Do The Good Stuff
Online Course Agreement
This Agreement (the “Agreement”) governs your participation in the online courses (the “Course(s)”) provided to you by Do The Good Stuff, LLC (the “Company”, “us”, “we”, “our”). The Agreement is in addition to the Terms of Service of our website, www.dothegoodstuff.co, and applies to your purchase of, and participation in, any of our Courses. Please read this Agreement carefully before agreeing to its terms and participating in the Courses.
1. The Courses.
a. We grant you a limited, non-exclusive, non-transferable license to access and view the Courses and associated content for which you have paid all required Fees, solely for your personal, non-commercial, educational purposes, in accordance with these Terms, the Course Landing Page, and any conditions or restrictions associated with a particular Course. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by the Company’s authorized representative.
b. The specific details for each of the Courses (including its subject matter, duration, and cost) are detailed on the respective landing page of the Course (the “Landing Page”), and are hereby included in this Agreement.
c. Some Courses will require that you have access to third-party platforms, such as Slack, in order for you to fully participate. We do not have control over such third-party platforms and cannot guarantee their reliability or availability.
2. Payment Terms
a. The specific fees for each individual Course is detailed on its respective Landing Page (the “Fees”). The Fees must be paid in full prior to the commencement of the Course, except for active Do The Good Stuff subscribers, who may participate in the Course for no additional cost. All Fees are non-refundable.
b. From time to time, we may provide our partners with promotional codes which may be applied towards eligible Courses for an additional discount. Each promotional code may be subject to additional terms.
c. You agree to pay the Fees for the Courses and you authorize us to charge your debit or credit card for those Fees. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Course, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Course for which we have not received adequate payments.
a. You acknowledge and agree that any content, material or information, you receive through the Course, whether from us, the instructors, or another participant, is confidential information (the “Confidential Information”). You agree that you will not disclose any Confidential Information for any reason to any other party without obtaining our prior written consent.
4. Disclaimer of Warranty and Limitation of Liability
a. By participating in the Course, you may be exposed to content that you consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from you and no liability for your access or enrollment in any Course, to the extent permissible under applicable law. This also applies to any Courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the nature of these types of Courses, and by enrolling in such Courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a Course.
b. You must be careful about the types of personal information that you share with other participants or instructors. We do not control what other participants and instructors do with the information they obtain from you. For your safety, you should not share your email or other personal information.
c. On occasion, you may be provided links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these sites, including their collection of information about you. You should also read their terms and conditions and privacy policies. As your participation in our Courses may rely on third-party platforms, such as Slack, you must also read their terms and conditions and privacy policies.
d. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR PARTICIPATION IN THE COURSES, INCLUDING INTERACTIONS WITH INSTRUCTORS AND OTHER PARTICIPANTS, WHETHER IN-PERSON OR ONLINE, REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE COURSES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM ANY COMMUNICATIONS, INTERACTIONS, ENGAGEMENTS, OR MEETINGS WITH OTHER PARTICIPANTS, INSTRUCTORS, OR THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), MALPRACTICE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OR INABILITY TO USE THE PROPERTIES INCLUDING, AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OR THIRD PARTIES, EXCEED ONE HUNDRED DOLLARS ($100), AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
a. The Company reserves the right to terminate or suspend your access to the Courses or ban your account at any time, with or without notice, for (i) any violation of this Agreement; (ii) if you fail to pay any Fees when due; (iii) upon the request of law enforcement or government agencies; (iv) for unexpected technical issues or problems; or (v) if your conduct or behavior during your participation in the Courses is objectionable, offensive, disruptive, or inappropriate for any or no reason, each as determined in the Company’s sole and exclusive discretion. Upon such termination, we may delete your account and any content you provided, and we may prevent you from further access to the Courses. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms or Courses.
a. You agree to indemnify, defend and hold us harmless as well as our affiliates, subsidiaries, successors, assignees, licensees, members, managers, agents, contractors, vendors, business partners, owners, and instructors, from any claims, damages, liabilities, costs, or expenses (including, without limitation court costs, collection costs, and reasonable attorney fees) related to (i) any content or information you share during your participation in the Courses; (ii) your interaction, engagement, or meeting with any other participant or third party; and (iii) your breach of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you will provide us with such cooperation as is reasonably requested by us.
a. The Courses are only intended for persons over the age of eighteen (18).
b. This Agreement is governed exclusively by the laws of the State of California and the United States. Any controversy or claim relating to this Agreement shall be submitted to the judicial courts located in Los Angeles County in the State of California. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
c. The headings of the clauses of this agreement are solely for the purpose of convenience and will not be used in the construction of any provision.
d. No waiver by either party of the breach of any provision of this Agreement will be deemed to be a waiver of any preceding or succeeding breach of the same or similar nature.
e. This Agreement may not be changed or modified, nor may any provision hereof be waived. If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability of any other provision of this Agreement.
f. This Agreement will inure to the benefit of, and will be binding on, Company’s successors and assigns.