Terms + Conditions
No Pressure Planning
At Digital Media Academy, we know your plans might change. With No Pressure Planning, you can rest assured knowing that you can adjust or cancel your summer camp registrations without any fees until March 31, 2017.
For more information about cancellations, payments, and refunds, click here.
Welcome to Digital Media Academy (“DMA”) and the DigitalMediaAcademy.org website (sometimes referred to as the “Site” or “Website”). Through this Site, DMA offers the DMA education and training programs and camps, activities, events, applications, software, materials and related products and services (collectively the “Services”). Access and use of the Site and purchase and use of the Services is governed by and subject to these Terms and Conditions (referred to as the “Agreement” or “Terms”), as well as all applicable laws, whether or not you are a registered user of the Site or you create an account on the Site. Please review the Agreement carefully before using the Site or purchasing any Services. By accessing, using or downloading any materials from the Site or purchasing any Services from DMA, you agree to be bound by the terms and conditions in the Agreement.
You may not use the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with DMA, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.
In accordance with the Children’s Online Privacy Protection Act an individual must be 13 years of age or older to complete and submit any forms, or provide any personal information on this Site.
DMA reserves the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Site and any Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Site or any Service. This Agreement applies to all visitors, users, and others who access the Site, or purchase, download or receive materials from DMA.
II. USE of DMA SITE
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. Any registration information you give to DMA will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DMA.
2.2 Site Operation
You will not engage in any activity that interferes with or disrupts the operation of the Site (or the servers and networks which are connected to the Site). You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You are solely responsible for (and DMA has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DMA may suffer) of any such breach.
2.3 Account Confidentiality
You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be solely responsible to DMA for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify DMA immediately at: firstname.lastname@example.org
III. Terms of Service for Education and Training Programs, Camps, Activities and Events
3.1. Additional Definitions
For purposes of these Terms, the following additional definitions shall apply:
“Adult” shall mean an individual at least 18 years of age who is competent to enter into a legally binding contract.
“Check-in Forms” shall mean the forms identified in Section 3.3, below, which must be completed, signed, and delivered to DMA prior to Program check-in.
“Minor Participant” shall mean any Participant in a Program (as those terms are defined in this section) who is not an Adult.
“Participant” shall mean the individual, whether or not an adult, who personally participates in a Program.
“Program(s)” shall mean DMA sponsored education and training programs, camps, activities and events.
“Responsible Adult” shall mean an Adult Participant or an Adult custodial parent or authorized legal guardian of a Participant under the age of 18.
3.2. Authorized Purchase of Services
All Services must be purchased by a Responsible Adult, and the individual submitting a registration and the required payment for participation in a Program certifies that they are either: an Adult Program Participant or the Responsible Adult for the Minor Participant identified in the Program registration.
Entering the “My DMA” portion of the Site certifies that the Responsible Adult agrees to the Terms governing Program Services, and will take the time to ensure that all information in the required personal information and registration pages of the Website will be up-to-date and accurate to the best of the Responsible Adult’s knowledge, prior to the Participant’s attendance at a DMA Program.
3.3. Consent to Participate, Guidelines and Waiver.
By submitting a registration and the required payment for participation in a Program, each Adult Participant or Responsible Adult grants permission for the Participant to participate in all Program activities led by DMA staff during the Program, and, except as otherwise provided in Sections 4 through 7, below, certifies that the Participant is in good health and able to participate in all Program activities.
In certain circumstances, DMA will make exceptions to its age policies. If you feel like your child would learn better in an environment for older or younger children, we ask that you acknowledge and agree that your child will be outside of the age range, and if the course does not work out for your student, DMA reserves the right to move your child to another program with no refunds or credits.
If any information in the account is falsified, DMA has the right to move the student or remove them entirely from the program. No refunds or credits will be given.
In addition to completing the required personal information and registration forms and paying the required tuition for participation in the Program, prior to Program check-in, each Adult Participant or Responsible Adult must sign (either electronically through e-signature provided on the Website or in person prior to Program check-in) the following completed forms:
- General Liability Waiver;
- Medical Information, Treatment and Release of Medical Information Consent (the “Medical Consent”); and,
- Guidelines for behavior at Adventures or Teen Programs (“Program Guidelines”).
- Technical Account Policy
Based on the particular Program or information provided in registration pages on the Website, prior to Program check-in, Responsible Adults and Participants may also be required to sign, (either electronically through e-signature provided on the Website or in person prior to Program check-in) the following completed forms:
- Consent to Give Medication at Program (the “Medication Consent”);
- Epi Pen/Inhaler Consent;
- Permission Slip: Unescorted Travel;
- Pick-up and Drop-off Authorization;
- Technical Account Policy;
- Additional waiver or consent forms required by Program facilities such as colleges or universities.
If any of the above completed, signed forms (collectively referred to as the “Check-in Forms”) are not delivered to DMA prior to the commencement of the Program, the Participant will not be permitted to attend the Program.
3.4. Medical Consent
Responsible Adults of Minor Participants grant DMA permission to monitor administration of prescribed medications, provide routine healthcare, and seek emergency medical treatment, including ordering of x-rays or routine tests of the Participant, if required. Additionally, Responsible Adults grant permission to the professional physician selected by DMA to secure and administer treatment to the Participant, including emergency medical or surgical treatment and hospitalization, if necessary. In these cases, DMA will make reasonable efforts to contact the Responsible Adult immediately, and obtain consent regarding any required care, however care will not be denied or delayed for inability to contact the Responsible Adult to obtain prior consent. Responsible Adults agree to assume financial responsibility for any charges incurred.
Responsible Adults grant DMA permission to arrange necessary related emergency transportation for the Participant.
Responsible Adults agree to release any medical or personal records necessary for insurance purposes. DMA will make reasonable efforts to contact the Responsible Adult or the emergency contact(s) listed on the medical information page of the account holder’s My DMA account before releasing information.
3.5. Additional Registration Information
Upon registration, DMA requests and will require certain additional information regarding the Participant that will help DMA foster a positive experience at the Program.
Emergency Contact Persons
DMA requires that Responsible Adults identify a primary contact person and a secondary contact person in the registration pages of the account holder’s My DMA account and on the Medical Consent to be contacted in case of emergency. Current information concerning both primary and secondary contacts must include the name, phone numbers, and email. For any questions regarding this information, please contact our Guest Services Department at 1.866.656.3342.
DMA requires a primary care physician’s name and contact information for each Participant in order to attend a Program.
Responsible Adults must identify all known illnesses or conditions the Participant has or has had including illness, allergies, and drug reactions. Responsible Adults must list on the medical information page of the My DMA account on the Website and the Medication Consent all prescribed medications the Participant must take while attending a Program.
For allergies requiring prescribed medication, Responsible Adults must verify the prescription and provide accurate treatment information on the medical information page of the My DMA account on the Website and the Medication Consent. They may also be asked to provide immunization information.
Certain states and provinces require additional health forms by law. No Participant can attend a Program without complying with these mandated state/provincial forms. Responsible Adults will be notified of these forms, if applicable, in the Participant information email and in the account holder’s My DMA account pages of the Website.
All Responsible Adults are required to provide the medical insurance carrier and the policy number of the insurance policy covering the Participant.
Requirements for International Students
International Participants are required to have all immunizations essential to enter the United States and Canada. Certain locations may have specific immunization requirements. Please make sure to check the My DMA account pages on the Website for more information regarding the specific Program location. Participants must also be able to read, write and understand conversational English.
3.6. Management of Medications/Allergies
DMA does not directly administer medication and has a strict procedure in place for Minor Participants who require medication during the course of their Program. Medication for Minor Participants must be stored and locked in the Camp Director’s office. At the appointed time each day the Minor Participant will be brought to the office and DMA’s Camp Director will give the Minor Participant one individual daily dose that has been prepared by the Responsible Adult. DMA’s Camp Director will keep a logbook each day that notes the time and dosage given to the Minor Participant. The Minor Participant will then sign off that they received the medication.
Upon arrival the Responsible Adult must provide the Director with a signed Medication Consent and enough individual daily doses of all medications for the duration of the Program. Each collective group of medications must be placed in the original container with the following: (1) Name of Responsible Adult; (2) Name of Minor Participant; (3) Contact telephone number; (4) Name of medication(s); (5) Amount in each dose; and, (6) Time at which medication must be taken. Please take a moment at check in to speak with either a Director or Lead Camp Counselor to ensure that camp staff clearly understand the correct dosage and times. Any changes to the doses listed on the original container must be accompanied by a signed doctor’s note.
Inhalers, diabetic testing kits and EpiPens are the exception to the above procedure. If the Responsible Adult has provided a signed EpiPen/Inhaler Consent, the permitted items may be kept with the Participant throughout the Program. Participants with a history of serious allergic reactions must bring an EpiPen to the Program.
All medication brought to the Program Location MUST match the information listed on the Participant’s medical information section of their My DMA account on the Website and the Medication Consent. Any discrepancies may result in long delays at check-in and may require the cancellation of the session, without a refund.
Responsible Adults understand and agree that no DMA personnel are authorized to give any Participant over-the-counter medication without written permission. In most cases, DMA Program personnel are not professional nurses or doctors, and have not been trained in medicine.
Participants needing injections (insulin, hormones, etc.) will be required to self-administer their medication. Responsible Adults agree that it is the responsibility of the Responsible Adult to retrieve the Participant’s medication from the Program staff at the end of the Program. All medication(s) that are left behind will be disposed of at the end of the Program. Should DMA dispose of any medication pursuant to this policy, DMA shall not be responsible for any damages or liabilities related in any way to such medication, including, but not limited to replacement cost of the medication and any damages resulting from Participant’s failure to administer such medication. DMA, by law, is not allowed or permitted to mail medication. Please retrieve all medication before leaving the program location.
If a Participant has a dietary restriction, the Responsible Adult must inform DMA. DMA makes reasonable efforts to make each university or other food service provider aware of Participants’ needs and take measures to accommodate those needs. Nevertheless, DMA also depends on Participants and Responsible Adults to notify DMA of any individual circumstances. Most university dining halls or other food services providers provide clear information regarding allergens, but this can vary from location to location. Please note, DMA cannot always arrange special meals. This depends on the university or other food service provider. To make special dietary requests, please call Guest Services at 1.866.656.3342 or email us at email@example.com.
3.7. Special Needs
If a Participant’s condition, illness or disability requires limited participation in Program activities or special accommodations, the medical information page of the My DMA account on the Website must specifically describe the required limitations or accommodations in the My DMA account, and DMA must agree, in writing, to specific limitations or accommodations. It is crucial that Responsible Adults provide DMA with all relevant information so that DMA can make Program staff fully aware of any special needs. Responsible Adults acknowledge that they are responsible for all extraordinary expenses incurred as a result of the Participant’s condition, illness or disability.
DMA is not a special-needs camp, however, DMA endeavors to accommodate special-needs Participants to the best of its abilities as long as the requests are made within a reasonable time and are within DMA’s standard policies. DMA accommodates special needs at each location, and historically has had a high success rate with Participants and Responsible Adults who are vocal about their needs and inform us as to how our Program can help the Participant have the most positive experience possible.
If a Participant requires an aide in the classroom, a background check must be processed. The facilitator must be over age 18. Responsible Adults agree to pay for all costs of room and board for the aide. The aide must be age 18 or older and must pass a criminal background check. Requests for participation of a classroom aide must be made at least 14 business days prior to the start of a Program to allow adequate time to process the request and perform the background check. For international aides, the background check will take between 4-6 weeks, so please make the request far enough in advance. For information regarding possible arrangements for purchase of meals for aides from the host university dining hall or other food service supplier, please call DMA Guest Services at 1.866.656.3342 or email is at firstname.lastname@example.org.
If the onsite Program Director determines, based on observation of the special needs Participant during a Program, that the Program is not a suitable and/or productive environment for the Participant, DMA may dismiss the Participant and no refund will be issued. All Participants must adhere to all of the guidelines set forth on the Teen and Adventures Guidelines Waivers. If a Responsible Adult removes a special-needs Participant from a Program during the course of the week, no refund will be issued.
3.8. On-Campus Activities
Lost, Stolen or Damaged Property
Participants are responsible for their personal property while attending a Program. DMA is not responsible for any personal belongings lost or damaged by casualty, theft, laundry, etc. Responsible Adults agree to pay the replacement costs for lost meal cards, dorm keys, or room damage in accordance with the policy/fees for each Program location.
Responsible Adults agree to accept full responsibility, financially, or otherwise, for the conduct of the Participant, including but not limited to, damage to equipment, dorm room, or facilities. DMA is not required or expected to protect Participants from theft or damage to property.
Responsible Adults and Participants acknowledge and agree that, unless DMA has expressly agreed to limitations on participation as provided in Section 3.7, above, Participants may take part in activities such as sports, hiking, swimming or other recreational activities, and grant DMA staff members permission to take Participants to places of relevant interest, including but not limited to the swimming pools (where available), campus tours, theme parks, movies or other attractions and facilities within walking distance of a Program location. Responsible Adults further acknowledge and agree that activities off Program locations will likely occur routinely in Surfing & Filmmaking, DMA Studios and Weekend Stays Programs.
Media Utilized During DMA Daytime/Overnight Programs
Responsible Adults acknowledge and agree that movies displayed at Programs are rated G, PG and PG-13, and selected at the sole discretion of DMA staff. Responsible Adults acknowledge and agree that video and computer games used at Programs are selected at the sole discretion of DMA staff.
Responsible Adults acknowledge and agree that some game development Programs require creation or use of an online account during instructional time, or will require an online account to be created for access to games and networked game play. Responsible Adults grant consent to create MineCraft accounts for use by Participants.
Games Rated “T” and “M” – Responsible Adults acknowledge and agree that in order to offer the most cutting-edge experience for participants, DMA has adopted the policy of allowing the use of some select games rated “E” for Everyone, “T” for Teen, and “M” for Mature to be used as part of the curriculum. Responsible Adults acknowledge and agree that while DMA takes its corporate responsibility and DMA family values very seriously, it cannot guarantee that younger Participants will avoid complete contact with the games rated “T” for Teen, or “M” for Mature, though DMA will make an effort to minimize exposure to any games not appropriate for certain age groups.
Responsible Adults acknowledge and agree that 12-year-olds in Teen Programs will be treated as teens and will be subject to DMA’s teen guidelines. Any and all teen policies will apply.
Responsible Adults acknowledge and agree that some of the game titles Participants may be exposed to are rated “M” (Mature) by the ESRB (Entertainment Rating Software Board). An ESRB “M” rating means the games have content that may be suitable for person’s ages 17 and older. Titles in this category may contain intense violence, blood and gore, sexual content and/or strong language, including, but not limited to extreme and/or realistic depictions of blood, gore, the mutilation of body parts, weapons, and depictions of human injury and death, non-explicit depictions of sexual behavior, and/or explicit and/or frequent use of profanity.
3.9. Participant Code of Conduct
DMA reserves the right to dismiss any Participant from a Program without any prior warning for violating any of the terms of the Participant Code of Conduct, or if the Participant’s actions or attitudes are deemed detrimental to the general atmosphere of a Program, and there shall be no refunds issued for such dismissal.
Responsible Adults and Participants represent that they have read, and agree to the DMA Guidelines for Kids and Teens found in the My DMA portion of the Site. Responsible Adults further agree that they will review and discuss the DMA Guidelines for Kids and Teens with Participants prior to the Participant’s arrival at the Program location. Responsible Adults acknowledge and agree that a Participant must comply with the DMA Code of Conduct, and that a Participant may be dismissed from a Program if the Participant’s actions or attitudes are deemed by DMA to be harmful to the atmosphere or to other Participants at the Program.
Responsible Adults agree that a Participant may be dismissed, without a refund, from a Program for, among others, the following reasons: Drug/Alcohol/Tobacco possession/use; viewing pornography or any inappropriate material on the Internet; inappropriate language (swearing, using bad words, racial slurs); physical violence or threats of physical violence against other Participants or DMA staff; damage to facilities at the Program location or DMA equipment, stealing property of others; inappropriate use of equipment; sexual harassment of other Participants or DMA staff; internet hacking; damage to dorm rooms; or bullying.
If use or possession of illegal substances or weapons is suspected, Participants will be subject to search and seizure. If use or possession of illegal substances or weapons is found, Participants will immediately be dismissed from a Program. Each Participant and Responsible Adult is responsible for any personal items brought to and loaned at a Program. Participant promises to respect all DMA Staff members and Participants while treating the facilities and equipment with care.
Electronic Devices During the Course of the Program
With the exception of Photography and Mobile Device Programming Programs, DMA does not require Participants to bring any devices to Programs, though DMA does understand that Responsible Adults would like to be able to communicate with their Participants. Some photography and film courses ask students to bring their own DSLR cameras. Students will also be asked to bring their own headphones and flash drives for project storage. If the Participant brings a personal device to the Program, please note:
Personal devices may NOT be used during instructional times, unless the Instructor approves them. DMA recommends that personal devices be locked in a dorm room or backpack. Cell phones/smart phones can be kept on hand but must be in silent mode during instruction.
Accessing the internet via a local Wi-Fi hotspot that is part of the facility at Program location is the sole responsibility of the participant. Participant and Responsible Adults must comply with all terms & conditions of the facilities at the Program location, and assume all financial risk. DMA does not facilitate internet access for non-DMA devices. Viewing inappropriate content (including sexual content, inappropriate violence, racism, bullying, etc.) online will result in immediate dismissal from a Program.
Any attempts at computer “hacking” will result in immediate dismissal from a Program, without a refund. Local authorities will be contacted when warranted.
Equipment Belonging to DMA
Participants have access to computers and equipment for their courses and for communication with Responsible Adults while at a Program. Participants should feel free to leave personal electronic devices at home. Certain filtering software is placed on DMA computers, and this may not be the case with a personal device.
3.10. DMA Classroom Experience
DMA makes a reasonable effort to send each Participant home with a working game or project, or post the Participant’s project to a project website.
However, there will be instances when the game or project will not work on a Participant’s home system. In these rare cases, DMA does not take responsibility for non-functioning games or projects. DMA Staff will provide each Participant with the Participant’s completed project at the conclusion of each Program. It is the responsibility of the Responsible Adult and Participant to test the Participant’s project in the DMA computer lab before going home at the end of the Program. Refunds will not be issued for non-functioning/non-compatible/incomplete projects.
DMA may teach different courses utilizing the same platform simultaneously.
Varying Age Ranges
DMA offers the Jr. Adventures Program designed for Participants ages 6-8; the Adventures Program designed for ages 8-12; the Teen Program designed for ages 12-17, and the Pro-Series Programs for adults and teens (14 and older).
Participants who are age 12 may elect to attend a Teen course and will therefore interact with participants ages 12-18. All rules and policies for the Teen Program apply to all Participants in the Teen Program regardless of the Participant’s age.
Responsible Adults acknowledge and agree that by registering for a DMA Program that accepts 18-year-old Participants, that Minor Participants may interact and/or room with another Participant that is 18 years old.
Participants who are 18 years old or order must register and pay the required tuition at least (14) business days prior to the start of a Program to allow adequate time to process the registration and perform the background check.
Student to Teacher Ratio
DMA classroom staffing is similar to most traditional learning environments. DMA classrooms have one lead instructor in charge of the overall classroom experience. DMA also hires assistant instructors and teaching assistants for each classroom in order to maintain an average student/teacher ratio of 7 to 1 in the Adventures Programs, and an average student/teacher ratio of 9 to 1 in the Teen and Pro Series Programs.
3.11. Program Costs
Day Program Tuition includes all state and federal taxes, adult supervision, classroom instruction, curriculum materials (with the exception of Photography courses), Program T-shirt and recreational activities. This excludes any lab fees that may be charged for specific courses. Per Canadian law, DMA is required to charge Canadian tax for each Program located in Canada. Taxes for Programs located in Canada differ according to the province of the Program location. Canadian tax is based on the final cost (which includes any additions such as lunch options, housing, or extended day).
Overnight Program and Extended Day
Overnight Program Tuition includes all Day Program tuition items plus daily meals (Sunday dinner through Friday Lunch), dorm room (or hotel style-room where dorms are unavailable), adult supervision and recreation.
Tuition does not include airfare or transportation to and from the Program. DMA does not facilitate airfare or transportation to and from the Program.
Day Program Lunch Plans
The Day Program lunch plan is optional and may be purchased separately (unless a location requires that we add it on for students). The lunch plan is not prorated, regardless of the number of lunches eaten or when the plan is purchased. In most cases, university dining halls are available and we are able to provide a traditional “campus dining hall experience”. However, at certain locations, the university may only have a food court “a la carte” option, or DMA may contract with an external vendor to provide meals for the students.
Cash is not accepted in most dining halls. Payment may be made via credit card, check or money order prior to the first day of the Program. Bringing a brown bag lunch is acceptable but Participants bringing brown bag lunches may not be permitted to eat with the other Participants in the dining hall due to dining hall policies of the Program facility. If so, DMA staff will chaperone Jr. Adventures and Adventures Participants in an adjacent area, though Teens may not be chaperoned.
3.12. Registration Confirmation
Following registration, the Responsible Adult will receive a reservation confirmation via email. Please make sure to add email@example.com to your contacts to receive up to date information.
3.13. Weekly Schedule
Hours of Instruction
For Adventures, Teen, and Pro Programs, instruction begins at approximately 9:00 AM and concludes at approximately 5:00 PM (Monday-Thursday), excluding an hour for lunch and an hour for activities. For Junior Adventures AM Programs, instruction begins at approximately 9:00 AM and concludes at approximately 12:30 PM (Monday-Friday). For Junior Adventures AM Programs, instruction begins at approximately 1:30 PM and concludes at approximately 5:00 PM (Monday-Friday).
Instruction concludes at approximately 2:00 pm on Friday allowing Participants to wrap up projects and prepare for the parent open house.
Check-in and Pick-up
Overnight Programs: Check-in is 3:00 PM-5:00 PM on the Sunday prior to the start of classroom instruction. Friday pick-up is at 3:30 PM, unless purchasing Weekend Stays. Some locations may have an adjusted check in time on Sundays
Day-Only Programs: Check-in is between 8:30 AM and 9:00 AM. For Adventures, Teen, and Pro Programs, Pickup is at 5 pm Monday – Thursday, and at 3:30 PM on Friday.
Participant Pick-up Authorization
The protocol for pick-up varies by Program. For our Adventures and Junior Adventures Programs, the Responsible Adult or other person with written authorization approved in advance by both the Responsible Adult and DMA may pick-up a Participant. Individuals picking up the Participant must have valid picture identification (Driver License or Passport) and their names must be on file with DMA on-campus staff.
Participants in Teen and Adult Program may check themselves out at the end of each day.
Commuters in the Teen Program
Day Only Participants in the Teen Program with a valid driver’s license may bring a vehicle to the Program location. Participants in the overnight program MAY NOT bring a vehicle to the Program location.
Responsible Adults agree that, if a Participant in the Teen Program brings a vehicle to the Program location, the Participant shall be able to sign out of camp without an authorized pick-up individual present.
Responsible Adults and Participants are responsible for arranging permit parking at the Program location. Parking tickets will not be reimbursed.
Required Check-in Forms and Maps
Check in information, including waivers, maps, and other location-specific details, will be available in the Responsible Adult’s My DMA account by June 1.
Due to the nature of DMA Programs, attendance is crucial to the success of the Program. If a Participant will be absent, the Responsible Adult must notify the on-campus director no later than 9:00 AM on the day the Participant is expected to be absent. A Participant may not miss more than 1 day per a 5-day long course without a doctor’s note. The doctor’s note must be signed, dated and include the ailment and expected date of the Participant’s return to the Program. The doctor’s note must be scanned and emailed to firstname.lastname@example.org within one week of the absence. It will be at the discretion of the instructor whether the Participant is permitted to remain in the Program. Digital Media Academy will not be responsible for any incomplete projects or missed curriculum time due to absences.
3.14. Assumption of Risk and Release
RESPONSIBLE ADULTS ARE AWARE OF THE INHERENT RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE INVOLVED IN PARTICIPATION IN A DMA PROGRAM , INCLUDING WITHOUT LIMITATION RISKS DUE TO: (1) RECREATIONAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO RUNNING, JUMPING, ORGANIZED SPORTS GAMES, SWIMMING, HIKING, BIKING, SURFING; (2) PROPERTY DAMAGE DUE TO LOSS OR THEFT; (3) USE OF VIDEO, AUDIO, ELECTRONIC MEDIA OR GAMES RATED “T” OR “M” BY THE ESRB (4) EXPOSURE TO OTHER PROGRAM PARTICIPANTS AS OLD AS 18 YEARS OF AGE; AND (5) USE OF MOTOR VEHICLES IN TRANSIT TO OR FROM A PROGRAM OR RECREATIONAL ACTIVITY OR SOCIAL EVENT, INCLUDING BUT NOT LIMITED TO TRIPS TO PARKS, MUSEUMS, LOCAL POINTS OF INTEREST AND CAMPUS TOURS. RESPONSIBLE ADULTS ARE AWARE OF THE RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF DMA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”), INCLUDING WITHOUT LIMITATION THE RISK OF NEGLIGENT INSTRUCTION OR SUPERVISION. RESPONSIBLE ADULTS, EITHER INDIVIDUALLY OR ON BEHALF OF A MINOR PARTICIPANT, ACKNOWLEDGE THAT THE PARTICIPANT IS VOLUNTARILY ENGAGED IN PARTICIPATION IN A PROGRAM WITH KNOWLEDGE BY THE RESPONSIBLE ADULT OF THE RISKS OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER RISKS, AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM PARTICIPATION IN A PROGRAM.
RESPONSIBLE ADULTS, INDIVIDUALLY, AND ON BEHALF OF MINOR PARTICIPANTS, RELEASE THE RELEASED PARTIES FROM ALL LIABILITY TO PARTICIPANT’S, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THIS AGREEMENT OR TO PARTICIPATION IN A PROGRAM WHETHER THE INJURY, DEATH, OR PROPERTY DAMAGE OCCURS ON OR OFF THE PROGRAM PREMISES. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. RESPONSIBLE ADULTS AND PARTICIPANTS BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
RESPONSIBLE ADULTS ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND UNDERSTAND THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE RELEASED PARTIES’ NEGLIGENCE AND A RELEASE OF THEIR LIABILITY. RESPONSIBLE ADULTS ACKNOWLEDGE THAT DMA IS MATERIALLY RELYING ON THIS WAIVER AND IS ALLOWING PARTICIPANT TO ENGAGE IN A PROGRAM.
3.15. Cancellations, Payments & Refunds
Registration and Payment Policy
All financial transactions are made and quoted depending on the location of your camp. If you are registering for a US location it will be made and quoted in U.S. Dollars. If you are registering for a Canadian location it will be made and quoted in Canadian Dollars (Additional Canadian Tax will apply where applicable).
A $30.00 returned check fee will be assessed for any checks returned. DMA reserves the right to send any unpaid balances over 90 days to a collection agency.
Payments & Payment Plans
Guests may set up a payment plan upon request. This allows guests to pay a $300 nonrefundable deposit in order to secure a seat in the class. A $200 non-refundable deposit must be paid per week of housing in order to secure bed space. The remaining balance must be paid in three monthly installments.
Beginning May 1st, a 50% non-refundable deposit per week of class and/or housing/dining will be required. The remaining 50% must be paid in full by June 1st. No payment plans will be accepted after June 1st.
For further inquiries or to establish a payment plan, please contact Guest Services by phone at 866 656 3342 or by email through email@example.com.
No fee or penalty will be assessed for making changes up until four weeks (28 days) prior to originally scheduled course start date. For any changes made within four weeks (28 days) of the originally scheduled course start date, a $35.00 change fee will apply.
All cancellations must be submitted in writing to firstname.lastname@example.org
Cancellations submitted in writing before March 31st are eligible for a full refund.
Cancellations received in writing beginning April 1 and until four weeks (28 days) prior to the start of a Program will incur cancellation fees as follows: $150 for Jr. Adventures, $300 for Adventures, Teen and Pro students, $600 for Academy and DMA Studios students, and $200 per week of housing.
Cancellations made inside of four weeks (28 days) of the first day of camp are not eligible for a refund.
No refunds will be issued for early withdrawal or dismissal due to absences for any reason, including sickness (except with a doctor’s note), behavioral dismissals, power failures, weather, and unforeseeable events not within the control of DMA or other acts of nature. If Participants leave a Program early for any reason, the tuition will not be prorated and no refund will be issued.
If a Participant cannot attend DMA due to an unexpected family emergency or illness, DMA must receive an official signed doctor’s note within a week of the absence. The doctor’s note must be signed, dated and include the ailment and expected date of the Participant’s ability to participate in the program. The doctor’s note must be scanned and emailed to email@example.com within one week of the absence. DMA will make every attempt to accommodate the Participant in an alternate Program. However, all other cancellation policies still apply. No exceptions.
Session Cancellations by DMA
If DMA cancels a Program, Participants may be enrolled in another Program. If one is not available at the same Program location at a time that is convenient for Participant, a refund will be issued for all monies paid to DMA for the cancelled Program.
If DMA is forced to close a Program based on a recommendation by the local health authorities (in the case of pandemic flu, etc.) or due to other acts of nature, no refunds will be issued. The tuition paid for the cancelled Program can be applied to a tuition credit for a future Program during that same season (as space permits) or will be carried over to the next season.
3.16. Specials and Discounts
DMA runs promotional specials from time to time. For “specials,” the Responsible Adult will receive the published discount amount with use of the corresponding promotional code. Limit one discount per participant.
The session balance must be paid in full at the time of registration to receive the published discount amount.
All applicable cancellation/refund policies apply. All promotional codes and referral codes must be submitted at the time of registration. DMA does not honor retroactive adjustments.
The total discounts received cannot exceed the total cost of the Services purchased.
Promotional specials are not valid for tuition-assistance recipients.
When registering for multiple Program sessions at DMA, pay the standard tuition for the first Program session and receive $50 off each additional Program session. This offer is not valid with any other special and is available only after other seasonal promotions are over.
When registering siblings at DMA, pay the standard tuition for one Participant and receive $50 off tuition for each additional sibling Participant. This offer is not valid with any other special.
The Multi-Week Discount applies to a single Participant registering for multiple weeks or added siblings registering at DMA and cannot be combined with any other special being run at that time.
All promotional and referral codes must be submitted at the time of registration. DMA does not honor retroactive adjustments.
The total discounts received cannot exceed the total cost of the Services purchased.
Multi-Week Discounts are not valid for tuition assistance recipients.
Promotional Code Discounts
A valid promotional code is required to receive a discount (limit one per Participant). Note that certain Promotional Codes require that the Program session balance be paid in full at the time of registration to receive the promotional discount. The specials cannot be used in conjunction with a payment plan.
All promotional codes and referral codes must be submitted at the time of registration, and discounts may not be combined.
Promotional code discounts are not valid for tuition assistance recipients.
Refer-A-Friend Terms and Conditions
Refer friends and neighbors to DMA and earn a $50 refund on the account for every referred Participant who takes a DMA course during that same season.
The referring account holder gets a $50 credit, good toward any course that season. There is no limit to the number of friends an account holder can refer. During registration, provide the name and email address of the friend and DMA will contact that person via email, letting them know you have recommended DMA. DMA will provide the friend with an email containing instructions and a promotional code. The promotional code must be used during the registration process in order for the credit/discount to be received. DMA will not provide credits/discounts retroactively.
Those making a referral must have already registered and paid for a course that season.
To qualify, friends must have not previously attended any DMA Program.
An Alumni Special is a discounted voucher purchased at the end of the summer season that can be used to cover the costs of a DMA Program the following summer. Only Participants who have previously completed a Program are eligible to purchase this voucher. Because the exact Program schedule will not be finalized until the fall of each year, an Alumni Special is the purchase of a specific Program Type or Level; for example, “1-week Adventures Course” or “1-week Teen Course.”
The course schedule is usually released on November 1st of each year. At that time, the purchaser of the voucher must select a specific Program and location as well as finalize the registration details. If for some reason the schedule does not accommodate the purchaser’s schedule, the purchaser is entitled to a full refund if the refund request is received via email by March 31st (even if the registration has been completed).
Vouchers are only applicable to tuition and housing fees. Lab fees and any other fees must be paid for in full upon registration. If the voucher is not used by the end of the summer it will automatically become a monetary credit on your account for future use. Vouchers are not transferable from year to year. If a voucher is purchased and the desired course is full at the time of registration, DMA will make every attempt to find an open section. If the desired section is full, DMA will place a monetary credit on the account, equivalent to the amount paid for the voucher for future use.
3.17. Financial Assistance
DMA is dedicated to making world-class digital media education more accessible to students of all circumstances and means. DMA awards limited tuition assistance based on financial need. An application is not a guarantee of tuition assistance.
3.18. Changes to Services
Activities, guest speakers and tech tours may change from Program session to Program session and may not apply to all Program locations. On rare occasions, the software and hardware used in Programs may change without notice, and DMA will endeavor to find suitable software and hardware alternatives.
If you have any questions or comments about the content, terms and policies contained within, please email firstname.lastname@example.org.
IV. Additional Terms and Conditions for Use of the DMA Site and the Services
4.1. Proprietary Rights DMA (or DMA’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in the Terms gives any person a right to use any of DMA’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 4.2. Partners and third-party vendors The Site allows interactive transactions and access to the sites of DMA’s partners and other third-party vendors (collectively “Vendors”) from which Users may purchase certain goods and services. DMA does not control the products or services offered by the Vendors, nor does it control the content of their sites. Unless otherwise stated, Vendors are responsible for all aspects of order processing, fulfillment, billing, and customer service. DMA is not a party to any transactions between Users and the Vendors. DMA cannot and does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information Users might transmit to a Vendor. Users are strongly encouraged to investigate and make whatever inquiries they feel are necessary or appropriate before proceeding with any online or offline transaction with a Vendor. All rules, policies (including privacy policies), and operating procedures of Vendors will apply to Users while on the Vendors’ sites. DMA is not responsible for the information Users provide to the Vendors. Vendors and DMA are independent contractors and neither party has any authority to make any representations or communications on behalf of the other 4.3. Exclusion of Warranties NOTHING IN THESE TERMS, INCLUDING SECTIONS 4.3 AND 4.4, SHALL EXCLUDE OR LIMIT DMA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. USERS EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SERVICES IS AT USER’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, DMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) USE OF THE SERVICES WILL MEET USER’S REQUIREMENTS, (B) USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY USER AS A RESULT OF USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO USER AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DMA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. DMA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. 4.4. Limitation of Liability SUBJECT TO OVERALL PROVISION IN SECTION 4.3 ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT DMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE; (II) ANY CHANGES WHICH DMA MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) USER’S FAILURE TO PROVIDE DMA WITH ACCURATE ACCOUNT INFORMATION; (IV) USER’S FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THE LIMITATIONS ON DMA’S LIABILITY TO USER ABOVE SHALL APPLY WHETHER OR NOT DMA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 4.5 Dispute Resolution and Binding Arbitration. USERS (INCLUDING RESPONSIBLE ADULTS AND PARTICIPANTS) AND DMA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT THEY WOULD HAVE IF THEY WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN USER AND DMA, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or Services (collectively “Neurolectrics”) arising from or relating in any way to the use of the Site, the purchase or use of the Services, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), DMA’s’ advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in San Jose, California. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) (or a substitute forum if AAA is unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR DMA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. DMA will be responsible for initial payment of all arbitration/arbitrator fees. The arbitrator may apportion arbitration fees and award reasonable fees under the standards for fee shifting provided by law. Information on AAA rules is available at the following telephone number and URL: American Arbitration Association, (800) 778-7879, www.adr.org. 4.6. Copyright and Trademark Policies It is DMA’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. DMA’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DMA to delete, edit, or disable the material in question, you must provide DMA with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 DMA to locate the material; (d) information reasonably sufficient to permit DMA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to DMA’s designated agent at: email@example.com. Copyright. The material you are downloading is copyrighted by DMA and its licensors. All rights reserved. This work may not be copied, modified, re-published, uploaded, executed, or distributed in any way, in any medium, whether in whole or in part except pursuant to express license terms agreed upon by DMA and you. Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered trademarks of DMA and its affiliates, and other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of DMA or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that DMA will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution. 4.7. Indemnification Users (including Responsible Adults and Participants) agree to indemnify DMA and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and attorneys’ fees), losses, and other damages that are caused by, arise out of, or relate to, the User’s use of the Site or the Services. This includes, but is not limited to, any claim of libel, defamation, obscenity, negligence, violation of rights of privacy or publicity, loss of service by other users of the Site, property damage, and infringement of intellectual property or other rights. DMA will notify the User promptly of any claim for which it seeks indemnification. The User will be afforded the opportunity to participate in the defense of such claim, provided that the User’s participation will not be conducted in any manner prejudicial to DMA interests, as reasonably determined by DMA. 4.8. Advertisements Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by DMA on the Services are subject to change without specific notice. In consideration for DMA granting Users access to and use of the Site, Users agree that DMA may place such advertising on the Site. 4.9. Other Content The Services may include links to other web sites or content or resources. DMA may have no control over any web sites or resources which are provided by companies or persons other than DMA. Users acknowledge and agree that DMA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. Users acknowledge and agree that DMA is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by Users on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 4.10. Miscellaneous Sometimes when Users use the Website, Users may (as a result of, or through use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Use of these other services, software or goods may be subject to separate terms between the User and the company or person concerned. If so, the Terms do not affect the User’s legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between Users and DMA and govern the purchase and use of the Services, and completely replace any prior agreements between User and DMA in relation to the Services. Users agree that DMA may provide them with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site. Users agree that if DMA does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DMA has the benefit of under any applicable law), this will not be taken to be a formal waiver of DMA’s rights and that those rights or remedies will still be available to DMA. If any court of law or arbitrator, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms, and the User’s relationship with DMA under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The User and DMA agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, the User agrees that DMA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.