DatumGuy and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that DatumGuy and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as DatumGuy and the instructors deem appropriate.
A "Visitor," meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,
A "Student," meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Online Courses and other DatumGuy’s Services and/or services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.
A “Mentor” meaning that you have a User Account and have entered into the Mentor Services Agreement with DatumGuy to provide mentoring and project review services to Students.
The term "User" refers to a Visitor, Student, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any DatumGuy community (e.g., moderators, volunteers, or experts).
User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification ("User ID") and a unique user password ("User Password") (collectively, a "User Account"). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of an Online program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online Courses, to the extent applicable.
If you are Visitor, we may contact you through our in-website, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Any such credit or certification you receive for participation in Online Courses provided by an Educational party, may only be awarded directly by that Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive such credit or certification. In no event will DatumGuy have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course.
If you are not accessing, using, or taking an Online Course on the DatumGuy Websites provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of DatumGuy, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course ("Verified Certificate"), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner. You acknowledge and agree that instructors of any Educational Partner provided Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution and you will abide by the Student Conduct Policy listed below.
Online Courses you purchase for academic credit or certification from an Educational Partner or for certification from the DatumGuy site are eligible for refund under terms specified in the section entitled "Payment Terms" below. If a refund is issued, you’ll no longer receive certification and associated services for the course, but can continue to access the free courseware when available.
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):
that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
that violates the rights of other Users of the Services; or
that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online Course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an "honor code," those terms shall apply to you as a student and/or employee of such institution.
The Services are owned and operated by DatumGuy and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of DatumGuy and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights.
DatumGuy logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses, are the property of DatumGuy. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of DatumGuy.
From time to time, DatumGuy may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. DatumGuy and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. DatumGuy has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
As used herein, "Educational Content" means a sub-set of the Content containing the educational materials made available to you through the Online Courses, including such on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the "Licensed Material" under the terms of the CC License (as defined below).
DatumGuy hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the "CC License") provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that DatumGuy expressly defines as falling outside of the definition of "non-commercial":
(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorship, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorship, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any "pop-up advertisements";
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
DatumGuy may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, "User Content"). DatumGuy is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. DatumGuy does not claim ownership of any User Content you, or other User, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to DatumGuy below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.
From time to time, DatumGuy (or its third-party service providers on behalf of DatumGuy) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to DatumGuy through a DatumGuy website/portal or the website/portal of DatumGuy’s service provider. In the event that DatumGuy (or its service provider) makes such a request to you, DatumGuy will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to DatumGuy (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to DatumGuy); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to DatumGuy’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License. In the event that you use any tools or other services of DatumGuy’s service provider(s) in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such service provider in conjunction with such use.
With respect to any User Content you submit to DatumGuy (including for inclusion on the Websites or Online Courses) or that is otherwise made available to DatumGuy, you hereby grant DatumGuy an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to DatumGuy above shall be exclusive. DatumGuy reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit DatumGuy to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and DatumGuy, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.
You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s). In addition, if your employer has sponsored or paid for your Online Course, your access to our career services offering may be disabled.
By enrolling in an Online Course or purchasing any of our Services and providing DatumGuy with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by DatumGuy through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process ("Payment Method"). You agree to DatumGuy, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the DatumGuy Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. DatumGuy does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations.
Except as otherwise required by law or subject to contractual obligations, Users enrolling in an Full paid Online program have seven (7) days from the first date the Online Course begins in any individual segment to disenroll and request a full refund by going to your account settings and canceling or by contacting us at support@DatumGuy.com. Fees paid for such programs are thereafter non-refundable for that Program, even if the User selected to pay for the Program in installments. After the seven (7) days, you are still able to disenroll at any time by going to your account settings, however, you will lose access to certain Services and features, such as Mentor services, and shall not receive a refund.
Subscription Based Payments: BY SELECTING A SUBSCRIPTION BASED ENROLLMENT, YOU EXPRESSLY AUTHORIZE DATUMGUY TO AUTOMATICALLY CHARGE THE APPLICABLE RECURRING MONTHLY FEE AND ANY AND ALL APPLICABLE TAXES TO YOUR PAYMENT METHOD UNLESS AND UNTIL YOU DISENROLL, ARE REMOVED, OR GRADUATE. For any Services or products that are provided on a subscription basis, unless otherwise specified upon enrollment, your Payment Method will be authorized for up to approximately one month service charges once your Online Course begins. Your subscription will continue on a month-to-month basis with recurring payments unless and until you disenroll, are removed, or graduate. You agree to pay the then current applicable monthly payment.
Each month, the monthly fee will automatically be billed on the date you subscribed for the online course. For example, if you begin a paid subscription on January 1st, you will be charged on January 1st for the first month and your Billing Date will be the 1st of each subsequent month until you disenroll or are removed from the Online Course or graduate. For certain months, your Billing Date may vary slightly if your Billing Date does not have a corresponding date the next month – for example if the first charge was made on January 31st you will be billed on February 28th. Failure to pay may result in the termination of your subscription.
Your subscription will continue unless and until you graduate, terminate your subscription, or we terminate it. You may terminate your subscription by contacting us at support@DatumGuy.com and requesting to be disenrolled in a particular Online Cours. You must disenroll from an Online Course last day of your previous billing period in order to avoid being billed for the next period’s monthly fee. If you choose to disenroll from an Online Course, you may use the Online Course until the end of the current period but will not be issued a refund for the most recently (or previously) charged monthly fees. At the end of the then-current period, you will lose access to certain Services and features.
When you graduate from an Online Course before your next Billing Date, you will not be billed for the next period’s monthly fee. After graduation, you may have access to the educational content for that online course for upto 9 months after you graduate.
We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. If we notify you in advance of at least fifteen (15) days, your continued use of DatumGuy and the Online Course after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by disenrolling. If you accept the new subscription, its terms and conditions with these Terms will apply for all future months.
Refunds: Other than stated above for each form of enrollment, you hereby acknowledge and agree that DatumGuy will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid. We do not guarantee refunds for lack of usage or dissatisfaction. For subscription-based enrollments, upon the termination of your subscription—whether by disenrollment or graduation—you will not be charged for future monthly fees. However, you will not be issued a refund for the most recently (or any previously) charged fees. If you purchase any Online Course or Service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by DatumGuy. Except as otherwise explicitly stated by DatumGuy, the third-party marketplace will be solely responsible for making refunds under its refund policy, and DatumGuy will have no refund obligations. DatumGuy disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
Taxes: When you purchase any Online Course or other Service or product from DatumGuy, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that DatumGuy determines it is required to collect (“Taxes”). Please note that DatumGuy will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize DatumGuy to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where GST collection is required, if any, GST will be calculated and added at checkout. You hereby agree to indemnify and hold DatumGuy harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, GST, and any related penalties and/or interest.
You acknowledge and agree that DatumGuy’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the applicable FAQ for additional information about limitations and hours of availability. You also understand that DatumGuy, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses, such as access to Mentors, evaluation services, career services, records of Online Course completion, or other DatumGuy Services. You also understand that DatumGuy may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.
SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
The Websites and/or Online Courses may contain links to pages or content on third-party websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. DatumGuy does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. DATUMGUY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
DatumGuy respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
your 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 owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.