• I. Introduction and Disclaimer Information

  • Before using DevPoint Labs services, please read these Terms of Use carefully. These terms includes DevPoint Labs Private Policies, Terms and key sections. These terms constitute a binding agreement between you and DevPoint Labs LLC and its affiliates (“ DevPoint Labs ”, “ we ”, “ us ”). “You” and “users” shall mean all visitors to DevPoint Labs LLC. You accept these Terms each time you access services and facilities. If you do not accept these Terms, you must not use DevPoint Labs LLC services and facilities. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the DevPoint Labs service.

  • This agreement is a legally binding contract. It may change as our service changes and you agree you will review it and any updates regularly.

  • Future Revisions to Terms
  • We may revise these Terms at any time. An updated version will be available upon revision. Please visit this periodically to review the most current version. Your continued use of the DevPoint Labs service after a change to these terms constitutes your binding acceptance of these Terms.

  • Disclaimer Information:
  • REGISTERED UNDER THE UTAH POSTSECONDARY PROPRIETARY SCHOOL ACT (Title 13, Chapter 34, Utah Code).
    1. Registration under the Utah Postsecondary Proprietary School Act does not mean that the State of Utah supervises, recommends, nor accredits the institution. It is the participants’ responsibility to determine whether credits, degrees or certificates from the institution will transfer to other institutions or meet employer’s training requirements. This may be done by calling the prospective school or employer.
    2. The institution is not accredited by a regional or national accrediting agency recognized by the United States Department of Education.
  • II. DevPoint Labs Service

  • “DevPoint Labs Service” means the website located at www.devpointlabs.com and any associated applications, software and services under DevPoint Lab’s control, whether partial or otherwise, used in connection with providing the services provided by DevPoint Labs.

  • “Courses” covers education programs, workshops, classes and courses both online and offline. These Courses are offer training in technology, design, and entrepreneurship may be made free or for a fee, in DevPoint Lab’s sole discretion. Our curriculum is led by members, industry leaders and seasoned practitioner (collectively, “Instructors” ).

  • DevPoint Labs provides multi-media content library of all prior and current Courses and live-stream events of future courses. These are referred to as “Premium Content” and are made available to all participants.

  • Registering for a Course
  • Registering for a Course is done utilizing DPL’s Service through an online application. We cannot promise the availability of the Course.

  • Cancellation Policies
  • All cancellation and rescheduling policies are determined by DPL’s discretion. Please contact us directly and not Instructors, for any rescheduling or cancellation questions.

  • Social Media Service
  • You are able to engage in online posting and chat sessions with other users of the DevPoint Labs service and Instructors. You should always exercise caution, good sense, and sound judgment when submitting messages to be posted online. DevPoint Labs utilizes Google+, Facebook, Twitter and email for notifications, socials and curriculum updates. You are responsible for any comments or materials you post and assume all liabilities arising out of a post. Once a post is posted online it may live in perpetuity and messages posted today could be hold accountable to your credibility or reputation in the future.

  • Third Party Services
  • We use third-party services to help us provide the DevPoint Labs Service but such use does not indicate that we endorse them or are responsible or liable for their actions.

  • We may link to third-party websites to facilitate its services to you for supplement learning. Once you use these links, you will leave the DPL Service. DPL is not responsible for these third-party websites. We do not endorse the organizations sponsoring such third party products or services. You agree that DPL is not responsible or liable for any loss or damage of any sort incurred as a result of the presence of any third party advertising.

  • DevPoint Labs is NOT your Attorney or Financial Advisor.
  • You agree and acknowledge that DPL and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. Do not contact DPL for legal or financial advice. We do not give legal advice in any form or practice law.

  • Featuring You and Your Work
  • We may promote DevPoint Labs using the work you completed as part of completing a Course with your permission and you grant DPL a nonexclusive license to use your name in combination with your work in any and all media in connection with DPL marketing efforts. The use will be limited to promoting DPL.

  • III. Financials

  • You may have to pay a fee to attend a course or subscribe through the DPL Service.

  • Courses
  • DevPoint Labs may charge you fees to attend a Course. The amount of any fees may be revised by DPL from time to time and vary from location to location and topic to topic.

  • When you sign up for a Course that requires a payment, you agree to pay it. We use third party service providers, which offer various payment methods. Such methods could change solely upon the discretion of DPL.

  • Third Party Payment Processors
  • DevPoint Labs currently uses third party payment processors for electronic commerce. Our payment processors accept payments through methods detailed on the applicable payment gateway, which may include various credit cards and PayPal. DevPoint Labs does not store any credit card information. All verifications are done through payment processor’s payment gateway.

  • Pre-Authorization
  • When you provide payment information like credit card, to us to pay for any fees related to DPL, we, through our third party payment processor, may seek pre-authorization of your card prior to a purchase to verify the card is valid and/or has the necessary funds or credit available to cover your purchases. Pre-authorization will reduce your available balance by the authorization amount until it is released. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

  • Disputed Charges
  • You may send us an email to dispute charges to your account within 30 days of the charge. You agree to submit any disputes regarding any charge to your account in writing to DPL within thirty (30) days of such charge or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending us an email at contact@devpointlabs.com

  • Refunds
  • DevPoint Labs reserve the right but are not obligated to refund fees paid to us. You are entitled to a full refund, minus $100 of registration fee, before the start of the first day of the Course. Refunds are also given to you if you are one week or less into your Course and are unhappy with it for any reason; you can still receive a full refund minus $100 of registration fee. DevPoint Labs reserves the right to not provide any refund after the first week of class. DPL may modify its refund policy at any time with or without notice.

  • Taxes
  • DevPoint Labs will not collect or pay your taxes. It is between you and the IRS.

  • IV. Communication

  • DevPoint Labs may communicate with you through email or posting notice on the DevPoint Labs Service. You agree to receive email from us at the email address you provided during application for customer service related purposes.

  • Electronic Messaging
  • By using DevPoint Labs Service or by providing personal information to us, you agree that we may communicate with you electronically regarding all of the following: security, privacy, and administrative issues relating to your Course.

  • V. Content Ownership / Intellectual Property / Copyright

  • The contents of the DevPoint Labs Service include: designs, graphics, images, information, logos, text, software, audio and video files, computer code and other DPL content. All DPL content and compilation of the collections are the property of DevPoint Labs or its licensors and are protected under copyright and trademark laws.

  • No material made available through DevPoint Labs Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in anyway without written permission of the copyright owner unless such content is made available for and authorized to download a single copy for your own personal use.

  • DevPoint Labs Claims No Ownership
  • DPL Service may provide you with the ability to create, post or share content, including messages in Google+ and user created content. You retain all intellectual property rights to your user content. You are responsible for protecting those rights.

  • DevPoint Labs' Use of Your User Content
  • You grant DPL a perpetual, transferrable, world-wide, non-exclusive, royalty free license to use, modify, remove, publish, transmit or display your user content except for student work. We reserve the right to refuse to accept, post, display, or transmit any user content in our sole discretion.

  • Instructor content is also applicable to any content created for the purpose of your Course.

  • Copyright Policy
  • DevPoint Labs contains content from users and other DPL licensees. Except provided through these terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the DevPoint Labs Service.

  • Report any violation toward the DevPoint Labs Service copyright that you may have encounter.

  • The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the DevPoint Labs LLC service infringe your copyright, you (or your agent) may send DevPoint Labs LLC a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information: 

  • 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

  • 2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on DevPoint Labs Service are covered by a single notification, a representative list of such works);

  • 3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DevPoint Labs to locate the material on DevPoint Labs Service;

  • 4. Your name, address, telephone number, and email address (if available);

  • 5. A statement that you have 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; and

  • 6. 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.

  • DMCA permits you to send DevPoint Labs a counter notice, if you believe that a notice of copyright infringement has been wrongly filed against you.

  • Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf ).

  • VI. User Content / Suggestions

  • User Content
  • The contents of the DevPoint Labs Service include: designs, graphics, images, information, logos, text, software, audio and video files, computer code and other DPL content. All DPL content and compilation of the collections are the property of DevPoint Labs or its licensors and are protected under copyright and trademark laws.

  • Suggestions
  • DevPoint Labs reserves the right to utilize any suggestions, comments or creative ideas we can use without compensating you. DPL appreciates suggestions and we shall own exclusively all known rights and ideas; not liable for any use or disclosure of any creative ideas; and be entitled to unrestricted use for any purpose whatsoever.

  • VII. DevPoint Labs Liability

  • DevPoint Labs is not liable for the actions of our users when they use our service. We may also change the DPL service at any time and are not liable for how this may affect parties. We do not guarantee accuracy of any content you view using DevPoint Labs service or other.

  • Changes to DevPoint Labs Service
  • We may change, suspend, update or discontinue any aspect of DPL service at any time, including hours of operation or availability of the DevPoint Labs service, without any notice or liability.

  • Content Accuracy
  • DevPoint Labs makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the DPL service. Use DPL service at your own risk and always do your own research.

  • Disclaimer of Warranties
  • Released Parties includes: DevPoint Labs and its affiliates, officers, employees, agents, service providers, partners, instructors and co-instructors.

  • You use the DevPoint Labs service at your own risk. We make no warranties or guarantees.

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF DEVPOINT LABS SERVICE IS AT YOUR SOLE RISK, AND DEVPOINT LABS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON DEVPOINT LABS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) DEVPOINT LABS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) DEVPOINT LABS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DEVPOINT LABS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON DEVPOINT LABS SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN DEVPOINT LABS SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DEVPOINT LABS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

  • TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH DEVPOINT LABS SERVICE OR YOUR USE OF DEVPOINT LABS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

  • You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any DevPoint Labs Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

  • VIII. Consequences of Violating Terms

  • Violating any of these terms may prohibit your use of DevPoint Labs service. We reserve the right to suspend or terminate your access to DevPoint Labs service for any reason and at our discretion. DPL also reserves the right to refuse service for any future courses or programs.

  • DPL may remove user content at any time for any reason for activities due that: violate terms; violate state and federal laws, rules or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of others or harms or threatens the safety of users of DevPoint Labs.

  • IX. Arbitration

  • Any dispute arising from or regarding to the subject matter of DevPoint Labs shall be resolved in Utah. We will use arbitration to resolve any problems, and you cannot conduct a class action lawsuit or obtain a jury trial for any dispute related to your use of DevPoint Labs Service.

  • Governed by the laws of Utah, these terms between DevPoint Labs and you shall abide to all state laws. You and DPL agree to submit to the personal and arbitration of any dispute relating to your use of DevPoint Labs service under the rules of the American Arbitration Association. Any such arbitration shall be conducted in Salt Lake City, Utah. You also acknowledge not to sue DevPoint Labs in any other forum.

  • X. Contact Information

  • DevPoint Labs LLC
  • 370 South 300 East
  • Salt Lake City, Utah 84101