End User License Agreement
LAST UPDATED: February 13, 2023
This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and DBDS Concepts LLC, a Delaware limited liability company (“Company”). This Agreement governs your license and use of the Company’s B.O.S.S. online course portal and content (including without limitation written and video content, and all related documentation, collectively, the “Course”). The Course is licensed, not sold, to you.
BY CLICKING THE “CREATE ACCOUNT” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY; (B) REPRESENT THAT YOU ARE AN INDIVIDUAL AND NOT A LEGAL ENTITY AND ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND BY THE TERMS OF THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY, DO NOT DOWNLOAD, ACCESS, OR USE THE COURSE.
License Fee; In-Course Purchases; Course Access.
Access to the Course is available only via a one-time License Fee in the amount posted from time to time on the Company’s website (the “Site”). The License Fee grants you access to the base Course as it may be released and supported from time to time, for a period of one year from the date you purchase a license. We may from time to time make additional features of the Course may accessible only via in-Course purchase (“In-Course Purchases”) on the terms set forth on the Site at the time of purchase. For example only, we may offer one-on-one or group mentoring for an additional fee. All License Fee payments and In-Course Purchases shall additionally be governed by the applicable terms of use and policies of our payment processor(s) in effect at the time of purchase.
The Company reserves the right to change, suspend, remove, or disable access to the Course or any feature thereof, at any time without notice. If you have prepaid for access to the Course and the Company determines to permanently disable access to the Course as a whole, other than for your violation of any of the terms and conditions of this Agreement or the Terms of Service, the Company will issue you a refund of such prepaid fees on the following schedule:
The Company will not be liable for any removal or disabling of access to any portion of the Course, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the internet or on the Site or combination thereof, including injury or damage to any Device or other hardware or software related to or resulting from using or downloading materials in connection with the Course.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Course.
There may be times when the Course or a part of the Course is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
License Grant. Subject to and conditioned upon your timely payment of all License Fees and applicable In-Course Purchase Fees, and your strict compliance with all terms and conditions set forth in this Agreement, the Company grants you an individual, worldwide (subject to applicable law), limited, non-exclusive, non-assignable, and nontransferable license during the Term to download, access, and use the Course for your personal, non-commercial use on one or more devices owned or otherwise controlled by you (“Device”) strictly in accordance with the Course’s documentation, this Agreement, and the Company’s Terms of Service.
Account. You will be required to create an account with the Company (your “Account”) as a condition to downloading, accessing, and using the Course. Please refer to the Terms of Service for additional terms governing your Account.
Reservation of Rights. You acknowledge and agree that the Course is provided under license, and not sold, to you. You do not acquire any ownership interest in the Course under this Agreement or otherwise, or any other rights thereto other than to use the Course in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Course, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, access, or use the Course, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Course. You also may be required to provide certain information about yourself as a condition to downloading, accessing, or using the Course or certain of its features or functionality, and the Course may provide you with opportunities to share information about yourself with others, including without limitation the instructor and other course users. All information the Company collects through or in connection with the Course is subject to our Privacy Policy. By downloading, accessing, using, and providing information through or in connection with the Course, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.
Updates. The Company may from time to time in its sole discretion develop and provide Course updates, which may include upgrades, new instructional content, error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain Course features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality within the Course. You agree that all Updates will be deemed part of the Course and be subject to all terms and conditions of this Agreement. For the avoidance of doubt, Updates do not include features or functionality made available via In-Course Purchases, and such features or functionality will only be made available to you if you choose to make such In-Course Purchase.
Term and Termination.
The “Term” of Agreement commences on the date you pay the License Fee and will continue in effect for one year unless earlier terminated by you or by the Company as set forth in this Section.
You may earlier terminate this Agreement at any time by closing your Account and ceasing to access or use the Course. You will not be entitled to any refund if you terminate this Agreement early.
The Company may terminate this Agreement at any time without notice if it ceases to support the Course, which the Company may do in its sole discretion.
Company may terminate this Agreement at any time without notice if you violate any of the terms and conditions of this Agreement or the Terms of Service.
Upon termination:
Termination will not limit any party’s rights or remedies at law or in equity existing prior to termination.
Unless otherwise stated, all of the parties’ respective obligations, representations and warranties under this Agreement which are not, by the express terms of this Agreement, fully to be performed during the Term, shall survive the termination or expiration of the Agreement.
Export Regulation. The Course may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Course to, or make the Course accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Course available outside the US.
US Government Rights. The Course is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Course as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Changes to this Agreement. The Company reserves the right to change this Agreement from time to time in its sole discretion upon written notice to you. If the Company does so, it will provide you with notice by posting a notice in the Course, by sending you an email, or by any other means the Company reasonably deems appropriate. All changes will be effective thirty (30) days after notice to you, unless we receive a written objection from you before the end of such 30-day period. If you do not object in writing during such 30-day period, your continued use of the Course by you thereafter shall constitute your acceptance of such changes. The Company may revise and update the Terms of Service and Privacy Policy as described in such respective policies.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California as more fully set forth in the Terms of Service.
Arbitration. The Arbitration provisions in the Terms of Service shall govern and control any dispute arising out of or related to this Agreement or the Course.
Entire Agreement. This Agreement, the Terms of Service, and our Privacy Policy constitute the entire agreement between you and the Company with respect to the Course and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Course.