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- Digitalatto Academy
Effective date: 2022-03-16
1. Agreement to Terms
Welcome to Digitalatto Academy.
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Digitalatto Academy (“we,” “us” or “our”),
concerning your access to and use of the www.digitalattoacademy.com website as well as any
other media form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all
of these Terms of Use. If you do not agree with all of these Terms of Use, then you are
expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of
Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are
not permitted to use or register for the Site.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST DIGITALATTO
ACADEMY. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL
RIGHTS. THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE
COUNTRY IN WHICH YOU RESIDE.
2. Using Digitalatto Academy
Who May Use our Services
You may use our Services only if you can form a binding contract with Digitalatto Academy,
and only in compliance with these Terms and all applicable laws. When you create your
Digitalatto Academy account, and subsequently when you use certain features, you must
provide us with accurate and complete information, and you agree to update your information
to keep it accurate and complete. Any use or access by anyone under the age of 13 is
prohibited, and certain regions and Content Offerings may have additional
requirements and/or restrictions.
3. Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code,
course-specific eligibility requirements, and other terms), we grant you a limited, personal,
non-exclusive, non-transferable, and revocable license to use our Services. You may
download content from our Services only for your personal, non-commercial use, unless you
obtain our written permission to otherwise use the content. You also agree that you will
create, access, and/or use only one user account, unless expressly permitted by Digitalatto
Academy, and you will not share access to your account or access information for your
account with any third party. Using our Services does not give you ownership of or any
intellectual property rights in our Services or the content you access.
4. Content Offerings
Changes to Content Offerings
Digitalatto Academy offers courses and content ("Content Offerings") from universities and
other providers ("Content Providers"). While we seek to provide world-class Content
Offerings from our Content Providers, unexpected events do occur. Digitalatto Academy
reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change
the point value or weight of any assignment, quiz, or other assessment, either solely, or in
accordance with Content Provider instructions. Content Offerings are subject to the
Disclaimers and Limitation of Liability sections below.
5. No Academic Credit
Digitalatto Academy does not grant academic credit for the completion of Content Offerings.
Unless otherwise explicitly indicated by a credit-granting institution, participation in or
completion of Content Offerings does not confer any academic credit. Even if credit is
awarded by one institution, there is no presumption that other institutions will accept that
credit. You agree not to accept credit for completing a Content Offering unless you have
earned a course certificate or other equivalent documentation of your completion of the
Content Offering. Digitalatto Academy, instructors, and the associated Content Providers
have no obligation to have Content Offerings recognized by any educational institution or
accreditation organization.
Disclaimer of Student-Content Provider Relationship
Except as described in the Degree, MasterTrack, and University Certificate Programs section
below, nothing in these Terms or otherwise with respect to your participation in any Content
Offerings by Content Providers : (a) establishes any relationship between you and any
Content Provider; (b) enrolls or registers you in any Content Provider institution, or in any
Content Offering offered by any Content Provider institution; or (c) entitles you to use the
resources of any Content Provider institution beyond participation in the Content Offering.
6. Your Content
User Content
The Services enable you to share your content, such as homework, quizzes, exams, projects,
other assignments you submit, posts you make in the forums, and the like ("User Content"),
with Digitalatto Academy, instructors, and/or other users. You retain all intellectual property
rights in, and are responsible for, the User Content you create and share. User Content does
not include course content or other materials made available on or placed on to the Digitalatto
Academy platform by or on behalf of Content Providers or their instructors using the Services
or Content Offerings. As between Digitalatto Academy and Content Providers, such Content
Offerings are governed by the relevant agreements in place between Digitalatto Academy and
Content Providers.
How Digitalatto Academy and Others May Use User Content
To the extent that you provide User Content, you grant Digitalatto Academy a fully-
transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy,
distribute, modify, create derivative works based on, publicly perform, publicly display, and
otherwise use the User Content. This license includes granting Digitalatto Academy the right
to authorize Content Providers to use User Content with their registered students, on-campus
learners, or other learners independent of the Services. Nothing in these Terms shall restrict
other legal rights Digitalatto Academy may have to User Content, for example under other
licenses. We reserve the right to remove or modify User Content for any reason, including
User Content that we believe violates these Terms or other policies.
Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services
("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback
without any restriction or any compensation to you. By accepting your Feedback, Digitalatto
Academy does not waive any rights to use similar or related Feedback previously known to
Digitalatto Academy, developed by our employees, contractors, or obtained from other
sources.
7. Security
We care about the security of our users. While we work to protect the security of your
account and related information, Digitalatto Academy cannot guarantee that unauthorized
third parties will not be able to defeat our security measures. Please notify us immediately of
any compromise or unauthorized use of your account by emailing [email protected]
Academy.org or submitting via HackerOne .
8. Third Party Content
Through the Services, you will have the ability to access and/or use content provided by
instructors, other users, and/or other third parties and links to websites and services
maintained by third parties. Digitalatto Academy cannot guarantee that such third party
content, in the Services or elsewhere, will be free of material you may find objectionable or
otherwise inappropriate or of malware or other contaminants that may harm your computer,
mobile device, or any files therein. Digitalatto Academy disclaims any responsibility or
liability related to your access or use of, or inability to access or use, such third party content.
9. Copyright and Trademark
Digitalatto Academy respects the intellectual property rights of our users, Content Providers,
and other third parties and expects our users to do the same when using the Services. We
have adopted and implemented the Digitalatto Academy Copyright and Trademark Policy
below in accordance with applicable law, including the Digital Millennium Copyright Act.
10. Education Research
Digitalatto Academy is committed to advancing the science of learning and teaching, and
records of your participation in courses may be used for education research. In the interest of
this research, you may be exposed to variations in the Content Offerings. Research findings
will typically be reported at the aggregate level. Your personal identity will not be publicly
disclosed in any research findings without your express consent.
11. Paid Services from Digitalatto Academy
Digitalatto Academy offers paid Services (e.g., course certificates for certain courses) for a
fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for
paying all fees charged by or for Digitalatto Academy and applicable taxes in a timely
manner with a payment mechanism associated with the applicable paid Services. If your
payment method fails or your account is past due, we may collect fees using other collection
mechanisms. Fees may vary based on your location and other factors, and Digitalatto
Academy reserves the right to change any fees at any time at its sole discretion. Any change,
update, or modification will be effective immediately upon posting through the relevant
Services. Refunds may be available for paid Services as described in our Refund Policy
below.
Degree, MasterTrack, and University Certificate Programs
The Services may allow you to enroll in Degree, MasterTrack, and University Certificate
programs or similar programs offered by our Content Providers on the Digitalatto Academy
platform. Our Content Providers serve as the distance education providers of these programs
and determine admissions, refund, and graduation or completion policies and requirements.
Nothing in these Terms shall restrict the applicability to you of any institutional policies
established by our Content Provider in connection with these programs (e.g., student codes of
conduct); such policies shall supplement these Terms and to the extent there is a conflict
between such policies and these Terms, as between you and our Content Provider, our
Content Provider’s policies shall govern.
Depending on the program, tuition and fee payments for these programs may be collected by
Digitalatto Academy or our Content Partners. If your payment method fails or your account is
past due, we or our Content Partners may collect tuition and fees using other collection
mechanisms. Tuition and fees may vary based on your location and other factors, and
Digitalatto Academy and its Content Partners reserve the right to change any tuition and fees
for future semesters or equivalent payment periods at their sole discretion. Refunds may be
available for paid Services as described in our Refund Policy below. You are encouraged to
research and consider whether the tuition and fees required for Content Offerings align with
your professional and financial goals.
Professional licensure, certification, and job requirements for various professions may vary in
each state and country, and job requirements may vary by employer. Digitalatto Academy
does not guarantee licensure, certification or qualification for any profession or job on the
basis of your completion of a Content Offering on Digitalatto Academy. You are advised to
research, understand and comply with the requirements in the applicable state and/or country
in which you work or intend to work, and to investigate whether the Content Offering in
which you intend to enroll meets your academic and/or professional needs before enrolling.
12. Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions,
features, or requirements, and we may suspend (to the extent allowed by applicable law) or
stop part of our Services altogether. Accordingly, Digitalatto Academy may terminate your
use of any Service for any reason. If your use of a paid Service is terminated, a refund may be
available under our Refund Policy. We may not be able to deliver the Services to certain
regions or countries for various reasons, including due to applicable export control
requirements or internet access limitations and restrictions from governments. None of
Digitalatto Academy, its Content Providers and instructors, its contributors, sponsors, and
other business partners, and their employees, contractors, and other agents (the "Digitalatto
Academy Parties") shall have any liability to you for any such action. You can stop using our
Services at any time, although we'll be sorry to see you go.
13. Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL
INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE
DIGITALATTO ACADEMY PARTIES SPECIFICALLY DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE
DIGITALATTO ACADEMY PARTIES FURTHER DISCLAIM ANY AND ALL
LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY
RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO
OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIGITALATTO
ACADEMY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR
ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS
OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY
OTHER THAN THE APPLICABLE DIGITALATTO ACADEMY PARTY, INCLUDING
WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR
CONTENT OR INFORMATION. IN NO EVENT SHALL DIGITALATTO ACADEMY'S
AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED
TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY
DIGITALATTO ACADEMY FROM YOU FOR THE USE OF PAID SERVICES DURING
THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A
REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE
DIGITALATTO ACADEMY PARTIES, AND THAT THESE LIMITATIONS ARE AN
ESSENTIAL BASIS TO DIGITALATTO ACADEMY'S ABILITY TO MAKE THE
SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Export Controls
You warrant that you are not located in, or ordinarily reside in, any country that is subject to
applicable U.S. laws and regulations preventing Digitalatto Academy from providing you
access to the Services. Your location is determined by your physical location. Use of a virtual
private network service, IP routing services, or other similar service for the purpose of
circumventing these laws is strictly prohibited.
You warrant that you are not named on any government prohibited, denied, unverified-party,
sanctions, debarment, or exclusion list or export-controlled related restricted party list
(collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services
if you are placed on any Sanctions List. You also warrant that you will not export, re-export,
or transfer the Services to an entity on any Sanctions List or otherwise use the services in a
manner that would be in violation of applicable laws.
Notwithstanding anything to the contrary in these Terms, Digitalatto Academy may terminate
any further obligations to you, effectively immediately if you are in breach of the obligations
in this section.
16. Indemnification
You agree to indemnify, defend, and hold harmless the Digitalatto Academy Parties from any
and all claims, liabilities, expenses, and damages (to the extent attributable to you under the
applicable law), including reasonable attorneys' fees and costs, made by any third party
related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your
violation of any law or rights of any third party; or (c) User Content, including without
limitation any claim of infringement or misappropriation of intellectual property or other
proprietary rights.
17. Governing Law and Venue
Except as provided below, the Services are managed by Digitalatto Academy, Inc. which is
located in Santa Clara County, California. You agree that these Terms will be governed by
the laws of the State of California, excluding its conflicts of law provisions. In the event of
any dispute related to these Terms that is not subject to binding arbitration, you and
Digitalatto Academy will submit to the personal jurisdiction of and exclusive venue in the
federal and state courts located in and serving Santa Clara County, California as the legal
forum for any such dispute.
To the extent you are located in the European Union or the United Kingdom, the Services are
managed by Digitalatto Academy Europe B.V. You agree that these Terms will be governed
by the laws of the Netherlands, excluding its conflicts of law provisions.
This section shall not deprive you of any mandatory consumer protections under the law of
the country to which we direct Services to you, where you have your habitual residence.
18. Binding Arbitration and Class Action Waiver
You and Digitalatto Academy agree to submit to binding arbitration any and all disputes,
claims, or controversies of any kind, whether based on statute, regulation, constitution,
common law, equity, or any other legal basis or theory, and whether pre-existing, present, or
future, that arise out of or relate to our Services, these Terms, and/or any other relationship or
dispute between you and us, including without limitation (i) the scope, applicability, or
enforceability of these Terms and/or this arbitration provision, and (ii) relationships with
third parties who are not parties to these Terms or this arbitration provision to the fullest
extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).
Any and all Claims shall be submitted for binding arbitration in accordance with the
Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as
amended, in effect at the time arbitration is initiated. The AAA Rules are available online at
www.adr.org or by calling (800) 778-7879, and are hereby incorporated by reference. In the
event of any inconsistency between this arbitration provision and the AAA Rules, such
inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration,
you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA
Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit
required by AAA to initiate your arbitration. We will pay the costs of the arbitration
proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and
expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and
applicable law. We will pay all costs associated with any arbitration that we commence. A
single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims.
The arbitrator shall be an active member in good standing of the bar for any state in the
continental United States and shall be either actively engaged in the practice of law for at
least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at
law. Unless inconsistent with applicable law, and except as otherwise provided herein, each
party shall bear the expense of its respective attorney, expert, and witness fees, regardless of
which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the
federal judicial district of your residence, and you will be given the opportunity to attend the
proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties
and may be enforced in any federal or state court that has jurisdiction. You and we agree that
the arbitration shall be kept confidential and that the existence of the proceeding and any
element of it (including, without limitation, any pleadings, briefs or other documents
submitted or exchanged and any testimony or other oral submissions and awards) will not be
disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial
proceedings relating to the arbitration or by applicable disclosure rules and regulations of
governmental agencies.
Neither you nor Digitalatto Academy may act as a class representative, nor participate as a
member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated
on a class or representative basis. The arbitrator can decide only your and/or Digitalatto
Academy individual Claims. The arbitrator may not consolidate or join the claims of other
persons or parties who may be similarly situated. Accordingly, you and we agree that the
AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This
arbitration provision and the procedures applicable to the arbitration contemplated by this
provision are governed by the Federal Arbitration Act, notwithstanding any state law that
may be applicable.
This arbitration agreement does not preclude you or us from seeking action by federal, state,
or local government agencies. You and we also have the right to exercise self-help remedies,
such as set-off, or to bring qualifying claims in small claims court so long as the matter
remains in such court and advances only on an individual (non-class, non-representative)
basis. In addition, you and we retain the right to apply to any court of competent jurisdiction
for provisional or ancillary relief, including pre-arbitral attachments or preliminary
injunctions, and any such request shall not be deemed incompatible with any of these Terms,
nor a waiver of the right to have disputes submitted to arbitration as provided in this
provision.
A court may sever any portion of this Binding Arbitration and Class Action Waiver Section
that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a
class or representative basis, and the remaining portions of this arbitration provision will
remain valid and enforceable. No waiver of any provision of this Section will be effective or
enforceable unless recorded in a writing signed by the party waiving such a right or
requirement. Such a waiver shall not waive or affect any other portion of these Terms.
THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS
CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION,
THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF
CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN
DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT
YOU OR DIGITALATTO ACADEMY WOULD HAVE IN COURT ALSO MAY NOT BE
AVAILABLE IN ARBITRATION.
19. General Terms
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to
the Terms will be effective immediately upon posting by us. For any material changes to the
Terms, we will take reasonable steps to notify you of such changes, via a banner on the
website, email notification, another method, or combination of methods. In all cases, your
continued use of the Services after publication of such changes, with or without notification,
constitutes binding acceptance of the revised Terms.
Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect
any other terms. If you do not comply with these Terms, and we do not take immediate
action, this does not indicate that we relinquish any rights that we may have (such as taking
action in the future).
Content Providers
Our Content Providers and integrated service providers are third party beneficiaries of the
Terms and may enforce those provisions of the Terms that relate to them.
20. Honor Code
All users participating in Content Offerings must agree to abide by the following code:
1. I will register for only one account, unless expressly permitted to register for
additional accounts by Digitalatto Academy.
2. My answers to homework, quizzes, exams, projects, and other assignments will be my
own work (except for assignments that explicitly permit collaboration).
3. I will not make solutions to homework, quizzes, exams, projects, and other
assignments available to anyone else (except to the extent an assignment explicitly
permits sharing solutions). This includes both solutions written by me, as well as any
solutions provided by the course staff or others.
4. I will not engage in any other activities that will dishonestly improve my results or
dishonestly improve or hurt the results of others.
Any violation of this code may result in your access to all or part of the Services being
suspended, disabled, or terminated.
21. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect
to the Site constitute the entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to execute these
Terms of Use.
22. Contact Us
If you have any questions about this Terms and Conditions, please contact us by email:
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