Develop Subscriber Terms and Conditions
|Rules for users and Subscribers||Develop.com (“Develop”) provides a subscription service (“Subscription”) that allows subscribers (“Subscribers”) to access video and other content (“Develop Content”) via the Internet.|
|We will tell you about changes we make to the rules||These Subscriber Terms and Conditions and all other rules, policies, and guidance published by Develop regarding the Subscription, including Develop’s Privacy Statement (collectively, and as may be changed from time to time, the “Subscriber Terms”), govern your access to and use of Develop, and you agree to be bound by these terms. Develop reserves the right to change the Subscriber Terms under which the Develop Content is offered, in our sole discretion. If we make material changes, we will give you notice via the service, or by other means.|
|Using Develop means you agree to these rules||You acknowledge and agree that by (i) visiting, viewing, using, or accessing Develop.com, or (ii) clicking “Agree,” “Purchase,” “Submit,” or similar links that you have read, understand, and agree to be bound by these Subscriber Terms, irrespective of whether you are a guest or Subscriber of Develop. If you do not agree to these Subscriber Terms, you may not access or use Develop. Your use and access to Develop.com and the Develop Content is expressly conditioned on your agreement to all of the Subscriber Terms.|
If you do not agree to these Subscriber Terms, do not subscribe, access or otherwise use Develop.com or any of the Develop Content.
|We respect the intellectual property of others, and we ask you to do the same||The Develop Content is protected by copyright and other laws in both the United States and elsewhere, and includes content owned or controlled by Develop as well as content owned or controlled by third parties and licensed to Develop. |
Develop grants to you a non-exclusive license to use the Develop Content subject to all the terms and conditions set forth in the Subscriber Terms. This license, once you subscribe, allows you to view and engage in all aspects of the Develop Content (the particulars of which will vary on a course-by-course basis). The license governs any and all versions of the Develop Content, including upgrades or additional features we provide that would replace or supplement the original.
|You can use the Develop Content, with some restrictions||This license is granted solely to you on a personal or business (but non-commercial) basis, and all other uses are expressly prohibited. You may not redistribute, modify, transmit, reproduce, assign, sell, broadcast, rent, share, lend, adapt, edit, create derivative works of, sublicense, or otherwise transfer any Develop Content unless given express written permission to do so by an authorized representative of Develop. If we believe you have violated any term of this license, we reserve the right to disable, deactivate, discontinue, or limit your access to any or all Develop Content.|
|We offer different prices and commitment options for Subscriptions||Develop Content varies greatly, encompassing an assortment of topics and skill levels. Develop offers Subscription plans that may change from time to time, and the Develop Content that you will have access to as a Subscriber depends on the type and level of Subscription plan you purchase. The plans are available at varying prices and for varying terms. Please refer to the details of these particular Subscription plans on Develop for current information on pricing and term offers. By using the Develop Content, you are agreeing to the Subscriber Terms as well as any particular conditions or limitations posted regarding the Develop Content.|
|You need an account to access Develop Content||You will be asked to provide certain identifying information and to input a password to create and maintain an account, and you may be requested to verify your identity before your account is authorized. Develop’s collection, use, and sharing of your personal data is subject to our Privacy Statement.|
|You need to be old enough to have a Subscription||You must have reached the age of consent for online services in your country to use Develop. If you are not the required age, you may not set up a Develop Subscription. By using Develop, you agree to follow the Subscription Terms and all applicable laws.|
|Don’t share your Subscription||You are responsible to keep your password safe, and you may not share, transfer, or assign your Subscription or any Develop Content to anyone else. If you share your account login credentials with anyone else, you are responsible for what happens with your account. Develop may take actions we deem reasonably necessary to prevent fraud and abuse with respect to your Develop Subscription, including placing restrictions on the type or quantity of Develop Content or other services that you can access at any one time.|
|Your Subscription will automatically renew||Your Develop Subscription will continue and automatically renew until terminated. To create and maintain your Subscription, you need to provide us with one or more Payment Methods, which you may change or update at any time through the “Account Details” page. A “Payment Method” means a current, valid, accepted method of payment, as may be updated or substituted from time to time. You must cancel your subscription before it renews in order to avoid incurring Subscription charges to your Payment Method for the next billing cycle (see “Cancellation” below).|
|You will be charged|
for your Subscription
|Develop’s fees for purchased content, membership plans, Subscriptions, and other services will be stated at the time of your purchase or sign-up, as applicable. We reserve the right to change fees at any time. Fees may be subject to tax and are non-refundable except in the specific circumstances described in these Subscriber Terms. As part of your Subscription, you authorize your Payment Method to be billed and us or our authorized third-party payment processor(s) the right to process your payment.|
|You are responsible for paying for your Subscription||If your payment is not successfully settled due to expiration, insufficient funds, or another reason, you remain responsible for and agree to pay any unpaid amounts due under the terms of your Subscription. We may collect fees owed by other collection methods, including charging other Payment Methods on file with us or retaining collection agencies and legal counsel, the fees for which you are liable. Your obligation to pay fees continues through the end of your applicable Subscription term. |
We may include separate charges for sales, use, value-added, or excise taxes, and any other similar taxes or duties, which we will remit to the appropriate taxing authorities.
Limited refunds may be issued, in Develop’s sole discretion, under specific circumstances related to a failure of the Develop platform. Examples include an outage or technical access issue to the Develop Content, an alleged inaccurate description, insufficient content, or quality control failure of Develop Content, or other similar reasons. Refund requests must be made in writing, and must describe the specific circumstance under which a refund is sought. Requests should be mailed to Develop.com, Attn: VP of Operations, 9000 Regency Parkway, Suite 400, Cary, NC 27518.
|You can end this contract|
if you want
|If you are unhappy with your Subscription, your sole right and exclusive remedy is to terminate your Subscription. You can stop using the Develop Content at any time, but you will continue to be billed for your Subscription unless you cancel. Upon cancellation, you will not receive a refund of any fees already paid.|
|This is how to cancel your Subscription||You may cancel your Subscription plan through contacting support, as directed on the Develop site, develop.com. Once cancelled, your Subscription will remain active until the end of the current billing period for your Subscription until it expires or is earlier terminated as set forth in “Your Account.” Your member benefits, license, and access to Develop Content terminate when your Subscription term ends.|
|This is what happens after your Subscription ends||After any termination, we may delete your account and content, and we may prevent you from further accessing the Develop platform. Develop Content may, but will not necessarily, be available to you once your account is terminated. You acknowledge and agree that Develop may retain and store your information on its systems for archival purposes notwithstanding any termination or cancellation of your Subscription or your discontinued use of or access to the Develop Content.|
|You are using Develop|
at your own risk
|Develop and all of the Develop Content are delivered to Subscribers on an “as-is” basis, without any express or implied warranties of any kind. Develop and its affiliates, to the fullest extent possible, disclaim all warranties, including but not limited to warranties regarding title, merchantability, and fitness for a particular purpose. Develop and its affiliates make no warranties about Develop, the Develop Content, or their accuracy, completeness, or reliability, nor does Develop warrant virus, bug, malware, or other error free condition and operation of Develop or the Develop Content.|
|We do not guarantee any specific will result from your use of the Develop Content||Develop is not a school or educational institution. Develop does not represent, warrant, or guarantee that you will obtain any particular result from use of the Develop Content. This includes, but is not limited to, a disclaimer of any specific learning, mastery of any skill or subject matter, ability to pass any test or exam, qualification for any job or role, or ability to achieve any other result based on using the Develop Content.|
|We aren’t responsible for anything bad that may happen because of using Develop||Under no circumstance will Develop be liable to you or any third party for any damages, claims, losses, expenses, or costs from, because of, or related to the Develop Content and/or Subscriber Terms. This limitation of liability applies to any and all types and causes of action, whether or not Develop was informed of, knew, or should have known of the likelihood of such damages. |
Irrespective of this limitation of liability, under no circumstance will Develop be liable to you or any third party for any amount exceeding what you have actually paid to access Develop Content in the 12-month period prior to any claim.
|You will protect and defend Develop if you behave badly and get us in legal trouble||You agree to defend, indemnify, and hold harmless Develop, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, demands, losses, damages, judgments, awards, costs, expenses, and fees (including reasonable attorneys’ fees) (hereinafter, “Claims”), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with the Develop Content or the Subscriber Terms, including without limitation any claim for personal injury or property damage arising from (i) your use of and access to the Develop Content; (ii) your violation of any of the Subscriber Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Develop Content caused damage to a third party. This defense and indemnification obligation will survive your Subscription term and your use of or access to the Develop Content.|
|We each agree to use|
arbitration to decide on
disputes that might come up
|You agree that any dispute or claim relating in any way to the Subscriber Terms or your use of the Develop Content will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can grant relief in much the same way as a court and must follow these Subscriber Terms as a court would. The Federal Arbitration Act and federal arbitration law apply to these Subscriber Terms.|
If you have a dispute with us that you wish to arbitrate, you must mail a letter requesting arbitration and describing your claim to: Develop.com LLC, Attn: General Counsel, 9000 Regency Parkway, Suite 400, Cary, NC 27518.
|This is how to tell us you have a dispute to arbitrate||Arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the claim is for less than $10,000 USD, the arbitration may be conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.|
|These are the rules for an arbitration between us||We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights, irrespective of this arbitration provision.|
Any dispute arising from or relating to these Subscriber Terms or your use of the Develop Content is subject to the governing law, disclaimer of warranties, limitation of liability, and all other Subscriber Terms.
|These are some general terms that are part of this contract||Governing Law. These Subscriber Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. |
Partial Invalidity. If any provision of these Subscriber Terms is declared invalid or unenforceable, we each intend for the remaining provisions of these Subscriber Terms to remain in effect.
Entire Agreement. These Develop Subscriber Terms constitute the entire agreement between the Subscriber and Develop with respect to the Develop.com site and Develop Content and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Subscriber and Develop with respect to the subject matter herein.
Inquiries. Please send an email to email@example.com with any questions, concerns, or feedback about Develop, the Develop Content, or these Subscriber Terms.