Terms
IDEO LLC's Terms and Conditions of Use ("TOU" or "Terms") were last updated on March 7, 2019.
Table of Contents
1. Modification of TOU
2. Eligibility
3. Registration and Your Information
4. Payment Terms and Refund/Deferral Policy
5. Honor Code
6. Grant and Restrictions on Use
7. Acceptable Use Policy
8. Submitted Content
9. Digital Millennium Copyright Act ("DMCA") Infringement Notification Procedures
10. Third Party Sites, Services and/or Resources
11. Termination
12. Disclaimer
13. Liability
14. Governing Law and Jurisdiction
15. General Provisions
16. Contact Information
IDEO LLC and/or its related, parent, affiliated or subsidiary companies ("IDEO U") owns and/or operates the internet site located at www.ideou.com ("Site"). These Terms apply to your access to, and use of, the Site and features and applications accessible through, or in connection with, the Site, including without limitation your enrollment in any courses on the Site (collectively, the "Services"). Certain Services, some of which may be provided by third parties, may be subject to additional terms and conditions (collectively, "Additional Terms") as may be set forth in these Terms, on the Site, or in connection with your use thereof, and your use of the Site and such Services constitutes your agreement to all applicable Additional Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH IDEO U, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES AND SERVICES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, IDEO'S PRIVACY POLICY AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1. Modification of TOU
IDEO U reserves the right to change or modify any of the terms and conditions contained in the TOU at any time and in its discretion. If IDEO U changes or modifies these Terms, IDEO U will post the changes to this TOU on the Site and will indicate at the top of this page the date this TOU was last revised. We may also choose to notify you of any material changes or modifications to the TOU through your email address that you have used to register on the Site. Any changes or modifications will be effective immediately upon posting of the revisions to the Site. Your continued use of the Site following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to this TOU and to review such changes. If you do not agree to the amended TOU, please discontinue using the Site. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2. Eligibility
Children (persons under the age of 13) are not eligible to use the Site or any Services in any way. You may use the Services only if you are over 18 years of age, an emancipated minor, or if you possess legal parental or guardian consent, are fully capable of forming a binding contract with IDEO U, and are not barred from using the Services under applicable law. Minors between the age of 14 and 18 may not use the Site or any Services unsupervised. If you are between the ages of 14 and 18, you may only use the Site and Services in conjunction with and under the supervision of your parents or legal guardians. Users may not submit any information about or identifying children in any way and IDEO U has the right to discontinue access to the Site or any Services in the event a user does so. In any case, you affirm that you are over the age of 13 since access to the Services is not intended for children under 13. If you are under 13 years of age, do not use the Services. If IDEO U learns that you are under 13 and your personally identifiable information has been collected, then we will delete your Account (defined below) and all personal information associated with it. In addition, certain Courses (defined below) may have additional eligibility requirements, as specified on the Course website.
3. Registration and Your Information
To purchase any IDEO U course or class, you may either checkout as a guest or, if you are purchasing on behalf of others, you will need to create an account ("Account") with Shopify. You may review their terms of service and privacy policy at https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy, respectively.
If you want to participate in the Hello Design Thinking class, you will also have to create an account through the Site.
If you want to participate in any IDEO U course or class except Hello Design Thinking, or use certain features of the Services you will have to create an account via our partner, NovoEd's site at https://novoed.com/. Please note that you may review their terms of service and privacy policy at https://novoed.com/terms and https://novoed.com/terms#!/privacy-policy, respectively.
It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not, we may have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.
4. Payment Terms and Refund/Deferral Policy
Courses are provided for a fee. You agree to pay any applicable Course fee and any taxes and other fees that may accrue in relation to your registration for a Course, if any. Course fees will be payable in advance via PayPal or credit card checkout processed by Stripe, both powered through the Shopify platform. All Course fees are non-refundable and non-transferable. All fees and applicable taxes, if any, are payable in United States dollars.
Please email hello@ideou.com with any questions or requests.
5. Honor Code
By registering for a Course, you agree to: complete all assessments, problems, homework and assignments with your own work (unless collaboration is expressly permitted); acknowledge any and all external sources used in your work; refrain from any activity that would dishonestly or fraudulently improve your results or disadvantage others in the Course; accurately represent your work if you use or discuss it outside of the Services; be a responsible participant and communicate with respect to other participants in any discussion or feedback forum; and not access or attempt to access any other user's Account, or misrepresent or attempt to misrepresent your identity while using the Services. This Honor Code is not intended to prohibit discussion of Course material. While students must submit work that is their own, students should feel free to discuss Course topics or other Course material with other participants. If you use the Services in a manner that is inconsistent with the Honor Code we may suspend or terminate your Account.
6. Grant and Restrictions on Use
IDEO U grants you a non-exclusive, revocable right to use the Site for its intended purpose provided that you do not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Materials.
IDEO U hereby grants you a limited license to use the Materials provided by IDEO U solely for your personal, non-commercial use. Nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property right in the Site or any Materials.
While IDEO U endeavours to ensure that the Site is available at all times, IDEO U shall not be liable if, for any reason, the Site is unavailable at any time or for any period. Please check the FAQs for information regarding supported devices as the Site may not run on all mobile platforms.
7. Acceptable Use Policy
It is not necessary to fulfill the purpose of the Site for a user to disclose personally identifiable information to the public and IDEO U advises against such. It is each user's decision as to whether they add personal information to their profile or upload a photograph of themselves and to opt to make these visible to other users. You are prohibited from posting or transmitting any "sensitive" personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.
You are also prohibited from:
- using the Site to send or post harassing, abusive, or threatening messages;
- transmitting through the Site any information, data, text, files, links, images, software, or other materials that IDEO U considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our users, partners, customers or suppliers;
- attempting to conceal or misrepresent the identity of the sender, user or person submitting the information, or impersonate any individual (real names, email addresses and other information must be used);
- disrupting the normal flow of the Site, including any dialogue on the Site, or otherwise acting in a manner that negatively affects other users; or posting any unsolicited chain letters, advertising, promotional materials, contests, or any other commercial or non-commercial solicitations;
- sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
- intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site;
- posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming; and
- posting any Submitted Content or using the Site in such a way that damages the image or rights of IDEO U, other users, or third parties, including posting Submitted Content that breaches the copyright (or other proprietary rights) of third parties.
8. Submitted Content
Your use of and contributions to the Site are entirely voluntary, non-confidential and gratuitous. The Site enables you to submit, post, and share Submitted Content with IDEO U and other users as set forth hereunder, however you must be a registered user to post any Submitted Content to the Site. You are able to post Submitted Content at any time, but you may not be able to edit or remove it. You may be able to remove some of your Submitted Content by specifically deleting it; however, in certain instances, some of your Submitted Content (such as posts or comments you make) may not be removed or may not be completely removed and copies of your Submitted Content may continue to exist on the Services. IDEO U is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Submitted Content. You understand that all Submitted Content, as well as your username will be deemed public and not confidential and posting of your Submitted Content does not establish a confidential relationship with IDEO U or any other user. IDEO U retains the right to review, edit or delete from the Site any Submitted Content, which IDEO U in its sole discretion considers illegal, offensive or otherwise inappropriate.
IDEO U does not want to receive through the Site any confidential or proprietary information or any materials otherwise subject to use restrictions. IDEO U reserves the right to review your Submitted Content in order to ensure compliance with these Terms and our Privacy Policy. IDEO U reserves the right to deny or revoke access to the Site for any user, or any part thereof, at any time in its sole discretion, with or without cause. By making any Submitted Content available through the Services, you hereby grant to IDEO U a non-exclusive, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your Submitted Content in connection with operating and providing the Services and Materials to you and to other users. Other users may be granted access to your Submitted Content and as such no Submitted Content should be deemed to be or will be considered private. You may also have access to other users' Submitted Content and your use thereof will be entirely at your own risk, for which IDEO U shall not be liable.
You are solely responsible for all your Submitted Content. You represent and warrant that: (i) you are the owner of all of your Submitted Content, (ii) you have all legal right and authority to (a) submit and post the Submitted Content to the Site and (b) grant IDEO U and other users the license and rights to review and comment on your Submitted Content, (iii) your Submitted Content represents your own original work, (iv) all necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for the Submitted Content depicting people, products, businesses, or other content) have been obtained for you to submit the Submitted Content and grant the rights and licenses contained herein and (v) your Submitted Content will not infringe upon any other individual's or entity's rights, or result in the violation of any applicable law or regulation. You agree to defend, indemnify and hold IDEO U harmless from any damages, losses, costs, or expenses, including attorneys' fees, that IDEO U may incur as a result of your Submitted Content or your violation of these Terms.
You acknowledge and agree that IDEO U is not responsible for resolving any disputes between you and other Course participants regarding your rights to any Submitted Content or other materials or inventions which may have been created by you alone or jointly with other Course participants.
9. Digital Millennium Copyright Act ("DMCA")
Infringement Notification Procedures
It is IDEO U's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, IDEO U will promptly terminate without notice the Accounts of users that are determined by IDEO U to be "repeat infringers." A repeat infringer is a user who has been notified by IDEO U of infringing activity violations more than twice and/or who has had Submitted Content removed from the Site more than twice.
To file a copyright infringement notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(c)(3) of the DMCAto confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the notice is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.").
- 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 (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is (are) allegedly infringed by the aforementioned content.").
To expedite our ability to process your request, such written notice should be sent to our designated copyright agent via email at copyright@ideo.com or via regular mail to the following address:
IDEO
LLC
2525 16th St.
San Francisco, CA 94103
Attn: Legal / IDEO DMCA copyright infringement notification
For clarity, only DMCA notices should go to the IDEO designated copyright agent. Any other feedback, comments, requests for technical support or other communications should be directed to IDEO U through hello@ideou.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please note that under Section 512(f) of the DMCA, any person who materially misrepresents that material or activity is infringing may be subject to liability for damages (including costs and attorneys' fees). Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification Procedures
The process for counter-notifications is governed by Section 512(g)(3) of the DMCA. To file a counter notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(g)(3) of the DMCA to confirm these requirements):
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing the specific URL(s) of the material that IDEO U has removed or to which IDEO U has disabled access is the best way to help us locate content quickly.
- Your full name, address, telephone number, and email address, and the username of your IDEO U account.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which IDEO U may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (for example, "I swear, under penalty of perjury, that I have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.").
Send the written communication to our designated copyright agent via email at copyright@ideo.com or via regular mail to the following address:
IDEO
LLC
2525 16th St.
San Francisco, CA 94103
Attn: Legal / IDEO DMCA copyright infringement notification
Please note that under Section 512(f) of the DMCA, any person who materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Accordingly, if you are not sure whether certain material infringes the rights of others, we suggest you consult your legal counsel.
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
10. Third Party Sites, Services and/or Resources
The Services contain links to third-party websites, services and/or resources. We provide these links as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, services and/or resources and acknowledge such use is subject to any terms of use of those websites, services and/or resources.
11. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may request cancellation of your Account at any time by sending an email to us at hello@ideou.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of this TOU which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
12. Disclaimer
The Courses, Materials and information on the Site may include technical inaccuracies or typographical errors. IDEO U may make changes or improvements at any time without notice. The Courses, Materials, information and Services on this Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, IDEO U provides the Site on the basis that IDEO U excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for this TOU might have effect in relation to the Site.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT IDEO U DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES IDEO U MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. IDEO U MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
If you are an entity, organization, or company, you take full responsibility for your employees or agents who may use the Site or Services and you indemnify IDEO U against any claim resulting from your employee’s breach of these Terms.
To the maximum extent permitted by applicable law, IDEO U and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the Site, any websites linked to the Site, the Courses, or the Material, including but not limited to loss or damage due to viruses that affect your computer equipment, devices, software, data or other property on account of your access to, use of or browsing the Site, uploading Submitted Content, or your accessing or using any Submitted Content, Courses or Materials from the Site or any website linked to the Site.
IN NO EVENT WILL IDEO U'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS EXCEED THE AMOUNTS YOU HAVE PAID TO IDEO U FOR USE OF THE AFFECTED COURSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IDEO U AND YOU.
Nothing in this TOU shall exclude or limit IDEO U's liability for (i) fraud, willful misconduct or gross negligence; (ii) death or personal injury caused by IDEO's negligence; or (iii) any liability which cannot be excluded or limited by law.
14. Governing Law and Jurisdiction
This TOU and the Privacy Policy are governed by and shall be construed in accordance with the laws of the State of California, USA, excluding the application of its conflict of law rules. You agree that any dispute arising out of or relating to the Site, Services, or Materials, may only be brought by you in a state or federal court located in the Northern District of California. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE NORTHERN DISTRICT OF CALIFORNIA.
15. General Provisions
This TOU constitutes the entire and exclusive understanding and agreement between IDEO U and you regarding the Services, Courses and Materials, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between IDEO U and you regarding the same. If for any reason a court of competent jurisdiction finds any provision of this TOU invalid or unenforceable, such provision will be deemed omitted and the other provisions of this TOU will remain in full force and effect.
You may not assign or transfer this TOU, by operation of law or otherwise, without IDEO U's prior written consent. Any attempt by you to assign or transfer this TOU, without such consent, will be null and of no effect. IDEO U may freely assign or transfer this TOU without restriction. Subject to the foregoing, this TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by IDEO U under this TOU, including those regarding modifications to this TOU, will be given: (i) by IDEO U via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
IDEO U's failure to enforce any right or provision of this TOU will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IDEO U. Except as expressly set forth in this TOU, the exercise by either party of any of its remedies under this TOU will be without prejudice to its other remedies under this TOU or otherwise.
16. Contact Information
If you have any questions about these Terms or the Services, please contact IDEO at hello@ideou.com.
