Welcome to the The Design Cure, Inc. If you continue to browse and use this website, www.thedesigncure.com, or enroll in a The Design Cure course, you agree to comply with and be bound by the terms and conditions in this agreement. This agreement governs our relationship with you regarding this website and The Design Cure courses. It includes, our terms, warranties, limited liability, disclaimer and privacy policies, and other conditions ("Agreement"). By using this website or registering for a course, you agree that the exclusions, limitations of liability and all terms set out in this Agreement are reasonable. Please read the entire document.
IF YOU DO NOT THINK THE TERMS ARE REASONABLE, YOU MAY NOT USE THIS WEBSITE OR ENROLL IN A COURSE.
The Design Cure, Inc. is a California corporation. It is referred to in this agreement as "The Design Cure," "us" or "we." The term "you" refers to the user or viewer of this website and to the individual who participates in The Design Cure courses.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE OF ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF INFORMATION, INSTRUCTION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE OR IN The Design Cure COURSES FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS, AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
The Design Cure MAKES NO GUARANTEES OR CLAIMS OF EARNINGS WHATSOEVER.
Your use of information or materials on this website and contained in course materials is entirely at your own risk, for which we are not liable. You are responsible to ensure that any products, services or information available through this website and The Design Cure courses meet your specific requirements.
This website and The Design Cure courses contain material that is owned by or licensed to us. This material includes, but is not limited to, content, methods, design, layout, look, appearance and graphics. Reproduction is prohibited unless specific written permission is granted.
Unauthorized use of this website may give rise to a claim for damages and may be a criminal offense.
This website and course materials may also include links to other website(s). These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of linked website(s).
Your use of this website and enrollment in any The Design Cure course and any dispute arising out of your use or enrollment is subject to the laws of the State of California and, if the issue is governed only by federal law, by the laws of the United States.
This website is owned and operated by The Design Cure.
Scope and Purpose of this Agreement
This Agreement is a contract, and it governs your use of this website. It also governs enrollment in The Design Cure courses, which may also be subject to additional contract terms; in the event of a conflict, the terms of this agreement govern. Disagreement with any part of this Agreement prohibits you from using the website or enrolling in a course. The Design Cure reserves the right to modify these terms at any time. We recommend that you check for changes each time before you use the services and content of www.thedesigncure.com. You are governed by this Agreement, including any changes, whether or not you have reviewed them, so please take the time to review.
Refund, Deferment, and Transfer
Course Refund Policy
We are confident this course holds value far beyond its price tag. After taking the course and completing all the work (homework assignments) within 30 days of the course start date, if you still walk away not able to achieve the desired results- contact us about receiving a refund at firstname.lastname@example.org. All we ask before issuing a refund is for you to finish the course in full within 30 days of the courses start date and show proof of completing each assignment in full.
By requesting a refund for a course and accepting a refund for a course, you understand that you are fully withdrawn from the course and will lose access to all The Design Cure materials and materials made available by and submitted to The Design Cure, including but not limited to, all course lessons and assets, project files, assignments, critiques, and communities.
If you would like to request a refund, please e-mail us at email@example.com
Course Deferment Policy
If you enroll in a course and find yourself unable to keep up with your lessons and assignments due to an unanticipated scheduling conflict you may request a deferment. Please note that you may only defer once per registration in a specific course and may only defer to the next immediate session of the same course. Additionally, deferments may only be requested within 30 days of the date of purchase of a course.
All requests for deferment are evaluated individually and approved or declined at The Design Cure's sole discretion.
If you are within the 30-day window from the date of your purchase and you'd like to request a deferment, please e-mail us at firstname.lastname@example.org.
Internal Transfer Policy
If you enroll in a course and discover that it isn't for you, you may request to transfer to another The Design Cure course with an equal or lesser registration fee in lieu of requesting a refund. Transfers must be requested within 30 days of the date of purchase of a course.
All requests for transfers are evaluated individually and approved or declined at The Design Cure's sole discretion.
If you are within the 30-day window from the date of your purchase and you'd like to request a transfer, please e-mail us at email@example.com.
External Transfer and Account Access Policy
Your student account is registered solely to you, the individual human being who participates in The Design Cure courses. It is not transferable. This means you may not share, transfer, or otherwise give access to your account with anyone else--this includes co-workers, employers, employees, friends, family and colleagues.
These restrictions apply both to your seat in an active course and to any legacy or evergreen access to a course or other content purchased through your student account.
Limited Liability and Indemnification
IN NO EVENT ARE The Design Cure ITS OWNERS, OFFICERS, EMPLOYEES OR CONTRACTORS LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES TO PERSON OR PROPERTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, MEDICAL, LOST WAGES, DAMAGES RESULTING FROM LOSS OF PROFIT, LOSS OF CONTRACTS, LOSS OF REPUTATION, GOODWILL, DATA, INFORMATION, INCOME, ANTICIPATED SAVINGS OR BUSINESS RELATIONSHIPS, WHETHER OR NOT The Design Cure HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF A The Design Cure PRODUCT OR THIS WEBSITE, EXCEPT FOR PERSONAL INJURY OR DEATH OF A PERSON CAUSED BY THE NEGLIGENCE OF The Design Cure OR A DEFECTIVE PRODUCT.
IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY OF The Design Cure, ITS OWNERS, OFFICERS, EMPLOYEES AND CONTRACTORS FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS' FEES AND COSTS SHALL NOT EXCEED THE TOTAL AMOUNT OF THE COURSE PURCHASE PRICE.
Nothing in this Agreement limits or excludes liability for anything for which it would be unlawful for The Design Cure to limit or exclude.
You agree to defend, indemnify, and hold harmless The Design Cure, its owners, officers and employees from all claims and expenses, including attorneys' fees, arising from the use of information on this website or The Design Cure's courses and online services.
If we have a disagreement or dispute that we are unable to resolve between us, we both agree to continue to try to resolve our dispute in good faith. In this case, the person with the unresolved issue will provide the other a "Notice of Dispute." This Notice of Dispute will include a statement that outlines the cause of the grievance.
Within 20 days of receipt of the Notice of Dispute, we will meet at a mutually agreed upon time and place, electronically or in person, to work, in good faith, to resolve the dispute. Additional meetings shall take place as necessary and as mutually agreed upon.
Neither one of us can begin formal proceedings until we have concluded, in good faith, that a reasonable and mutually acceptable resolution is unlikely within 60 days. Requests for injunctive and other equitable relief are exempted from this requirement.
If we are unable to resolve the dispute within a reasonable period not exceeding 60 days of receipt of Notice of Dispute, we will submit the dispute for non-binding mediation by a single mediator who is competent in the issues involved. Mediation will take place in accordance with California statutes, Chapter 44, utilizing rules and procedures in place at the time of the dispute. All costs associated with mediation are paid equally between us.
Website and Course Content: Warranty, Accuracy and Use
How you use this website, participate in courses, and rely on information is up to you and at your own risk.
ALL COURSE MATERIALS, THIS WEBSITE AND ANY ASSOCIATED DOCUMENTS, RECORDINGS OR OPT-INS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We publish the information on this website in good faith and for general information purposes. Although we make a reasonable effort to maintain the resources of the website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. We do not make any warranties about the completeness, reliability and accuracy of this information.
BY USING THIS WEBSITE OR PARTICIPATING IN COURSES, YOU WAIVE AND FORFEIT ALL CLAIMS, PAST, PRESENT, AND FUTURE, AGAINST The Design Cure, ITS OWNERS, OFFICERS AND EMPLOYEES.
External Links – Limiting Liability for Links to Other Websites
We may include links that provide direct access to other internet resources, including websites. We are not responsible for the contents or reliability of any those resources or website, and we do not, expressly or otherwise, endorse the views or content expressed within those websites. The Design Cure has not investigated the claims made by any advertiser. Product information is based solely on material received from those suppliers.
The Actions and Opinions of Other Users
You must not use this website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of The Design Cure within www.thedesigncure.com and its subdirectories may be created by members of the public. The views expressed are theirs and unless specifically stated are not those of The Design Cure. We accept no responsibility for any loss or harm incurred from the use of this website or any of its information or content.
Viruses, Damage and Availability
The Design Cure makes no warranty or claim that functions available on this website or its courses will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.
Digital Millennium Copyright Act
The Design Cure respects the intellectual property of others and expects the users of its website to do the same.
If you believe the copyright in your work has been violated through this website, please contact The Design Cure with the information listed below, pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), which The Design Cure may then forward to the alleged infringer:
- identify the material on the website that you believe infringes your work, with enough detail so that we may locate it on the website;
- provide your address, telephone number and email address;
- provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- provide a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- provide your physical or electronic signature.
Upon receiving your complaint, The Design Cure may remove content that you believe infringes your copyright.
The Design Cure may analyze and optimize your content and browsing experience using cookies. A cookie is a piece of data stored on your hard drive to help us improve your access to our website and identify repeat visitors to our website. For instance, when we use a cookie to identify you, you do not have to log in a password more than once. Cookies can also enable us to track and target your interests to enhance your experience on our website. Usage of a cookie is not linked to any personally identifiable information on our website.
You can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience any interactive features of The Design Cure's services or web sites you visit.
Do Not Track
Do Not Track is a technology and policy proposal that enables users to opt out of tracking by websites. Your browser setting may allow you to automatically transmit a "do not track" signal to websites and online service you visit. There is no consensus among industry participants as to what "do not track" means in this context. Like many websites and online services, we do not alter our practices when we receive a "do not track" signal from a visitor's browser. To find out more about "do not track," please visit http://www.allaboutdnt.com.
Internet Traffic Data
Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process. The information is used to help analyze user traffic related to various services available through The Design Cure and to allow for a more customized and enjoyable user experience.
When you use this website and access services, products and materials, The Design Cure collects some information to make this possible. This information is only collected if you personally provide it to The Design Cure via e-mail, by phone, or otherwise through our website by making a purchase or requesting service. We do not knowingly collect personal information from minors.
Our SSL Certificate authenticates our identity to visiting browsers and encrypts information for the server via Secure Sockets Layer (SSL) technology. Encryption is the process of scrambling data into an undecipherable format that can only be returned to a readable format with the proper decryption key. A certificate serves as an electronic "passport" that establishes an online entity's credentials when doing business on the Web. When an Internet user attempts to send confidential information to a Web server, their browser will access the digital certificate of our server and establish a secure connection. Click on the key or padlock in your browser (typically found in the upper left-hand corner) to view our authentication.
Security of Information -No Guarantees
The Design Cure recognizes the importance of safeguarding the confidentiality of your personal information and employs reasonable measures designed to protect your information from unauthorized access, disclosure and use. However, no data transmission over the Internet or other network is guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the site or services, we cannot and do not guarantee the security of any information you transmit on or through the site or services, and you do so at your own risk.
Processing in the United States
Your personal information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our site or services, you agree that the collection, use, transfer, and disclosure of your personal information and communications will be governed by the applicable laws in the United States.
Testimonials and Reviews
We love to hear from you! The Design Cure may display your personal testimonial or customer review received via email or otherwise received from you. You give The Design Cure specific consent to use the personal testimonial or review. If you would like The Design Cure to remove your testimonial or review at any time, please simply contact us at firstname.lastname@example.org and we will promptly do so.
Information Collection, Use, and Sharing
Collection of Personally Identifiable Information
The Design Cure is the sole owner of the information collected on this website. We only have access to personally identifiable information that you voluntarily give us via email or by other direct contact with you. Personally identifiable information may include your name, e-mail and mailing address, or telephone number. We do not sell or rent this information with any other individual or business entity and will use it only as is reasonably necessary to provide products, materials, or services to you.
We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that it is necessary to: (a) conform to mandates of the law or comply with legal process served on The Design Cure; (b) protect and defend the rights or property of The Design Cure; and, (c) act under exigent circumstances to protect the personal safety of uses of www.thedesigncure.com or the public.
Your Access to and Control of Information
You may opt out of future contacts from us or request that we discontinue sending email and other communications at any time by clicking on link at bottom of the email contacting us at email@example.com.
Registration for Blog and Email List
You may complete a registration form to use this website or portions of it and, as part of that process, be required to give certain information (such as name and email address). This information is used to contact you about the products or services on our website in which you have expressed interest.
Right to Remove or Reproduce any User-Generated Material
"User-generated material" means any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to The Design Cure via any method at any page on www.thedesigncure.com or any other content communication or submission medium or forum.
By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with us directly or via www.thedesigncure.com, you grant us, free of charge, permission to use the material in any way we see fit (including the modification, reproduction, repurposing, marketing, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the state or country from which you are utilizing this website, nor the laws of The United States of America, and that you have the full rights to accept this condition.
All content (including visitor and user-generated content) submitted either via email, comment forms, or any other page hosted at www.thedesigncure.com, via its courses or its content aggregation systems becomes the property of The Design Cure.
Jurisdiction and Governing Law
Your use of www.thedesigncure.com is governed by the laws of the State of California. You hereby agree to submit to the exclusive jurisdiction of Manatee County in the State of California and the Federal Judicial District for the District of California court system by use of this website.
If any provision of this Agreement is found to be, unenforceable under the law, it doesn't affect the rest of the Agreement, which will stay in effect and fully enforceable.
This Agreement is subject to change without notice. All changes and updates will be posted on this page. The last update is effective as of November 1, 2017.
If you have questions or you believe that The Design Cure has not adhered to this Agreement, contact The Design Cure directly at firstname.lastname@example.org We will use commercially reasonable efforts to promptly determine and remedy the problem.