intellectual Property

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DYPU, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Users may not engage in any activity on or through the Sites, including transmitting or using User Content, that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)

(“DMCA”) and trademark law, and we retain the right to remove Content from the Sites that DYPU believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent. Be advised that misrepresentations of infringement could result in liability for monetary damages and that DYPU reserves the right to seek damages and indemnification from any party that submits a Notice of Claimed Infringement or Counter Notification in violation of the law. Consult an attorney before taking any action pursuant to the DMCA or to enforce trademark or other intellectual property rights.

Any Notice of Claimed Infringement and request for removal, and all Counter Notifications thereto, the requirements for which are listed below, should be sent to DYPU’s Designated Agent by physical or electronic mail at:

DiscoverYourPathU, LLC

Attention: Bradley Davies

201 East 5th St. Ste 1200

Sheridan, WY 82801

Email: reports@cloudpeaklaw.com (mailto:reports@cloudpeaklaw.com)

Please only use the above address for submitting the notices set forth in this Intellectual Property section. Any other correspondence about DYPU, the operation of the Sites, or any other matter should be sent to discoveryourpathu@gmail.com.

Notice of Claimed Infringement

If you believe in good faith that any Content has been used in a manner that infringes a copyright that you own or control, you may send a timely Notice of Claimed Infringement containing the following information:

A physical or electronic signature of the copyright owner, or person authorized to act on its behalf;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is

infringing is located on the Sites, the easiest way being by

providing us with the URL(s) leading directly to the allegedly infringing Content;

Your mailing address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For claims of trademark infringement, send a notice to DYPU’s Designated Agent containing the preceding information as applicable to your trademark or service mark, including the mark, registration number if applicable, basis for your trademark claim, jurisdiction in which you claim trademark rights, and class of goods or services and accompanying description for which you assert trademark rights. Please note that a copy of your notice will be sent to the party who posted the content you report as infringing.

Counter Notification

If we remove your Content in response to a Notice of Claimed Infringement, we will notify you and offer to provide you with a copy of such notice. If you believe your Content was wrongly removed due to a mistake or misidentification of the Content, you may submit a timely Counter Notification to our Designated Agent that includes the following information:

Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;

A statement, made under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled; and Your name, mailing address, telephone number, and email address, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which DYPU may be found, and that you will accept service of process from the party who submitted the Notice of Claimed Infringement, or its duly appointed agent.

Upon receiving an effective Counter Notification, DYPU will promptly forward it to the reporting party. If the reporting party fails to notify DYPU within ten (10) business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity, DYPU will consider, in our sole discretion, restoring eligible Content to the Sites.

Our policy is to remove any User Content posted to the Sites by any User for whom DYPU has received and acted on more than two takedown requests. DYPU has discretion, however, to terminate any User’s account and/or access to the Sites or Services after receipt of a single Notification of Claimed Infringement, or in DYPU’s in sole discretion.

Third Party Communications

DYPU disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Sites that you may receive and any actions you may take or refrain from taking as a result of such communications. You are solely responsible for assessing

and verifying the identity and trustworthiness of the source and content of any such third-party communications. DYPU assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

Links to Other Sites

The Sites and posted User Content may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. DYPU may also have relationships with third party service providers who handle certain functions for the Sites. Your use of links to Third-Party Sites and any Third-Party Content, or service provided on this Sites or a third-party site, is at your own risk. DYPU does not monitor or have any control over, and makes no claim or representation regarding Third-Party Content or Third-Party Sites and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Sites. When you leave the Sites, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Registration

To use certain Services, including providing or accessing Courses, you will need to register and obtain a password-protected account. You agree to provide accurate and complete information when registering and at all times thereafter. You are solely responsible for maintaining the confidentiality of your account, username, and password, and for all activities associated therewith.

Please contact us at discoveryourpathu@gmail.com if you suspect your account was compromised or was used without your permission, and promptly take steps to secure your account.

To the extent permissible under applicable law, DYPU will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use or misuse of your account, either with or without your knowledge. In cases where you have authorized or registered another individual, including minor children under the age of 18, to use your account, you are fully responsible for the online conduct of such person, controlling that person’s access to and use of the Sites and Services, and the consequences of any misuse by that person.

Errors and Corrections

DYPU does not represent or warrant that the Sites or any services offered through the Sites will be error-free or otherwise reliable, free of viruses, or other harmful components, or that defects will be corrected or that they will always be accessible. DYPU may make improvements and/or changes to the Sites and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Please contact individual Instructors directly to report errors in their respective Course content.

We reserve the right to amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to Users.

Assumption of Risk

You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

THE SITES, SERVICES, COURSES, AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. DYPU EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,

TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DYPU HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SITES COMPLIES WITH THESE TERMS OF USE OR IS SUITABLE FOR ALL USERS. DYPU DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES, SERVICES, OR COURSES INCLUDING, BUT NOT LIMITED TO, TECHNICAL FUNCTIONALITY OR INACCURACIES; (B) THIRD PARTY COMMUNICATIONS; (C) ANY THIRD-PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITES, SERVICES, COURSES, OR ANY PORTION THEREOF; (E) YOUR USE OF THE SITES; AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, DYPU, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE SERVICES, THE COURSES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT, OR ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, DYPU SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE COURSES, THE CONTENT, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, DYPU SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICES, OR THE COURSES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, DYPU’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DYPU OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless DYPU, its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to your use or misuse of the Sites (including, without limitation, use in contravention of these Terms of Use, other DYPU policies, and copyright and other intellectual property law).

Third Party Rights

The sections titled Disclaimer, Limitation of Liability, and Indemnification are solely for the benefit of DYPU and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Use is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Use without DYPU’s prior written consent.

Unlawful Activity; Termination of Access

DYPU reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to Users, User accounts, email addresses, usage history, posted materials, IP addresses, and web traffic information. DYPU may discontinue any User or visitor’s participation in the Sites and Services at any time for any reason or no reason. When DYPU terminates a User’s account, that User’s Content will, shortly thereafter, not appear on the Sites, except for User Content submitted to our forum or comments on our blog, which may remain on the Sites after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes.

Without limiting the foregoing, DYPU will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS DYPU AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review User content material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described herein.

Remedies for Violations

DYPU reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address or other user identifier to the Sites.

Communications

DYPU may notify Users of relevant information regarding the Sites and Services in any of the following ways: (a) by emailing Users at the contact information they provide in their account registration, (b) by posting a notice in dashboard areas of the Sites, and (c) by posting the notice elsewhere on the Sites in an area suitable to the notice. It is each User’s responsibility to periodically review the Sites for such notices.

Subject to the Privacy Policy, if you send to DYPU or post on the Sites in any public area any testimonials, techniques, suggestions, workflows, or know-how (“User Submissions”), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that DYPU can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Sites or send them to us.

Governing Law and Jurisdiction; Disputes and Arbitration

These Terms of Use are governed by and construed in accordance with the internal law of the State of Wyoming without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the County of Sheridan in the State of Wyoming, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Use, any of DYPU’s policies, or the Sites and/or Services, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in the state of California, unless you and DYPU agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing DYPU from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

YOU AND DYPU EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF DYPU AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Privacy

Your use of the Sites is subject to our Privacy Policy.

Entire Agreement; Severability of Provisions; No Waiver

These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, Courses, and Content. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties.

Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

Changes to the Terms of Use

DYPU may review and update these Terms of Use at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

Contact Us

If you have questions or concerns regarding these Terms of Use, the Sites, or the Services, you may contact us at:

DiscoverYourPathU, LLC

Attention: Bradley Davies

201 East 5th St. Ste 1200

Sheridan, WY 82801

Email: reports@cloudpeaklaw.com (mailto:reports@cloudpeaklaw.com)

Get in touch

We’re here if you need us: discoveryourpathu@gmail.com

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https://www.facebook.com/DiscoverYourPathU/
https://twitter.com/DiscoverPathU

Last updated April 1, 2019

PLEASE READ THIS DOCUMENT CAREFULLY

DiscoverYourPathU,
LLC (“DYPU”) provides an online course delivery platform designed to offer
massive open online courses, commonly referred to as MOOCs, (the “Services”),
which enables end-users (“Students”) to connect with independent instructors
(the “Instructors,”) collectively Instructors with Students (“you” or the
“Users,” each a “User”) who provide live and pre-recorded instruction, digital
goods, and learning services (the “Courses”) through
https://discoveryourpathu.com/ and subdomains, mobile applications, and other
media managed by DYPU (collectively, the “Sites”). These Terms of Use are
entered into by and between you and DYPU, and together with the Privacy Policy
and any other documents they expressly incorporate by reference, govern your
access to the Sites, as well as any content or functionality of the services,
whether as a visitor or a registered user.

These
Terms of Use are entered into by and between DYPU and its Users and visitors to
the Sites, and together with the Privacy Policy, govern those persons’ access
to the Sites, as well as any content or functionality of the Services, whether
as a visitor or a User. Instructors’ access to the Sites are also governed by
the Instructor Policy (https://discoveryourpathu.com/instructor-policy), which
is incorporated into these Terms of Use. YOUR USE OF THE SITES, THE SERVICES,
RELATED WEBSITES, AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR
AGREEMENT TO BE BOUND BY THESE TERMS OF USE. The Sites and Services are offered
to you conditioned on your acceptance of these Terms of Use and all terms,
conditions, and notices contained herein.

Please
read the Terms of Use carefully before you start to use the Sites. By using the
Sites, you accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy (https://discoveryourpathu.com/privacy-policy), incorporated
herein by reference. If you do not want to agree to these Terms of Use or the
Privacy Policy, you must not access or use the Sites.

YOU
MUST BE AT LEAST 18 YEARS OLD TO USE THE SITES, OR, IF YOU ARE BETWEEN THE AGES
OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE
SITES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION.
CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITES OR REGISTER FOR AN ACCOUNT.

The Relationship Between DYPU,
Instructors, and Students

DYPU
provides a service upon which Instructors may offer for sale, and administer
Courses to Students in the context of DYPU’s online platform. DYPU is neither a
Course provider nor an educational institution. Instructors are not employees
of DYPU. DYPU is not responsible for interactions between Instructors and
Students, with the exception of providing the technological means through which
Instructors may promote and otherwise make available their Courses and, at each
Instructor’s election, for processing payments through DYPU’s payment gateway
as described in the Instructor Policy (https://discoveryourpathu.com/instructor-policy).
DYPU is not liable for any disputes, claims, losses, injuries, or damage of any
kind that may arise out of the Instructor/Student relationship, including but
not limited to, any Student’s reliance upon any information provided by an
Instructor at any time.

As
stated in our Privacy Policy, DYPU only provides Instructors with the following
information about the Students enrolled in their Courses: (1) name, (2) email
address, (3) IP address, and (4) the Instructor’s Course in which the Student
has enrolled. DYPU does not disclose any other information about Students to Instructors,
and Students assume full responsibility for the disclosure and use of any other
personal information the Student chooses to disclose to any Instructor or other
User on the Sites, which at all times shall be subject to the terms of our
Privacy Policy.

Code of
Conduct

In
using the Services, you must behave in a civil and respectful manner at all
times. Further, you agree not to use the Sites in any way that violates any
applicable federal, state, local, or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and
from the US or other countries); for the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way, including but not limited to,
exposing them to inappropriate content, asking for personally identifiable
information; or to impersonate or attempt to impersonate DYPU, a DYPU employee,
or any other user or person or entity. DYPU has the right, but not the
obligation, to monitor all conduct on and content submitted to the Sites.

Instructor Fees and Refunds

Instructor
Fees

DYPU may charge Instructors fees to access
certain features and functionalities of the Sites and the Services set to a
multitiered subscription structure, described on our Pricing page (https://discoveryourpathu.com/pricing/).[1] [2] [3] 

In
turn, Instructors may charge Students certain fees for access to their respective
Courses, and depending on how Instructors choose to process payment of those
fees, DYPU may charge a transaction fee, described in our Instructor Policy (https://discoveryourpathu.com/instructor-policy).
Each User shall pay all fees and charges incurred through its respective
account and billed to the User at the rates in effect for the pay period in
which such fees and charges are incurred, and such User is solely responsible
for payment. All paid plans are set to automatically charge at the beginning of
each billing period unless you submit a cancellation request to us in writing
via email discoveryourpathu@gmail.com
or through our help form. If a User provides credit or debit card information
to pay for the fees, that User represents and warrants that it is authorized to
supply such information and authorizes DYPU to charge that payment method on a
regular basis to pay the fees as they come due. Each User shall pay all
applicable taxes relating to its use of the Services and other products or
services through its accounts. .

A
User will not be allowed access to any portion of the Sites, the Services, or
its content for which a prepaid fee is required unless and until DYPU receives
all fees and charges payable by that User. If a User’s payment method fails or
its account is past due, then DYPU may collect fees owed using other collection
mechanisms, which may include charging other payment methods on file with DYPU
and/or retaining collection agencies or legal counsel.

Instructor Refunds

Monthly
Plan Refund Policy

DYPU has a strict
no-refund policy. If you terminate your membership, your access to the DYPU
site will expire at the end of your current billing cycle.

Annual
Plan Refunds

DYPU has a strict
no-refund policy. If you terminate your membership, your access to the DYPU
site will expire at the end of your current billing cycle.

Cancellation and Deletion

Cancellation

If
you cancel a paid plan, the cancellation will become effective at the end of
the then-current billing cycle.

Deletion

You
may delete your account at any time. 
Accounts on paid plans will remain active unless you explicitly ask us
to delete it when you cancel your paid plan. Upon termination, all licenses
granted by DYPU will terminate. In the event of account deletion for any
reason, your course content may no longer be available. DYPU is not responsible
for the loss of such content.

Student Refunds

Monthly
Plan Refund Policy

DYPU has a strict
no-refund policy. If you terminate your membership, your access to the DYPU site
will expire at the end of your current billing cycle.

Annual
Plan Refunds

DYPU has a strict
no-refund policy. If you terminate your membership, your access to the DYPU
site will expire at the end of your current billing cycle.

Content, Licenses & Permissions
Content

The content on the Sites, including all
information, software, technology, data, logos, marks, designs, text, graphics,
pictures, audio and video files, other data or copyrightable materials or
content, and their selection and arrangement, is referred to herein as
“Content.” Content uploaded, transmitted, or posted by Users, whether
they are Instructors or Students, is referred to herein as “User Content.”

User Content is and remains that User’s
property, and DYPU’s only right to that User Content is the limited licenses to
it granted in these Terms of Use. The Sites, and all Content other than User
Content and all software available on the Sites or used to create and operate
the Sites, is and remains the property of DYPU, and is protected under the
Copyright Act of 1976, as amended, and other intellectual property laws of the
United States and any foreign jurisdiction where the Sites are accessed, and
all rights to the Sites, such Content, and such software are expressly
reserved.

All trademarks and service marks, whether
registered or unregistered, as well as product names and company names or
logos, displayed or mentioned on the Sites are the property of their respective
owners. You must not use such marks without the prior written permission of the
owner of the marks. Reference to any products, services, processes, or other information,
by trade name, trademark, manufacturer, supplier, or otherwise does not
constitute or imply endorsement, sponsorship, or recommendation thereof by
DYPU.

Your User Content is your responsibility.
DYPU does not control or monitor User Content and, as such, does not guarantee
in any manner the content, reliability, validity, accuracy, or truthfulness of
such User Content, including but not limited to Content presented through the
Courses. By using the Services, you may be exposed to User Content that you
consider offensive, indecent, or objectionable. DYPU has no responsibility to
keep such content from you and no liability for your access or use of any User
Content to the extent permissible by law. Although we have no obligation to do
so, we have the absolute discretion to remove, screen, or edit without notice
any User Content posted or stored on the Sites, and we may do this at any time
and for any reason. You are solely responsible for maintaining copies of and
replacing any User Content you post or store on the Sites.

DYPU’s Limited License for Use of the Services

DYPU grants you a limited, non-exclusive
license to access and use the Services for your own personal and commercial
purposes. This license is personal to you and may not be assigned or
sublicensed to anyone else.

Except as expressly permitted by DYPU in
writing, you will not reproduce, redistribute, sell, create derivative works
from, decompile, reverse engineer, or disassemble the Services. Nor will you
take any measures to interfere with or damage the Services. All rights not
expressly granted by DYPU are reserved.

Your Limited License of Your User Content to DYPU

While DYPU does not claim any ownership
interest in your User Content, we do need the right to use your User Content to
the extent necessary to operate the Sites and provide the Services, now and in
the future.

For example, when an Instructor makes
Course materials available to its Students through the Sites or a Student
communicates with an Instructor on a discussion forum, DYPU needs a license
from those Users to display their respective Content on the Sites, as well as
the right to sublicense that User Content to our other Users so that they can
view that User Content. Therefore, by posting or distributing Content to or
through the Sites, each User grants to DYPU, and its affiliates and subsidiaries,
a non-exclusive, royalty-free, transferable, worldwide license and right to display,
publicly perform, reproduce, distribute, publish, modify, adapt, create
derivative works of, and otherwise use such User Content that you upload,
transmit, or post on the Sites or through the Services, in the manner in and
for the purposes for which the Sites from time to time uses such User Content.

In doing so, the User represents and
warrants that it owns and controls all of the rights to the User Content that
it posts or otherwise distributes, and has the lawful right to post and
distribute that User Content, to or through the Sites, and the use and posting
or other transmission of such User Content does not violate these Terms of Use
and will not violate any rights of or cause injury to any other person or entity.
If your User Content is intended for the use by other Users, you also grant us
and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable
right to sublicense such User Content to such Users for their use in connection
with their use of the Sites, as described in the section titled DYPU’s Limited
License of Content to Users.

DYPU’s Limited License of Content to Users

DYPU grants to
Users a limited, revocable, non-exclusive, non-sublicensable license to access
the Sites and to view, copy, and print the portions of the Content available to
Users on the Sites. For Students, this includes access and use of the Courses
and content provided therein, for which they have paid all required fees. Such
license is subject to these Terms of Use, and specifically conditioned upon the
following:

Users may only view, copy, and
print such portions of the Content for their own personal use;

Users may not modify or otherwise
make derivative works of the Sites or Content, or reproduce, distribute, or
display the Sites or any Content (except for page caching) except as expressly
permitted in these Terms of Use;

Users may not remove or modify any
copyright, trademark, or other proprietary notices that have been placed in the
Content;

Users may not use any data mining,
robots, or similar data gathering or extraction methods; and

Users may not use the Sites or
Content other than for their intended purposes.

Except as
expressly permitted above, any use of any portion of Content without the prior
written permission of its owner is strictly prohibited and will terminate the
license granted herein, these Terms of Use, and your access to the Sites. Any
such unauthorized use may also violate applicable laws, including without
limitation copyright and trademark laws. Unless explicitly stated herein,
nothing in these Terms of Use may be construed as conferring any license to
intellectual property rights, whether by estoppels, implication, or otherwise.
DYPU may revoke this license at any time for any reason or no reason, and shall
not be liable to any User for any purported interference with business or
contractual relations, in tort or otherwise.

Users represent
and warrant that their use of the Sites and the Content will remain consistent
with this license and will not infringe or violate the rights of any other
party or breach any contract or legal duty to any other parties or violate any
applicable law. To request permission for uses of Content not included in this
license, you may contact DYPU at the address set out at the bottom of these
Terms of Use.

Use of Interactive Areas and the Sites

The Sites may
contain discussion forums, bulletin boards, review services, or other forums in
which Users or third parties may post content, messages, materials, reviews, or
other items on the Sites (“Interactive Areas”). You are solely
responsible for your use of such Interactive Areas and use them at your own
risk. You represent and warrant that any content you submit to any Interactive
Areas complies with these Terms of Use and that you own or control all rights
in and to that content. Any content submitted to any public area of the Sites
is non-confidential and non- proprietary. By using any Interactive Areas, you
agree that the content must comply with all applicable federal, state, local
and international laws and regulation, and agree not to post any content
containing material which is defamatory, discriminatory, obscene, indecent,
abusive, offensive, harassing, violent, hateful, inflammatory or otherwise
objectionable. You also expressly agree not to post, upload to, transmit,
distribute, store, create, or otherwise publish through the Sites any of the
following:

Any message, data, information,
text, music, sound, photos, graphics, code, or other material that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, or fraudulent;

Content that would constitute,
encourage, or provide instructions for a criminal offense, violate the rights
of any party, or that would otherwise create liability or violate any
applicable federal, state, or local law;

Content that may infringe any
patent, trademark, tradesecret, copyright, or other intellectual property or
proprietary right of any party;

Content that impersonates any
person or entity or otherwise associates, infers, or misrepresents the User’s
affiliation with a person or entity;

Any tool or service that imports
content from any platform that prohibits such services from accessing its
platform for this purpose.

Unsolicited promotions, political
campaigning, advertising, or solicitations;

Private information of any third
party, including, without limitation, addresses, phone numbers, email addresses,
and credit card numbers, unless that third party has expressly consented to
such use and disclosure;

Viruses, corrupted data, or other
harmful, disruptive, or destructive files;

Content that is unrelated to the
topic of the Interactive Area(s) in which such Content is posted, in DYPU’s
sole determination; and

Content that, in DYPU’s sole
judgment, is objectionable or which restricts or inhibits any other person from
using or enjoying the Interactive Areas or the Sites, or which may expose DYPU
or its affiliates or Users to any harm or liability of any kind.

Finally, DYPU has
a zero-tolerance policy towards unsolicited email or messages, commonly
referred to as “spam.” Users may not use the Interactive Areas or the
Sites generally to send commercial or other messages to any third-party, within
or outside of the Sites, if those messages are not solicited, authorized, or
welcomed by the third-party, and in using the Sites, Users must comply with all
applicable laws, including laws that apply in any jurisdiction, to spam and
marketing practices, and with any applicable marketing association guidelines
on ethical marketing practices.

Any use of the
Interactive Areas or other portions of the Sites in violation of the foregoing
violates these Terms of Use and may result in, among other things, termination
or suspension of your rights to use the Interactive Areas and/or the Sites. If
you believe that your own User Content violates any law or regulation, is
inaccurate, or poses any risk whatsoever to any third party, it is your
responsibility to take any corrective steps you deem necessary. If you believe
that any third party’s Content or any DYPU Content violates any laws or
regulations, including, without limitation, any copyright laws, you should
report it to DYPU in accordance with the procedures that we maintain under our
intellectual property policies as set forth in the section titled Intellectual
Property.

Intellectual Property

The Sites and
their entire contents, features and functionality (including but not limited to
all information, software, text, displays, images, video and audio, and the
design, selection and arrangement thereof), are owned by DYPU, its licensors,
or other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws. Users may not engage in any activity on or
through the Sites, including transmitting or using User Content, that infringes
or otherwise makes unauthorized use of another party’s copyright, trademark, or
other intellectual property or proprietary rights. We will respond to
legitimate requests made pursuant to the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §
512)

(“DMCA”)
and trademark law, and we retain the right to remove Content from the Sites
that DYPU believes in good faith infringes on any third party’s intellectual
property rights upon notice from the owner of such intellectual property, or
their agent. Be advised that misrepresentations of infringement could result in
liability for monetary damages and that DYPU reserves the right to seek damages
and indemnification from any party that submits a Notice of Claimed
Infringement or Counter Notification in violation of the law. Consult an
attorney before taking any action pursuant to the DMCA or to enforce trademark
or other intellectual property rights.

Any Notice of
Claimed Infringement and request for removal, and all Counter Notifications
thereto, the requirements for which are listed below, should be sent to DYPU’s
Designated Agent by physical or electronic mail at:

DiscoverYourPathU,
LLC

Attention:
Bradley Davies

201 East 5th
St. Ste 1200

Sheridan, WY
82801

Email: reports@cloudpeaklaw.com
(mailto:reports@cloudpeaklaw.com)

Please only use
the above address for submitting the notices set forth in this Intellectual
Property section. Any other correspondence about DYPU, the operation of the
Sites, or any other matter should be sent to discoveryourpathu@gmail.com.

Notice of Claimed Infringement

If you believe in
good faith that any Content has been used in a manner that infringes a
copyright that you own or control, you may send a timely Notice of Claimed
Infringement containing the following information:

A physical or electronic signature
of the copyright owner, or person authorized to act on its behalf;

A description of the copyrighted
work that you claim has been infringed upon;

A description of where the material
that you claim is

infringing is located on the Sites,
the easiest way being by

providing us with the URL(s)
leading directly to the allegedly infringing Content;

Your mailing address, telephone
number, and email address;

A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;

A statement, made under penalty of
perjury, that the information contained in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner’s behalf.

For claims of
trademark infringement, send a notice to DYPU’s Designated Agent containing the
preceding information as applicable to your trademark or service mark,
including the mark, registration number if applicable, basis for your trademark
claim, jurisdiction in which you claim trademark rights, and class of goods or
services and accompanying description for which you assert trademark rights.
Please note that a copy of your notice will be sent to the party who posted the
content you report as infringing.

Counter Notification

If we remove your
Content in response to a Notice of Claimed Infringement, we will notify you and
offer to provide you with a copy of such notice. If you believe your Content
was wrongly removed due to a mistake or misidentification of the Content, you
may submit a timely Counter Notification to our Designated Agent that includes
the following information:

Your physical or
electronic signature; Identification of the Content that has been removed or to
which access has been disabled and the location at which the Content appeared
before it was removed or access to it was disabled;

A statement, made
under penalty of perjury, that you have a good faith belief that the Content
was removed or disabled as a result of mistake or misidentification of the
Content to be removed or disabled; and Your name, mailing address, telephone
number, and email address, and a statement that you consent to the jurisdiction
of the United States District Court for the judicial district in which your
address is located, or if your address is outside of the United States, for any
judicial district in which DYPU may be found, and that you will accept service
of process from the party who submitted the Notice of Claimed Infringement, or
its duly appointed agent.

Upon receiving an
effective Counter Notification, DYPU will promptly forward it to the reporting
party. If the reporting party fails to notify DYPU within ten (10) business
days that it has filed an action seeking a court order to restrain you from
engaging in the allegedly infringing activity, DYPU will consider, in our sole
discretion, restoring eligible Content to the Sites.

Our policy is to
remove any User Content posted to the Sites by any User for whom DYPU has
received and acted on more than two takedown requests. DYPU has discretion,
however, to terminate any User’s account and/or access to the Sites or Services
after receipt of a single Notification of Claimed Infringement, or in DYPU’s in
sole discretion.

Third Party Communications

DYPU disclaims
all liability for any communications directed to you from any third party
directly or indirectly in connection with the Sites that you may receive and
any actions you may take or refrain from taking as a result of such
communications. You are solely responsible for assessing

and verifying the
identity and trustworthiness of the source and content of any such third-party
communications. DYPU assumes no responsibility for verifying, and makes no
representations or warranties regarding the identity or trustworthiness of the
source or content of any such third-party communications.

Links to Other Sites

The Sites and
posted User Content may contain links to third-party websites
(“Third-Party Sites”) and third-party content (“Third-Party Content”)
as a service to those interested in this information. DYPU may also have
relationships with third party service providers who handle certain functions
for the Sites. Your use of links to Third-Party Sites and any Third-Party
Content, or service provided on this Sites or a third-party site, is at your
own risk. DYPU does not monitor or have any control over, and makes no claim or
representation regarding Third-Party Content or Third-Party Sites and accepts
no responsibility for reviewing changes or updates to, or the quality, content,
policies, nature or reliability of, Third-Party Content, Third-Party Sites, or
websites linking to the Sites. When you leave the Sites, our terms and policies
no longer govern. You should review applicable terms and policies, including
privacy and data gathering practices, of any Third-Party Site, and should make
whatever investigation you feel necessary or appropriate before proceeding with
any transaction with any third party.

Registration

To use certain
Services, including providing or accessing Courses, you will need to register
and obtain a password-protected account. You agree to provide accurate and
complete information when registering and at all times thereafter. You are
solely responsible for maintaining the confidentiality of your account,
username, and password, and for all activities associated therewith.

Please contact us
at discoveryourpathu@gmail.com
if you suspect your account was compromised or was used without your
permission, and promptly take steps to secure your account.

To the extent
permissible under applicable law, DYPU will not be responsible for any loss or
damage arising from your failure to comply with the foregoing requirements or
as a result of use or misuse of your account, either with or without your
knowledge. In cases where you have authorized or registered another individual,
including minor children under the age of 18, to use your account, you are
fully responsible for the online conduct of such person, controlling that
person’s access to and use of the Sites and Services, and the consequences of
any misuse by that person.

Errors and Corrections

DYPU does not
represent or warrant that the Sites or any services offered through the Sites
will be error-free or otherwise reliable, free of viruses, or other harmful
components, or that defects will be corrected or that they will always be
accessible. DYPU may make improvements and/or changes to the Sites and their
features and functionality at any time, and will use commercially reasonable
efforts to avoid disrupting peak hours, though some downtime may occur. Please
contact individual Instructors directly to report errors in their respective
Course content.

We reserve the
right to amend the Sites, and any service or material we provide on the Sites,
in our sole discretion without notice. We will not be liable if for any reason
all or any part of the Sites is unavailable at any time or for any period. From
time to time, we may restrict access to some parts of the Sites, or the entire
Sites, to Users.

Assumption of Risk

You are solely
responsible for ensuring that your use of the Sites complies with applicable
law and does not violate the rights of any third party, including, without
limitation, intellectual property rights. You assume all liability for any
claims, suits or grievances filed against you, including, but not limited to,
all damages related to your use of the Sites.

DISCLAIMER

You understand
that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Sites will be free of viruses or other
destructive code. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means
external to the Sites for any reconstruction of any lost data.

WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR
USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

THE SITES,
SERVICES, COURSES, AND CONTENT ARE PROVIDED ON AN “AS IS, AS
AVAILABLE” BASIS. DYPU EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY,

TITLE, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DYPU HAS NO OBLIGATION TO
SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE
ON THE SITES COMPLIES WITH THESE TERMS OF USE OR IS SUITABLE FOR ALL USERS.
DYPU DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED
TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES, SERVICES, OR COURSES INCLUDING,
BUT NOT LIMITED TO, TECHNICAL FUNCTIONALITY OR INACCURACIES; (B) THIRD PARTY
COMMUNICATIONS; (C) ANY THIRD-PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY
ACCESSED THROUGH LINKS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN
OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITES, SERVICES, COURSES,
OR ANY PORTION THEREOF; (E) YOUR USE OF THE SITES; AND (F) YOUR USE OF ANY
EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES.

LIMITATION OF LIABILITY

TO THE MAXIMUM
EXTENT ALLOWED UNDER APPLICABLE LAW, DYPU, ITS PRESENT AND FUTURE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION
PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE
SERVICES, THE COURSES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT, OR
ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED
UNDER APPLICABLE LAW, DYPU SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR
INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE COURSES, THE CONTENT,
OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, DYPU SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF
OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICES, OR THE COURSES,
INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT
THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL
PURPOSE, DYPU’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS
PAID BY YOU TO DYPU OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S), UNLESS
OTHERWISE REQUIRED BY APPLICABLE LAW.

Indemnification

You agree to
indemnify, defend, and hold harmless DYPU, its present and future officers,
directors, employees, agents, licensors, suppliers, and any third-party
information providers to the Sites from and against all claims, losses,
expenses, damages and costs, including reasonable attorneys’ fees, resulting
from any violation of these Terms of Use by you or arising from or related to
your use or misuse of the Sites (including, without limitation, use in
contravention of these Terms of Use, other DYPU policies, and copyright and
other intellectual property law).

Third Party Rights

The sections
titled Disclaimer, Limitation of Liability, and Indemnification are solely for
the benefit of DYPU and its present and future officers, directors, employees,
agents, licensors, suppliers, and any third-party providers to the Sites. Each
of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on their own behalf. Except as set forth
herein, nothing express or implied in these Terms of Use is intended or implied
to confer, and nothing herein shall confer, any rights, remedies, liabilities,
or obligations whatsoever upon any person or entity. You may not assign your
rights under these Terms of Use without DYPU’s prior written consent.

Unlawful Activity; Termination of Access

DYPU reserves the
right to investigate complaints or reported violations of these Terms of Use
and to take any action it deems appropriate, including but not limited to,
reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties, and disclosing any information necessary or
appropriate to such persons or entities relating to Users, User accounts, email
addresses, usage history, posted materials, IP addresses, and web traffic
information. DYPU may discontinue any User or visitor’s participation in the
Sites and Services at any time for any reason or no reason. When DYPU
terminates a User’s account, that User’s Content will, shortly thereafter, not
appear on the Sites, except for User Content submitted to our forum or comments
on our blog, which may remain on the Sites after termination. We may also
retain an archival copy of your User Content after termination, and you hereby
grant us a non-exclusive, perpetual, irrevocable license to maintain such
archival copy for compliance with any relevant laws and regulations and for our
internal business purposes.

Without limiting
the foregoing, DYPU will cooperate fully with any law enforcement authorities
or court order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Sites. YOU WAIVE
AND HOLD HARMLESS DYPU AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS,
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES
DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.

However, we do
not undertake to review User content material before it is posted on the Sites
and cannot ensure prompt removal of objectionable material after it has been
posted. Accordingly, we assume no liability for any action or inaction
regarding transmissions, communications or content provided by any User or third
party. We have no liability or responsibility to anyone for performance or
non-performance of the activities described herein.

Remedies for Violations

DYPU reserves the
right to seek all remedies available at law and in equity for violations of
these Terms of Use, including but not limited to the right to block access from
a particular IP address or other user identifier to the Sites.

Communications

DYPU may notify
Users of relevant information regarding the Sites and Services in any of the
following ways: (a) by emailing Users at the contact information they provide
in their account registration, (b) by posting a notice in dashboard areas of
the Sites, and (c) by posting the notice elsewhere on the Sites in an area
suitable to the notice. It is each User’s responsibility to periodically review
the Sites for such notices.

Subject to the
Privacy Policy, if you send to DYPU or post on the Sites in any public area any
testimonials, techniques, suggestions, workflows, or know-how (“User
Submissions”), for any purpose, including the developing, manufacturing,
and/or marketing or products or services incorporating such information, you
acknowledge that DYPU can use such User Submissions without acknowledgement or
compensation to you, and you waive any claim of ownership or compensation or
other rights you may have in relation to your User Submissions. We actively
review User Submissions for new ideas. If you wish to preserve any interest you
might have in your User Submissions, you should not post them to the Sites or send
them to us.

Governing Law and Jurisdiction; Disputes
and Arbitration

These
Terms of Use are governed by and construed in accordance with the internal law
of the State of Wyoming without regard to its principles of conflicts of laws.
Any action arising out of or relating to these Terms of Use shall be filed only
in the state or federal courts located in the County of Sheridan in the State
of Wyoming, and you hereby consent and submit to the exclusive personal
jurisdiction of such courts for the purpose of litigating any such action.

Any
dispute, controversy, proceeding, or claim arising out of or in connection with
or relating to these Terms of Use, any of DYPU’s policies, or the Sites and/or
Services, in each case, whether in contract, tort, common or statutory law,
equity or otherwise (collectively, a “Dispute”) shall be resolved by
binding confidential arbitration by JAMS pursuant to its Optional Expedited
Arbitration Procedures then in effect for JAMS, except as provided herein. The
arbitration will be conducted in the state of California, unless you and DYPU
agree otherwise. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. Nothing in this section shall
be deemed as preventing DYPU from seeking injunctive or other equitable relief
from the courts as necessary to prevent the actual or threatened infringement,
misappropriation, dilution, or violation of our data security, intellectual property
rights, or other proprietary rights.

YOU
AND DYPU EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY
PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE
CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY
DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION,
A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR
PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING
WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE
PRIOR WRITTEN CONSENT OF DYPU AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Privacy

Your use of the
Sites is subject to our Privacy Policy.

Entire Agreement; Severability of
Provisions; No Waiver

These Terms of Use incorporate by reference
any notices contained on the Sites, including within the Privacy Policy, and
constitute the entire agreement with respect to access to and use of the Sites,
Services, Courses, and Content. If any provision of these Terms of Use is
deemed unlawful, void, or unenforceable by a court of law exercising proper
jurisdiction, that provision shall be deemed severed from the remaining
provisions and shall not affect their validity and enforceability. No waiver of
any provision hereof shall be valid unless in writing signed by the parties.

Any failure to enforce any right or remedy
hereunder shall not operate as a waiver of the right to enforce such right or
remedy in the future or of any other right or remedy.

Changes to the Terms of Use

DYPU may review
and update these Terms of Use at any time in our sole discretion and it is your
responsibility to keep abreast of those changes. All changes are effective
immediately when posted and apply to all access to and use of the Sites
thereafter. Your continued use of the Sites following the posting of revised
Terms of Use means that you accept and agree to the changes which are binding
on you, so please check this webpage periodically for updates.

Contact Us

If
you have questions or concerns regarding these Terms of Use, the Sites, or the
Services, you may contact us at:

DiscoverYourPathU,
LLC

Attention: Bradley Davies

 201 East 5th St. Ste 1200

Sheridan, WY 82801

Email: reports@cloudpeaklaw.com
(mailto:reports@cloudpeaklaw.com)

Get in touch

We’re
here if you need us: discoveryourpathu@gmail.com

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