This Statement contains the Web Site Terms and Conditions of Use. PLEASE READ CAREFULLY.
1. Terms
By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use. You further agree that you are responsible for compliance with any and all applicable local laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this web site.
2. Use License
Permission is granted to temporarily use the materials (information or software) on Discovery Avenue, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:- a. modify or copy the materials;
- b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- c. attempt to decompile or reverse engineer any software contained on Discovery Avenue, LLC's web site;
- d. remove any copyright or other proprietary notations from the materials; or;
- e. transfer the materials to another person or "mirror" the materials on any other server.
3. Security for private account access
YOU are responsible for creating private account access information and for maintaining the security of that information. If the security of that information is breached by a third party, Discovery Avenue, LLC shall not be liable for any access to your account not authorized by YOU and in no event shall Discovery Avenue, LLC be responsible for reimbursing YOU for damages or losses claimed to occur as a result of that unauthorized access. If YOU become aware of any fraudulent activity, including unauthorized access to your account, YOU must report the fraudulent activity to Discovery Avenue, LLC in writing, within 5 days of it occurring, and provide all further requested information to and cooperate with Discovery Avenue, LLC.4. Disclaimer
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a. The materials on Discovery Avenue, LLC's web site are provided "as is". Discovery Avenue, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or other violation of rights.
b. Discovery Avenue, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
c. All statements made in the website about the results of use of the Discovery Avenue tool are expressions of opinions only and not warranties.
5. Refund Policy
Discovery Avenue, LLC is providing potential customers a free two week trial to use the Discovery Avenue tool to decide if it is a product they want to use. Consequently, if a customer purchases the product, there will be NO REFUNDS of the purchase price. There are NO REFUNDS on DA Interactive sessions.
6. Copyright & Trademark Notice
Use of Intellectual Property
The Discovery Avenue, LLC website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, and data compilations, is the property of Discovery Avenue, LLC or its content suppliers and protected by United States and international copyright laws.
In addition, Discovery Avenue , LLC graphics, logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Discovery Avenue LLC or by other parties that have provided rights thereto to Discovery Avenue LLC.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Discovery Avenue, LLC Website, in whole or in part, without the express written permission of Discovery Avenue, LLC.
Other trademarks, service marks, product names and company names or logos appearing on this Discovery Avenue, LLC Website that are not owned by Discovery Avenue, LLC may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may
not hyperlink to any page beyond the homepage of this Discovery Avenue, LLC Website, nor frame this Discovery Avenue, LLC Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Discovery Avenue, LLC Website in an email for commercial purposes, without the express written permission of Discovery Avenue, LLC.
You may inquire about obtaining permission by writing:
Discovery Avenue, LLC
P.O. Box 361
St. Cloud, MN 56302
Copyright Infringement
Discovery Avenue, LLC respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Discovery Avenue, LLC Website, you are granting permission to have this material posted on this Discovery Avenue, LLC Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Discovery Avenue, LLC reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Discovery Avenue, LLC may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.
Procedure for Making Claim of Copyright Infringement
Discovery Avenue, LLC respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Discovery Avenue, LLC will respond expeditiously to claims of copyright infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail:
Discovery Avenue, LLC
P.O. Box 361
St. Cloud, MN 56302
Pursuant to 17 U.S.C. 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 Discovery Avenue, LLC to locate the material.
(iv) Information reasonably sufficient to permit Discovery Avenue, LLC to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address.
(v) 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.
(vi) 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.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
7. Limitations
In no event shall Discovery Avenue, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Discovery Avenue, LLC's Internet site, even if Discovery Avenue, LLC or a Discovery Avenue, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Revisions and Errata
The materials appearing on Discovery Avenue, LLC's web site could include technical, typographical, or photographic errors. Discovery Avenue, LLC may make changes to the materials contained on its web site at any time without notice. Discovery Avenue, LLC does not, however, make any commitment to update the materials.
9. Links
Discovery Avenue, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Discovery Avenue, LLC of the site. Use of any such linked web site is at the user's own risk.
10. Site Terms of Use Modifications
Discovery Avenue, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Web Site Terms and Conditions of Use.
11. Claims, Governing Law, Venue
a. Any claim relating to Discovery Avenue, LLC's web site including but not limited to the Terms and Conditions of Use shall be governed by the laws of the State of Minnesota and brought in Minnesota without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state laws.
b. Claims may not be resolved through any form of class action claim.
12. Dispute Resolution
If any dispute or controversy of any kind and nature between the Parties to this Agreement arises out of or in connection with this Agreement as to the existence, construction, validity, interpretation, or meaning, performance, non-performance, enforcement, operation, breach continuance, or termination of this Agreement, the parties agree that the following steps toward resolution will be immediately taken:
a. Correspondence
(i) Either Party may initiate negotiation proceedings by sending a e-mail or other writing to the other Party setting forth the particulars of the dispute, the terms of the Agreement that are involved, and a suggested resolution of the problem.
(ii) The recipient of the correspondence must respond within ten (10) days with a response and a proposed solution.
b. Mediation
If correspondence and any subsequent negotiation does not resolve the dispute within fourteen (14) days from the first correspondence, the the Parties shall submit to mediation with a mediator mutually agreed to by the Parties. The mediation shall be completed within 60 days of the mediator's acceptance of being the mediator, unless the Parties agree on a later deadline. If a party to the dispute does not submit to mediation, then the other party may proceed to enforce the submission to mediation by filing an action in court and have the court order mediation. The party who files the court action is entitled to the attorneys fees and costs incurred in proceeding with the court action to enforce the submission to mediation.
c. Arbitration
If the mediation is unsuccessful, then the dispute shall be submitted to Arbitration in the County of Hennepin, State of Minnesota, on the request of either Party within fourteen (14) days of the date of the unsuccessful mediation. Any such arbitration shall comply with and be governed by the provisions of the Commercial Arbitration Rules of the American Arbitration Association or such other arbitrator or rules as the Parties agree to.
13. Interpretations of Terms and Conditions
All interpretations of the Terms and Conditions shall be at the sole discretion of Discovery Avenue, LLC.
14. Consent to receive electronic communications
By accessing the Discovery Avenuetm tool you consent to receive all communications relating to your account in electronic form. After you have consented, if you want to withdraw your consent to receive electronic communications, you may send your withdrawal in writing to
Discovery Avenue, LLC
P.O. Box 361
St. Cloud, MN 56302.
Any withdrawal of your consent to electronic communications will be effective only after we have had a reasonable time to receive and process your withdrawal request.
These terms were last updated on March 28, 2016.
