Pure Body Awareness’s mission is to improve lives through building learning. We enable anyone anywhere to create and share educational courses (instructors) and to enroll in these educational courses to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the Pure Body Awareness website, the Pure Body Awareness mobile applications, our APIs and other related services (“Services”).
If you live in the The United States or Canada, by agreeing to these Terms, you agree to resolve disputes with Pure Body Awareness through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team
. You must have reached the age of consent for online services in your country to use The Pure Body Awareness Community Platform.
You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Pure Body Awareness will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
Students and instructors must be at least 18 years of age to create an account on Pure Body Awareness community platform and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a Pure Body Awareness account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Instructor Terms, you may be requested to verify your identity before you are authorized to submit a course for publication on Pure Body Awareness Community Platform.
2. Course Enrollment and Lifetime Access
When you enroll in a course, you get a license from us to view it via Pure Body Awareness Services and no other use. Don’t try to transfer or resell courses in any way. We grant you a lifetime access license, except when we must disable the course because of legal or policy reasons.
Under our Instructor Terms, when instructors publish a course on The Pure Body Awareness Community Platform, they grant The Pure Body Awareness Company a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting a license from Pure Body Awareness to view the course via the The Pure Body Awareness Community platform and Services, and Pure Body Awareness is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, Pure Body Awareness grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Pure Body Awareness Company authorized representative. This also applies to content you can access via any of our APIs.
We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust & Safety Guidelines. The lifetime access is not applicable to add-on features and services associated with a course. For example, translation captions of courses may be disabled by instructors at any time, and instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the instructor.
Instructors may not grant licenses to their courses to students directly, and any such direct license shall be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, The Pure Body Awareness Company offers a 30-day refund or credit for most course purchases.
The prices of courses on The Pure Body Awareness Community platform are determined based on the terms of the Instructor Terms and our Promotions Policy. In some instances, the price of a course offered on the The Pure Body Awareness Community website may not be exactly the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
3.3 Refunds and Refund Credits
If the course you purchased is not what you were expecting, you can request, within 30 days of your purchase of the course, that Pure Body Awareness Community platform apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment processing partners, the platform from which you purchased your course (website, mobile app), and other factors. No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if a course you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. The Pure Body Awareness Company also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.
To request a refund, follow the steps here. As detailed in the Instructor Terms, instructors agree that students have the right to receive these refunds.
If we decide to issue refund credits to your account, they will be automatically applied towards your next course purchase on our website, but can’t be used for purchases in our mobile applications. Refund credits may expire if not used within the specified period, and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms or our Trust & Safety Guidelines, you will not be eligible to receive a refund.
3.4 Gift and Promotional Codes
The Pure Body Awareness Company or our partners may offer gift and promotional codes to students. Certain codes may be redeemed for gift or promotional credits applied to your Pure Body Awareness Community account, which then may be used to purchase eligible courses on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific courses. Gift and promotional credits can’t be used for purchases in our mobile applications.
These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Pure Body Awareness Community account. Gift and promotional codes offered by The Pure Body Awareness Company may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple saved credit amounts, The Pure Body Awareness Company may determine which of your credits to apply to your purchase. Check out our Support Page and any terms included with your codes for more details.
4. Content and Behavior Rules
You can only use The Pure Body Awareness Company for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust & Safety Guidelines
and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government. Further, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.
If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Terms before you submit any course for publication on Udemy.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Pure Body Awareness complies with copyright laws. Check out our Intellectual Property Policy for more details.
The Pure Body Awareness Company has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. Our Instructor Terms require our instructors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.
5. Udemy’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow The Pure Body Awareness Company to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Instructor Terms.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize The Pure Body Awareness Company to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with The Pure Body Awareness Company for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. Using Pure Body Awareness Platform at Your Own Risk
Anyone can use The Pure Body Awareness Community platform to create and publish courses and instructors and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use The Pure Body Awareness Community platform at your own risk.
Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enroll in a course, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. The Pure Body Awareness Company has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. Pure Body Awareness's Platform Rights
We own the Pure Body Awareness platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the Pure Body Awareness Community platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of The Pure Body Awareness Company and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the The Pure Body Awareness name or any of the The Pure Body Awareness Company trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Pure Body Awareness Community platform or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the The Pure Body Awareness Community platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), The Pure Body Awareness Company's computer systems, or the technical delivery systems of The Pure Body Awareness Company's service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the The Pure Body Awareness Community platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as The Pure Body Awareness Community platform); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
8. Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
8.1 Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with The Pure Body Awareness Company. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an instructor, the Instructor Terms and the Promotions Policy).
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment and Lifetime Access), 5 (The Pure Body Awareness Company's Rights to Content You Post), 6 (Using The Pure Body Awareness Community platform at Your Own Risk), 7 (Udemy’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will The Pure Body Awareness Company's or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability
There are risks inherent to using our Services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless The Pure Body Awareness Company, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5 Governing Law and Jurisdiction
When these Terms mention “The Pure Body Awareness Company,” they’re referring to the Pure Body Awareness entity that you’re contracting with. If you’re a student, your contracting entity and governing law will generally be determined based on your location.
If you’re a student or if you’re accessing our Services as an instructor, you’re contracting with The Pure Body Awareness Company and these Terms are governed by the Law of Nation and Common Law. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive administrative procedure as a resolution.
8.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to email@example.com).
8.7 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.8 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9. Dispute Resolution
If there’s a dispute, our Support Team
is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
9.1 Small Claims
Either of us can bring a claim in small claims court in (a)Albuquerque, New Mexico, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
9.2 Going to Arbitration
If we can’t resolve our dispute amicably, you and Pure Body Awareness LLC agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
9.3 The Arbitration Process
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
9.4 No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section below, if Pure Body Awareness LLC changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Pure Body Awareness written notice of such rejection by mail or hand delivery to Pure Body Awareness Attn: __________________________________, or by email from the email address associated with your Account to firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Pure Body Awareness in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
10. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Pure Body Awareness reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
11. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us!
Intellectual Property Policy
This Intellectual Property Policy was last updated on March 20, 2019.
Pure Body Awareness community platform is a technology platform that enables anyone anywhere to create, share wellness experiences, educational courses that will create balance growth . Our marketplace model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. However, it is important to us that instructors posting courses on Pure Body Awareness respect the intellectual property of others. When instructors post courses on our marketplace, they make the promise that they have the necessary authorization or rights to use all the content contained in their courses.
Infringing activity is not tolerated on or through our platform.
This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the courses on the Pure Body Awareness platform. The policy also addresses what we do when Pure Body Awareness instructors’ courses are copied on third-party platforms without their consent.
Third-Party Copyright Infringement Reports
Pure Body Awareness’s policy is to remove courses from our service when they are reported as infringing in a copyright infringement notice received from the owner of the original content. It is also our policy to remove all courses from any instructor who is determined to be a repeat infringer (for whom Pure Body Awareness has received more than two valid takedown notices). We reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the copyrights of others.
How to File a Report
If you would like to report a course on the Pure Body Awareness marketplace and if you are the owner or the designated agent of the owner of the rights to the content that you believe the course is infringing, the most efficient way is to use this form (form in English only).
Before you submit a copyright infringement report, please remember these important things:
- We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the instructor who published the course you are reporting has received proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization).
- Your copyright claim has to be sufficiently substantiated for us be able to address it. This means:
- You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.
- If you are filing a report on behalf of an organization, you include the name of the organization and your relationship to the organization.
- You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
- You provide sufficient information for us to locate the reportedly infringing course(s) on the Pure Body Awareness site (the URL on our website and the exact name of the course and instructor;
- You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf and I 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”.
- Knowingly submitting a false or misleading claim of infringement is illegal and you could be held liable and have to pay damages as a result. Pure Body Awareness reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.
- There are types of content that are not protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the content copied in the course is indeed protected by copyright. If you need to report a trademark violation, please follow the steps here.
- Consider whether the use of your material in the course is “fair use”. Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether a course’s use of your material qualifies as fair use, you should look at:
- The purpose of the use (whether the course is paid or unpaid, whether the course critiques/parodies/transforms your material)
- The type of copyrighted work being used (whether your work is factual or creative)
- The portion being used (whether the course uses small, necessary excerpts of your material or substantial portions of it)
- The effect on the market for your material (whether potential buyers would purchase the course instead of your material)
Before you submit a copyright claim, make sure that use of the content copied in the course does not qualify as fair use.
If we receive a valid copyright violation report, we will send a copy of that report to the instructor who posted the reported course along with a notification that 1) the course was reported for copyright infringement and 2) we are removing the course from the Pure Body Awareness service. We will also attach a form that the instructor can fill in and send back to us to submit a counter-notification. If your course has been reported for copyright infringement and removed from the Pure Body Awareness service, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content in your course, then you may send us a counter-notification.
The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the Pure Body Awareness designated agent or the copyright team member who notified you. To be effective, a counter notification must be in writing and include the following information:
- Your physical or electronic signature;
- Your name, address, and email address or telephone number,
- Identification of the course that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright infringement report filed against your course, we always attach a copy when we notify you);
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- A statement that you consent to (i) Pure Body Awareness sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant and (ii) accepting the jurisdiction of the federal district court for the judicial district in which you reside (if in the U.S.), or if you reside outside of the U.S., the jurisdiction of the United States District Court for New Mexico (headquarters of Pure Body Awareness).
Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result. Pure Body Awareness reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter notification in violation of the law.
Reports from Instructors of Infringing Content on Other Platforms
We understand that when you post and make available your courses on the Pure Body Awareness marketplace, you want to make sure that you will not find your courses offered on another platform without your permission. To help combat copyright infringement and piracy affecting courses of our instructors, we partnered with Link-Busters, an anti-piracy vendor, to seek out and find instances of infringement and to have any infringing content removed from third-party platforms.
In the event you find your course available on another platform without your permission, please fill out the form here. Link-Busters will file copyright infringement reports and exercise legal actions to have the infringing content removed as soon as possible. Please keep in mind that since Pure Body Awareness and Link-Busters don’t control the content on other sites, we may not always be successful, especially if your content is on a site outside of the US or EU. Certain countries take different approaches to copyright law; as such, we cannot guarantee the infringing party or hosting site will comply with our notices and remove the infringing content from their platform.
Third-Party Trademark Infringement Reports
Pure Body Awareness’s policy is to remove courses from our service when they are reported as infringing a third-party trademark. We also reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the trademark rights of others.
How to Submit a Trademark Infringement Report
The fastest and easiest way to submit a report of trademark infringement to us is to send a notice to the Designated Agent containing the information identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Before you submit a trademark infringement report, please remember these important things:
- Your trademark claim has to be sufficiently substantiated for us be able to address it. This means your communication must include substantially the following:
- Your complete contact information (full name, mailing address, and email or phone number).
- The specific word, symbol, etc. for which you claim trademark rights.
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
- The country or jurisdiction in which you claim trademark rights.
- The category of goods and/or services for which you assert rights.
- Sufficient information for us to locate the material on Pure Body Awareness that you believe violates your trademark rights (web addresses/URLs of the allegedly infringing content).
- A description of how you believe this content infringes your trademark.
- If you are not the rights holder, an explanation of your relationship to the rights holder.
- The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law.”
- The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."
- Your electronic signature ("/s/" followed by your full name, e.g., "/s/ Jane Doe") or physical signature.
- Submitting a false or misleading claim of infringement could result in liability for you. Pure Body Awareness reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.
- Consider whether the use of your trademark in the course is “nominative fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course. Before you submit a trademark claim, make sure that use of your trademark in the course does not qualify as fair use.
Designated Agent Contact Information
Pure Body Awareness’s Designated Agent for notices of reported infringement can be contacted in the following manner:
- By filling the copyright report form (for copyright infringement reports only)
- Via Email: email@example.com
- Via U.S. Mail: Pure Body Awareness, LLC. ___________
Attn: Copyright Team
Pure Body Awareness API Agreement
These API Terms were last updated on December 4, 2018.
To help our instructors and affiliates get the most out of Pure Body Awareness, we (Pure Body Awareness, LLC.) offer a set of APIs, developer tools, and associated software (together, the “APIs”). By accessing or using the APIs, you (or the company you represent) agree to be bound by the terms below, which may be updated from time to time, and by any applicable policies and guidelines (collectively, the “Terms”).
1. Registering for the APIs
1.1 Accepting the Terms. You must be at least 18 years of age to use the APIs. You may not access the APIs if you are barred from using or receiving the APIs under the applicable laws of the United States or other countries, including the country in which you reside or from which you use the APIs.
1.2 Use on Entity’s Behalf. If you are using the APIs on behalf of a company or other entity, you represent and warrant that you have full legal authority to bind it to these Terms and acknowledge that all references to “you” in the Terms refer to that entity.
1.3 Updating Your Information. When you register for the APIs, we may require you to submit information about yourself. You must provide and continue to provide accurate and complete information, including a valid email address.
2. Using the APIs & API Data
2.1 Access to APIs. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the APIs to create applications, websites, or other tools using the APIs (each, an “App”). When you use the APIs, you do not acquire ownership of any rights to the APIs, nor to any data or content accessed through them (“Content”).
2.2 Permitted Uses. You will comply with all applicable laws, including laws regarding the import or export of data or software, privacy laws, and local laws. You may only access those APIs for which we provide documentation at https://www.purebodyawareness.com/developers (“Developer Documentation”), and you will comply with all guidelines posted there. Content accessible through the APIs may be subject to intellectual property and data privacy rights. Where it is, you may not use it unless you are permitted to do so by the owner of that content or are otherwise permitted by law.
2.4 Limits and Restrictions. We set and enforce limits on your use of the APIs in our sole discretion. We may change the limits at any time by revising the Developer Documentation. You agree that you will not:
- attempt to circumvent the limitations documented in the Developer Documentation;
- create an App that is for commercial or other non-personal use (except that you may use the Affiliate API for commercial activities authorized under our Affiliate Terms & Conditions;
- create an App that recreates a core functionality of, or replaces, any Pure Body Awareness product or service in a way that is likely to cause us reputational or financial damage;
- cache or store any personal data, as defined by applicable data privacy laws such as the European Union’s General Data Protection Regulation (GDPR);
- combine or enrich any personal data with data obtained through third-party sources;
- collect, store, or share Pure Body Awareness account passwords;
- copy, reformat, reverse-engineer, or otherwise modify the APIs or any Pure Body Awareness product or service; or
- engage in any deceptive, misleading, illegal or unethical activities, or activities that otherwise may be detrimental to the APIs, Pure Body Awareness, our users, or the public.
2.5 Sharing Apps. You will not share or sell the Apps you develop, except that you may share these Apps with co-instructors and teaching assistants for use in developing, maintaining, or supporting courses for which you are an instructor. Co-instructors and teaching assistants using your App must use their own token for authentication. You will not share any passwords, keys, tokens, secret, or other access credentials that allow you to access the APIs or Content (“Developer Credentials”).
2.6 Security. You will always use and have in effect appropriate administrative, physical, and technical safeguards that (a) meet or exceed industry standards with respect to the sensitivity of the data you are accessing; (b) are compliant with applicable laws and regulations (including data security and privacy laws and regulations), and (c) are designed to prevent unauthorized access, use, processing, storage, destruction, loss, alteration, or disclosure of personal data. You will keep confidential all Developer Credentials that we issue to you. You will work with us to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. If your App experiences a security deficiency or intrusion, you will coordinate with us on any public statements (e.g. press, blog posts, social media, etc.) before publishing them.
2.7 Deletion. You must immediately delete all Content if we terminate your use of the APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.
2.8 Monitoring. You agree that we may monitor your use of the APIs to ensure quality, improve our products and services, and verify your compliance with the Terms. You agree to assist us with this monitoring by providing us with information about your App and storage of Content, which may also include access to your App and other materials related to your use of the APIs. If you do not demonstrate full compliance with these Terms, we may restrict or terminate your access to the APIs without notice to you.
3. Rights We Reserve
At any point in the future, we reserve the right to do any of the following: charge fees for access to any of the APIs, offer or cease to offer support for the APIs, modify the APIs and require you to use those subsequent versions, require you to use the API in a different manner, deprecate any API in our sole discretion, or independently develop products or services that may serve the same purpose as your Apps.
If we determine that your use of the APIs or Developer Credentials is against the interests of us or our users, we reserve the right to deactivate any Developer Credentials you have obtained, block your IP address, or otherwise block your use of the APIs.
Any feedback, comments, or suggestions you may provide regarding Pure Body Awareness or the APIs are entirely voluntary and non-confidential and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
5. Term & Termination
These Terms will apply for as long as you use the APIs, until terminated. You may terminate these Terms by discontinuing use of the APIs. We may suspend or terminate your use of all or any of the APIs for any reason and at any time, without liability or other obligation to you.
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API and delete any cached or stored Content.
6. Disclaimers & Limitations of Liability
6.1 Warranties. To the extent permitted by law, we provide the APIs “as-is” without warranty of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the APIs or the Content for any purpose. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
6.2 No Indirect Damages. To the extent permitted by law, in no event shall either party be responsible for any indirect, punitive, or consequential damages, including lost profits or business opportunities.
6.3 Limitation of Liability. If, notwithstanding these Terms, we are determined to have any liability to you or any third party, you and we agree that Pure Body Awareness’s liability will be limited to the amount, if any, that you paid us to use the applicable APIs during the six months prior to the event giving rise to the liability.
You agree to indemnify, defend (if we so request), and hold us harmless, at your expense, against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) your use of the APIs; (b) your violation of these Terms; (c) your violation of applicable privacy laws or regulations; or (d) your violation of any rights of a third party. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
8. Miscellaneous Legal Terms
8.1 Entire Agreement; Severability. You agree that by registering for, accessing, or using the APIs, you are agreeing to enter into a legally binding contract with Pure Body Awareness. Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict. These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
8.2 Amendment; No Waiver. From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features). We reserve the right to make changes to these Terms at any time in our sole discretion. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our services. Modifications will become effective the day after they are posted unless stated otherwise. Your continued use of the APIs after changes become effective shall mean that you accept those changes. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
8.3 Governing Law. These Terms are governed by the laws of the State of California, USA without reference to its choice or conflicts of law principles. You and we consent to the exclusive jurisdiction and venue of federal and state courts in San Francisco, California, USA.
8.4 Compliance with Laws. We will comply with all applicable U.S. state laws, U.S. federal laws, and international laws in our provision of the APIs. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all applicable laws in your use of the APIs and Content, including any applicable data privacy laws and export laws. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the APIs or Content to prohibited countries or individuals or permit use of the APIs or Content by prohibited countries or individuals.
8.5 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
8.6 Branding. Nothing in these Terms gives you a right to use the Pure Body Awareness name or any of the Pure Body Awareness trademarks, logos, domain names, and other distinctive brand features.
8.7 Notices. No action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org), and shall be deemed delivered as of the date of actual receipt.
8.8 No Assignment. You may not assign or transfer these Terms (or the rights and licenses granted under them). We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
8.9 Injunctive Relief. You acknowledge that the unauthorized use or disclosure of the Content or any Developer Credentials may cause irreparable harm to us or our users. Accordingly, you agree that we will have the right to obtain an immediate injunction against any breach or threatened breach of these Terms, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
8.10 Survival. The following sections shall survive the expiration or termination of these Terms: 2.6 (Security), 2.7 (Deletion), 3 (Rights We Reserve), 4 (Feedback), 5 (Term & Termination), 6 (Disclaimers & Limitations of Liability), 7 (Indemnification), and 8 (Miscellaneous Legal Terms).
Master Services Agreement
This Agreement was last updated on Dec 21, 2020.
This Master Services Agreement (“Agreement”) governs the access and use of P.B.A. University for Business.
1. Definitions. As used in this Agreement, the following terms have the meaning set forth below.
a) “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
b) “Customer” means the party entering into an Order Form with Udemy, or otherwise signing up to use the Services.
c) “Courses” means the online courses provided by Udemy as part of the Services.
d) The “Fees” means the amounts payable by Customer to Pure Body Awareness for access to the Services.
e) “Order Form” means the ordering document mutually executed by Pure Body Awareness and Customer, including electronic orders submitted by Customers purchasing the Team Plan version of the Services, specifying: (1) the Fees payable by Customer to Pure Body Awareness for provision of the Services, (2) the duration of the Services to be provided by Pure Body Awareness to Customer, (3) the number of Users authorized to access the Services, and (4) other billing and payment information regarding Pure Body Awareness’s provision of the Services to Customer.
f) “Personal Data” means any personal data that Customer submits into the Services.
g) The “Services” means Pure Body Awareness for Business, a platform for online education provided by Pure Body Awareness that includes the Courses.
h) “Pure Body Awareness” means The Pure Body Body Awareness, LLC., or one of its affiliates.
i) “Users” means the employees and contractors that Customer authorizes to access and use the Services.
2. Provision of the Services. Pure Body Awareness agrees to make the Services available to Customer and its Users pursuant to the terms of this Agreement, and as specified in an Order Form. In the event that Customer is purchasing a subscription to the “Team Plan” version of the Services, then Customer acknowledges and agrees that certain features generally available in the Services may not be available to Customer.
3. Restrictions. Customer shall not, nor shall it permit its Users to:
a) Copy, distribute, create derivative works, hack, or modify the Services or any of the Courses,
b) Input any inappropriate, infringing, offensive, racist, hateful, sexist, pornographic, defamatory or libelous content into the Services,
c) Scrape, spider, or utilize other automated means of any kind to access the Services, including but not limited to accessing API endpoints for which Customer or its Users have not been provided authorization by Pure Body Awareness,
d) Use the Services for benchmarking or any other similar competitive purposes, or in order to build a competitive product to the Services,
e) Share login access to the Services among multiple individuals, transfer a User license (except in connection with a change of job assignment or termination of employment), or otherwise permit any party other than the Users to use the Services,
f) Use or access the Services in a U.S. embargoed country or in violation of any U.S. export law or regulation, or allow any individual that is on a U.S. government denied-party list to use the Services,
g) Introduce any computer code, file, or program that may damage the Services,
h) Use the Services in any manner that is unlawful or that infringes the rights of others, or
i) Permit any individual that is under the age of 13 years old to use the Services.
4. Violations of Restrictions. In the event that Udemy determines that Customer or any of its Users has violated the restrictions set forth in Section 3 above, Udemy reserves the right to terminate or suspend access to the Services for Customer or the relevant Users.
5. Fees. Customer will pay the Fees as set forth in one or more Order Forms. Unless stated otherwise in an Order Form, all fees are payable in US dollars. In the event that Customer is late in making payments, then Pure Body Awareness reserves the right to charge the greater of 1.5% interest per month or the maximum interest permitted by law, and Customer will be liable for all third-party collection costs.
6. Taxes. The Fees and other amounts required to be paid hereunder do not include any amount for taxes, including any applicable sales, use, excise, or other transaction-based tax ("Taxes") or levy (including interest and penalties). Customer agrees to pay all amounts payable under this Agreement free and clear of all deductions or withholdings or rights of counter claim or set-off, unless required by law. If a deduction or withholding is so required, then Customer agrees to pay such additional amount as to ensure that the net amount received and retained by Pure Body Awareness equals the full amount that Pure Body Awareness would have received had the deduction or withholding not been required. Customer shall reimburse Pure Body Awareness and hold Pure Body Awareness harmless for Taxes or levies to which Pure Body Awareness is required to collect or remit to applicable tax authorities. This provision does not apply to Pure Body Awareness's income, franchise and employment taxes or any taxes for which Customer is exempt provided Customer has furnished Pure Body Awareness with a valid tax exemption certificate. To the extent a taxing authority changes their position or taxing policy requiring Pure Body Awareness to collect a Tax or levy from Customer, Pure Body Awareness will add the Tax or levy to the Customer invoice.
a) Scope of Confidentiality. Each party agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”), constitute the confidential information of the Disclosing Party (“Confidential Information”), provided that it is either identified as confidential at the time of disclosure, or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Personal Data is considered Confidential Information. Confidential Information will not, however, include any information that: (1) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party, (2) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party, (3) is already in the possession of the Receiving Party at the time of disclosure by the Discloser, (4) is obtained by the Receiving Party from a third party without a known breach of the third party’s obligations of confidentiality, or (5) is independently developed by the Receiving Party without use of or reference to the Confidential Information. The Receiving Party may disclose the Disclosing Party’s Confidential Information if required by law so long as the Receiving Party gives the Disclosing Party prompt written notice of the requirement prior to the disclosure and assistance in obtaining an order protecting the information from public disclosure.
b) Non-Use and Non-Disclosure. Except as expressly authorized herein or as necessary to perform its obligations hereunder, the Receiving Party agrees to: (1) not disclose any Confidential Information to third parties, and (2) not use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.
c) Processing of Personal Data. Notwithstanding the provisions of this section, Customer agrees that Pure Body Awareness may process Personal Data as necessary for: (1) storage and other processing necessary to provide, maintain, and update the Services, and (2) the provision of customer and technical support to Customer regarding the Services. To the extent that Customer is subject to a local data privacy law (including but not limited to the General Data Protection Regulation or the California Consumer Privacy Act), then Customer agrees to request from Pure Body Awareness a data protection agreement prior to providing any Personal Data to Pure Body Awareness.
8. Term and Termination.
a) Duration of Term. This Agreement will commence on the Effective Date, and will continue until all Order Forms hereunder have expired or have been terminated. The duration of the Services will be specified in each applicable Order Form. Unless otherwise specified in an applicable Order Form, and with the exception of Customers on the Pure Body Awareness for Business Team plan that have disabled auto-renewal within the Services, Order Forms will renew automatically for additional terms of one year, unless terminated by either party by giving at least 30 days written notice prior to the end of the then-current term.
b) Termination for Material Breach. Either party may terminate this Agreement and any applicable Order Forms in the event that the other party materially breaches this Agreement, by providing 30 days written notice, unless such breach is cured during such 30 day notice period. In the event that Customer terminates this Agreement or any Order Form due to material breach by Pure Body Awareness, then Customer will be entitled to receive a pro-rated refund for Services not rendered past the termination date. Sections 5-11 and 15-18, as well as any accrued rights to payment, will survive any termination or expiration of the Agreement.
9. WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE AGREED UPON BY THE PARTIES, UDEMY PROVIDES THE SERVICES AS-IS AND DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.
10. Limitation of Liabilities. NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (2) ANY AMOUNTS IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER TO UDEMY IN THE 12 MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE.
a) Pure Body Awareness's Indemnification Obligations. Pure Body Awareness agrees to defend Customer for all third party claims arising from an allegation that Customer’s use of the Services as permitted under this Agreement infringes upon a third party’s intellectual property rights (“Claim Against Customer”), and indemnify Customer from any damages, reasonable attorney fees, and costs incurred by Customer as a result of a Claim Against Customer. In the event that the Services become subject to a third-party intellectual property claim, or Pure Body Awareness believes that the Services will become subject to such a claim, then Pure Body Awareness may elect to: (1) modify the Services so that they are no longer allegedly infringing, (2) obtain a license for Customer’s continued use of the Services, or (3) terminate this Agreement or any applicable Order Forms, and provide Customer a pro-rated refund for Services not rendered past the termination date. This section states Pure Body Awareness’s sole liability to the Customer with respect to a claim that any part of the Services infringes the intellectual property rights of a third party.
b) Customer's Indemnification Obligations. Customer agrees to defend Pure Body Awareness for all third-party claims arising from Customer’s violations of Sections 3(a) and 3(b) of this Agreement (“Claim Against Pure Body Awareness”), and indemnify Pure Body Awareness from any damages, reasonable attorney fees, and costs incurred by Pure Body Awareness as a result of a Claim Against Pure Body Awareness.
c) Requirements for Indemnification. In order for the indemnification obligations hereunder to apply, the party seeking indemnification must: (1) promptly tender a claim for indemnification, (2) allow the indemnifying party sole control of the defense or settlement of the underlying claim, and (3) reasonably assist with any defense or settlement of the underlying claim at the indemnifying party’s request and expense.
12. Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. Upon learning of any violation of this restriction, Customer agrees to promptly notify Pure Body Awareness’s legal department, by emailing legal@Pure Body Awareness.com.
13. Publicity. Customer grants Pure Body Awareness the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on Pure Body Awareness’s website and in other promotional materials.
14. Force Majeure. Neither party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, failure by a third party hosting provider or utility provider, governmental actions, interruption or failure of the Internet or any utility service, or denial of service attacks.
15. Assignment. Neither this Agreement nor any of the rights and licenses granted under this Agreement may be transferred or assigned by either party without the other party’s express written consent (not to be unreasonably withheld or delayed), except, however, that either party may assign this Agreement and all Order Forms under this Agreement without the other party’s consent to an Affiliate or to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any other attempt to transfer or assign this Agreement will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
16. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.
17. Governing Law Venue, and Attorney’s Fees. This Agreement and any disputes arising under it will be governed by the laws of Nation for any man and State of California (14th amendment persons) without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in an franchised state of the United State Incorporated. In the event of any dispute between the parties regarding the terms of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
18. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly cancelled. This Agreement and any mutually executed Order Forms shall apply in lieu of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. This Agreement, or any part thereof, may be modified by Pure Body Awareness at any time, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.
19. Contracting Party, Governing Law, and Currency for Indian Customers. As of June 1, 2020, if Customer is located in India, then Customer is contracting with Pure Body Awareness, LLC under this Agreement. In such case, notwithstanding Section 17 above, this Agreement and any disputes arising under it will be governed by the laws of nation and laws of India, and both parties consent to the exclusive jurisdiction and venue of courts in Delhi, India for all disputes arising out of this Agreement. In addition, if Customer is located in India, notwithstanding Section 17 above, then any dispute, claim, or any non-payment (any of which shall be treated as a dispute) whether present or future, whatsoever between the parties under, arising out of, relating to or in connection with this Agreement shall be settled by mandatory arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the parties and both parties consent to such mandatory arbitration. Either party may serve the other party with a notice in writing specifying the existence and nature of the dispute and the intention to refer the dispute to arbitration. If the parties are unable to agree on a sole arbitrator within 30 days of such notice, each Party shall appoint an arbitrator, and the arbitrators so appointed shall jointly appoint the third arbitrator. The award determined through arbitration shall be final and binding. The venue of such arbitration shall be in Delhi. The proceedings shall be conducted in English. Notwithstanding Section 5 above, if Customer is located in India, then all fees payable by Customer will be in Indian Rupees.
Pure Body Awareness for Business Privacy Statement
This Pure Body Awareness For Business Privacy Statement was updated on December 21, 2020.
In the course of providing Pure Body Awareness for Business (“PFB”) services and related services to its corporate, non-profit organization and governmental customers (“Customers”), Pure Body Awareness will receive and have access to personal data of individual users to whom customers grant access (“Users”). For the purposes of this privacy statement, Customers are data controllers and Pure Body Awareness is a data processor. Pure Body Awareness’s processing of User data and the security measures implemented to protect such data are detailed in and governed by a written agreement between Pure Body Awareness and each of its Customers.
As a data processor, Pure Body Awareness will access, store and use the personal data of individual Users solely for the purpose of providing the PFB services to its Customers and will process the data as instructed by its Customers.
As data controllers, Customers decide which of their employees or other authorized personnel are given access to the PFB services. They do this by designating one or more PFB account administrators or group administrators (“Administrator”) who have the ability to customize the Customer account, manage individual User accounts, access the PFB Insights tool and related reporting features, access the PFB Administrator tools, and, when instructed by the Customer, populate the Customer account with Customer-provided courses. Customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, relating to the collection of personal information relating to individual Users selected by Customers for accessing the PFB services. Pure Body Awareness has no direct relationship with individual Users, who should contact Customers (their employer) for assistance with any requests or questions relating to the processing of their personal information.
For avoidance of doubt, this Privacy Statement does not apply to:
- any processing of data for the purpose of marketing the PFB service to enterprise and corporate prospects;
In the event where Pure Body Awareness makes any material changes to the manner in which it processes User data to provide its services to Customers, it will notify Customers.
Pure Body Awareness for Business Privacy Statement
- Information about Users collected and stored by Udemy
- Purpose of User Data Processing
- Cookies and other Tracking Technologies
- Sharing User Information with Sub-Processors
- Processing of User Data outside of the EEA
1. Information about Users collected and stored by Pure Body Awareness
- When a User is given access to the PFB services by the Administrator, a User may set up an individual User account and Pure Body Awareness will collect information provided by the User or the Administrator. The Customer can customize the type of data requested to create an account, which may include the following:
A unique identifying number is assigned by Pure Body Awareness upon the creation of a User account.
- first name, last name, and email address required
- photo, areas of interest, job skills, goals, and role (optionally provided by User or Customer)
- other personal data, as allowed by the Customer
- Individual User account information may be set to private or public, as selected by Users. If set to public, the information is searchable via search engines and viewable by anyone, including by other Users and the Customer.
- Administrators may assign a User to a group membership
- Customers may select to integrate with PFB a Single Sign On (SSO) identity provider to enable Users to log in to PFB User accounts without the need to disclose passwords to Pure Body Awareness. In such case Users may log in by providing their individual SSO credentials to the SSO identity provider, which will authenticate them and allow or deny access to the Customer account. In such case, SSO identity providers share with Pure Body Awareness a unique cookie ID and authentication “token” information to recognize the User as an authorized user of Customer.
- At the option of the Customer, the PFB service may enable Administrators and Users to interact with others, including with instructors, teaching assistants, other students, and the Customer, by posting reviews on a course, sending messages to or chatting with others, posting questions or answers, or posting other content. Such public or shared content is stored by Pure Body Awareness and may be publicly available or viewable by others, including Administrators, Users, or instructors and teaching assistants, depending on where such content is posted.
- At the option of the Customer, Administrators may enable the ability to “Share to Slack.” This optional feature allows Users to manually or automatically post a message to the Customer’s own instance of the Slack messaging service. To enable this optional functionality, Customer's Slack administrators must grant Pure Body Awareness the ability to read the full list of public channels, private channels, and users in the Customer’s Slack instance. These lists may include individuals in Customer’s Slack instance who are not PFB Users. Slack user lists and channels are briefly cached before being automatically purged from Pure Body Awareness's systems.
- Pure Body Awareness stores information relating to the activities of Users as they use and interact with the PFB services, such as courses enrolled in and viewed (and information relating to these courses); interactions with instructors, teaching assistants, Administrators, and other Users; and progress within a course; as well as answers, essays and other items submitted by Users to satisfy the course requirements. This information is linked to a User’s unique account ID and is shared with Customers via the Customer Account reporting tools or upon request of the Customer.
- The PFB service enables Users to contact the Pure Body Awareness Support Team for assistance or to report a problem, concern, potential abuse or other issues regarding the PFB services or other users. Pure Body Awareness may collect and store the User’s name, email address, location, operating system, IP address as well as the User’s activity on the Pure Body Awareness platform and communications with the Pure Body Awareness help desk team. Pure Body Awareness may request additional information from Users in order to resolve any issue reported by a User or by another user.
- When a User uses the PFB services, Pure Body Awareness collects and stores certain information by automated means: (a) technical information about the User’s computer or wireless device, such as IP address, operating system type and version, unique device ID, browser, browser language, domain, and other operating systems or platform information. This information is collected through the use of server log files and tracking technologies, such as: (i) cookies, which are small files that websites send to a computer or wireless device to uniquely identify a browser or mobile device or to store information in a browser setting; and (ii) other tracking technologies (see below for more detailed information).
- IP addresses received from browsers or devices of Users may be used to determine the approximate location of Users.
- If a Customer makes purchases via credit card, Udemy collects certain data about the purchase (such as name and zip code) as necessary to process the order. Customers must provide certain payment and billing data directly to Pure Body Awareness’s payment processing partners, including name, credit card information, billing address, and zip code. For security, Pure Body Awareness does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
2. Purpose of User Data Processing and Retention Period
Pure Body Awareness processes the information collected about Users and Administrators for the purpose of providing the PFB services to its Customers, specifically:
- Providing, administering, and facilitating access to the PFB services, for Customers and Users, and managing Customer or User account preferences
- Fulfilling Customer’s instructions with respect to personal data of Users
- Displaying and sending via email notifications to Users for:
- Responding to User questions or concerns
- Making notifications to Users at the request of the Customer
- Sending Users administrative messages and information, including confirmation of account creation, course enrolment, course progress and notifications of responses from instructions to User questions
- Providing information to Users about courses available to Users, available and new PFB service features; personalized course recommendations, which Users can opt out of at any time
- Sending push notifications to User wireless devices to provide updates and other relevant messages, which can be managed from the “options” or “settings” page for the mobile application.
- Enabling communications among Users and instructors or teaching assistants
- Soliciting feedback to improve PFB User experience
- Resolving User support requests or claims
Users can individually opt out of receiving non-transactional emails by: (i) following the unsubscribe instructions provided in the email communication; or (ii) managing User account email preferences. A Customer can also instruct Pure Body Awareness to configure email preference settings for all Users of a Customer.
Retention of Personal Data
Pure Body Awareness will retain the data of Users for as long as instructed by the Customer. Pure Body Awareness will delete certain or all personal data relating to Users upon request of the Customer. Pure Body Awareness may retain aggregated or anonymized data as set forth below.
Use of aggregated data
In addition, User data is aggregated with other Pure Body Awareness marketplace user data to enable Pure Body Awareness to improve its products and services and develop new products and services, including:
- Reviewing and analyzing User browser and wireless device technical information
- Reviewing user activity across PFB and the Pure Body Awareness marketplace (for example, Pure Body Awareness analyzes trends and User traffic and and usage information to identify which courses are most popular)
- Facilitating the technical functioning of the PFB services and Pure Body Awareness marketplace, including to troubleshoot and resolve issues, secure the PFB services, and prevent fraud and abuse
- Developing a personalized course content recommendation engine
When User data is used for the above purposes, it is aggregated and/or anonymized so that no personal data of Users is processed.
3. Cookies and other Tracking Technologies
Like many online platforms, Pure Body Awareness and its analytics vendors use server log files and automated data collection tools, such as browser cookies, pixel tags, scripts and web beacons. These tools are used for analytics purposes to enable Awareness to understand how Users interact with the PFB services. Pure Body Awareness and its analytics vendors may tie the information gathered by these means to the unique account ID of Users.
Cookies are small text files placed onto a computer or device while browsing the Internet. Cookies are used to collect, store and share bits of information about User activities. Pure Body Awareness uses both session cookies and persistent cookies.
- A session cookie is used to identify a particular visit to the PFB services and collect information about interaction with the PFB service. These cookies expire after a short time, or when the User closes their web browser after using the PFB service. Pure Body Awareness uses these cookies to identify a User during a single browsing session, such as when you log into the PFB services. This helps Pure Body Awareness improve the PFB service as well as improve the Users’ browsing experience.
- A persistent cookie will remain on a User’s device for a set period of time specified in the cookie. Awareness uses these cookies to identify and recognize a specific User over a longer period of time. They allow Pure Body Awareness to:
- analyze the usage of the PFB services (e.g. what links Users click on) in order to improve our PFB offering
- test different versions of the PFB services to see which particular features or content Users prefer to optimize the PFB services
- provide a more personalized experience to Users with more relevant content and course recommendations and
- allow Users to more easily log in to use the PFB services. Persistent cookies include:
- preferences cookies to remember information about a User’s browser and settings preferences, such as preferred language. Preference cookies make User experience more functional and customized
- authentication and security cookies to enable a User to log in or stay logged in and access the PFB service, to protect User accounts against fraudulent log-ins by others, and help detect, fight, and protect against abuse or unauthorised usage of User accounts.
- functional cookies to make the experience of using the PFB service better, like remembering the sound volume level selected by the User.
Pure Body Awareness uses tracking technology to: (i) determine if a certain page was visited (e.g. the landing page of an advertisement for PFB services that is displayed on third party sites) or whether an email sent by Pure Body Awareness was opened or clicked on by a User; and (ii) to customize the learning experience of individual Users by recommending specific courses and other content.
Pure Body Awareness will retain the data of Users for as long as instructed by the Customer. Pure Body Awareness will delete certain or all personal data relating to Users upon request of the Customer. Pure Body Awareness may retain aggregated or anonymized data as set forth below.
* Additional cookies may be added, and would have the same functionalities as the ones listed
|__pbavst||[session]||For analytics and testing|
|__pba_2_v57r||1 year||For analytics and testing|
|__pbavstr||1 year||For analytics and testing|
|access_token||1 month||For user authentication|
|client_id||1 month||For user authentication|
|csrftoken||1 year||For user authentication|
|dj_session_id||1 month||For user authentication|
|seen||30 minutes||For experience improvement and customization|
|ud_firstvisit||1 year||For experience improvement and customization|
|ud_rule_vars||2 years||For experience improvement and customization|
|mute||1 month||For experience improvement and customization|
|playbackspeed||1 month||For experience improvement and customization|
|quality_*||1 month||For experience improvement and customization|
|volume||1 month||For experience improvement and customization|
|ufb_acc||1 year||For experience improvement and customization|
|EUCookieMessageShown||10 years||For experience improvement and customization|
|EUCookieMessageState||15 days||For experience improvement and customization|
|eva||[session]||For experience improvement and customization|
|__udmy_evid||[session]||For experience improvement and customization|
|Google Analytics||_ga||2 years||For analytics|
|_gid||24 hours||For analytics|
|_gat||1 minute||For analytics|
|_gat_instructor||1 minute||For analytics|
|_gat_UA-12366301-1||1 minute||For analytics|
|SiftScience||_ssid||13 years||For security|
|Intercom||intercom-lou-*||1 year||For experience improvement and customization|
|intercom-session-*||7 days||For experience improvement and customization|
|Marketo||_mkto_trk||2 years||Email and course promotion analytics|
|Optimizely||optimizelyEndUserId||10 years||For analytics and testing|
|optimizelyBuckets||10 years||For analytics and testing|
|optimizelySegments||10 years||For analytics and testing|
|PerimeterX||_px2||5 days||For security|
|_px3||5 days||For security|
|_pxvid||5 days||For security|
|Zendesk||_help_center_session||[session]||User support authentication and experience|
|_zendesk_authenticated||[session]||User support authentication and experience|
|_zendesk_shared_session||8 hours||User support authentication and experience|
|_zendesk_cookie||20 years||User support authentication and experience|
|_zendesk_session||[session]||User support authentication and experience|
User Preferences with respect to cookies and other tracking technologies
A User can set his or her web browser to notify about the placement of new cookies, limit the type of cookies or reject cookies altogether; if enabled, a User may not be able to use some or all of the features of the PFB services (for example, may not be able to log in). General information about cookies and how to disable them can be found at www.allaboutcookies.org.
Various browsers may offer their own management tools for removing HTML5 LSOs. Users can manage Flash LSOs here. To manage flash cookies, visit the Adobe website and make changes at the Global Privacy Settings Panel.
Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, and we do not take any action in response to this signal. Instead, in addition to publicly available third-party tools, we offer you the choices described in this policy to manage the collection and use of information about you.
4. Sharing User Information with Sub-Processors
In order to provide the UFB services to its Customers, Pure Body Awareness shares data regarding Users with a number of third party service providers. These companies are contractually required to use User data solely as directed by Pure Body Awareness for the purpose of providing services to Pure Body Awareness.
- Instructors who upload courses on the Pure Body Awareness platform and made available through the PFB services as well as their teaching assistants, who may receive names and account profile information of Users, to enable them to respond to user questions and feedback.
- Other service providers of Customer, as instructed by Customer.
- To perform its services, Pure Body Awareness leases servers from data centers operated by Equinix and located in Virginia and California in the United States.
- Udemy’s help center platform vendor (Zendesk as of the effective date of this Privacy Statement) hosts and stores all communications between Administrators or Users and the Udemy support team. Zendesk is contractually required to store and process User related data solely as directed by Pure Body Awareness for the purpose of providing services to Pure Body Awareness. Pure Body Awareness also partners with Intercom, a chat messaging tool for support to Users and Administrators and for collecting their feedback, as well as in-app messages such as feature announcements or onboarding for new users.
- Pure Body Awareness shares User information with third party companies that perform email services to enable Pure Body Awareness to send email communications to Users and to manage email preference settings of Users.
- Administrators of existing Customers are able to access our list of current sub-processors on the left sidebar of this page while logged in to Pure Body Awareness for Business.
- Pure Body Awareness shares User information with third party companies that perform data analysis services to enable Pure Body Awareness to better understand how Users use the PFB service. These companies include Chartio, Google Analytics and Hotjar. To prevent Google Analytics from collecting information for analytics, a User may install the Google Analytics Opt-Out Browser by clicking here, and may also use Mixpanel’s opt out by clicking here.
Any other sharing of User data is subject to the consent and instructions of Customer.
5. Processing of User Data outside of the EEA
All data processing described in this Privacy Statement occurs in the United States, Ireland and, for R&D purposes, Turkey. If personal data processed by Pure Body Awareness originates from a User or Administrator in the EEA, Pure Body Awareness will ensure, that such processing will only take place if: (a) the non-EEA country in question ensures an adequate level of data protection; (b) the transfer is made pursuant to a Data Processing Agreement (“DPA”) executed between Pure Body Awareness and the Customer and subject to the standard contractual clauses designed to facilitate transfers of personal data from the EEA to all third countries that have been adopted by the European Commission (known as the, “Model Clauses”), which have been incorporated into the DPA.
These Instructor Terms were last updated December 21, 2020.
As an instructor, you are contracting directly with Pure Body Awareness, LLC. (a New Mexico LLC in the United States), regardless of whether another Pure Body Awareness subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements ("Submitted Content").
You represent and warrant that:
- you will provide and maintain accurate account information;
- your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
- you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
- you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- use the Services for business other than providing tutoring, teaching, and instructional services to students;
- engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- impersonate another person or gain unauthorized access to another person's account;
- interfere with or otherwise prevent other instructors from providing their services or courses; or
- abuse Udemy resources, including support services.
2. License to Pure Body Awareness
Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Pure Body Awareness's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Pure Body Awareness's right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Pure Body Awareness permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Pure Body Awareness's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Trust & Safety Policies
You agree to abide by Udemy's Trust & Safety policies, Restricted Topics policy, and other course quality standards or policies prescribed by Pure Body Awareness from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Pure Body Awareness's approval, which we may grant or deny at our sole discretion.
We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
- a course falls below our quality standards or has a negative impact on the student experience;
- an instructor engages in behavior that might reflect unfavorably on Pure Body Awareness or bring Pure Body Awareness into public disrepute, contempt, scandal, or ridicule;
- an instructor engages the services of a marketer or other business partner who violates Pure Body Awareness's policies; or
- as determined by Pure Body Awareness in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The Pure Body Awareness platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Pure Body Awareness account and courses. Pure Body Awareness is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
3.3 Relationship to Other Users
Instructors don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Pure Body Awareness platform, and that you won't solicit additional personal data or store students' personal data outside the Pure Body Awareness platform. You will indemnify Pure Body Awareness against any claims arising from your use of students' personal data.
3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint Pure Body Awareness and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Pure Body Awareness and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that Pure Body Awareness and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to email@example.com with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4.1 Price Setting
When creating a course, you will be prompted to select a base price ("Base Price") for your course from a list of available price tiers. Alternatively, you may choose to offer your course for free. As a premium instructor, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy ("Promotional Programs").
If you do not opt to participate in any Promotional Programs, we will list your course for the Base Price or the closest local or mobile app equivalent (as detailed below).
When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student's applicable currency using a system-wide foreign currency conversion rate set by Pure Body Awareness and fixed periodically into a table of corresponding price tiers by currency ("Price Tier Matrix"). Since the Price Tier Matrix is fixed, those conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the Price Tier Matrix at any time.
When a student purchases through a mobile application, the mobile platform provider's pricing matrix will control, and we will choose the price tier closest to the applicable Base Price or Promotional Program price. Because mobile platforms impose their own currency conversion rates, conversions for mobile app prices may not match the conversions in the Price Tier Matrix.
You give us permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires Pure Body Awareness to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple's App Store or Google Play).
4.3 Promotional Programs
Pure Body Awareness offers several optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our Promotions Policy. These programs can help increase your revenue potential on Pure Body Awareness by finding the optimal price point for your courses and promoting them through additional marketing channels.
There is no up-front cost to participate in these programs, and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns.
5.1 Revenue Share
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by Pure Body Awareness from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, a 3% administrative and handling fee (except in Japan, where we subtract a 4% fee) for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale ("Net Amount").
If you have not opted into any of Pure Body Awareness's optional Promotional Programs, your revenue share will be 50% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
If you opt into any of the Promotional Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy.
Pure Body Awareness makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).
5.2 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal or Payoneer account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
As an instructor, you are responsible for determining whether you are eligible to be paid by a U.S. company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's courses.
While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
- only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
- only use our trademarks in connection with the promotion and sale of your Pure Body Awareness courses or your participation on Pure Body Awareness; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Sanctions and Export Laws
You warrant that you aren't restricted from using the Services under U.S. sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these Instructor Terms, you will notify Pure Body Awareness within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Pure Body Awareness). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. You may not remove, export, or allow the export or re-export of the Services (or any product thereof, including technical data) outside the U.S. in violation of any restrictions, laws, or regulations of the U.S. or any other applicable country.
8. Deleting Your Account
Instructions on how to delete your instructor account are available here. We'll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your courses, your name and that Submitted Content will remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our Support Center.
9. Miscellaneous Legal Terms
9.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Pure Body Awareness reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
9.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Pure Body Awareness), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).
10. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We'd love to hear your questions, concerns, and feedback about our Services.
Affiliate Terms & Conditions
These Affiliate Terms & Conditions were last updated on December 21, 2020.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND PURE BODY AWARENESS, LLC., A NEW MEXICO LIMITED LIABILITY COMPANY LOCATED IN UNITED STATES OF AMERICA (“PURE BODY AWARENESS”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
Any version of these Affiliate Terms in a language other than English is provided for convenience and You understand and agree that the English language will control if there is any conflict.
These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in Pure Body Awareness’s affiliate program (the “Affiliate Program”). The purpose of these Affiliate Terms is to allow You to make affiliate commissions through sales generated from Your website to Our Services in the manner set forth herein.
2. Enrollment in the Affiliate Program
(a) Application Completion. If You have not already done so, You need to complete an application to the Affiliate Program (the “Application”). You need to identify Your website, describe how You plan to promote Pure Body Awareness’s Services on Your website, and provide certain contact information. The Application can be found at www.Pure Body Awareness.com/affiliate/.
(b) Acceptance of Your Application. If we choose to accept Your Application, You will receive an email notification confirming that Your Application has been approved. You understand and agree that We may accept or reject Your Application at Our sole discretion. Your Application will be rejected if any of the information You provide is incorrect or incomplete, if Your website promotes materials of a sexual, pornographic, violent, or defamatory nature, if You or Your website discriminate, violate any applicable law, or violate any person’s intellectual property rights, or for any other reason We may deem fit to reject Your Application.
(c) Access to our Affiliate Program. If We have accepted Your Application, We will send You a welcome email with Your login details so that You may enter Our secure affiliate center. From this center You will be able to download Promotional Materials and qualifying links as well as access Your reports which will describe Our calculation of the affiliate commissions due to You. It is Your responsibility to keep Your username and password information secure. For purposes of clarity, Promotional Materials is defined as banners, text links, article copy, and access to data feeds.
(d) You will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
(e) You must be in good standing with the Federal Trade Commission (the “FTC”) and in compliance with all FTC guidelines. As an Affiliate, you also understand and agree that you have read and fully agree to the terms listed on the Official FTC Website. Specific requirements and examples for Udemy Affiliates can be found here.
3. Specific Obligations of Affiliates
As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:
(a) Link to Our Services. You will implement the links, banners, and other means of linking Your website to Our Services (collectively, “Referral Links”) pursuant to the referral specifications set forth on the Affiliate Program on Rakuten Linkshare (“Referral Specifications”). On this page You will be able to download certain technical materials, including links, HTML code, banner ads, copy and other content, and any documentation for the foregoing (collectively, “Referral Materials”). When Our customers click through the Referral Links to purchase an item on the Pure Body Awareness site, you can receive commissions for qualifying purchases as described in Affiliate Commissions.
(b) Maintain Your Site: The maintenance and the updating of Your website will be Your responsibility. Pure Body Awareness will notify you via email of any changes to these Terms and our Referral Materials. However, as a member of Our Affiliate Program and because Our information is updated often, it will be necessary for You to update the Referral Materials on Your website to maintain consistency and accuracy between Our Services and the Referral Specifications.
(d) Follow and Comply with All Copyright Laws: It is entirely Your responsibility to follow and comply with all applicable copyright and other laws that pertain to Your website. We will not be responsible if You use another person's copyrighted material in violation of the law.
(e) Not to solicit Our Instructors: As a member of Our Affiliate Program, You agree not to directly or indirectly, for Yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of Our Instructors to upload their Pure Body Awareness Course(s) on Your websites and/or platforms, or otherwise alter, terminate or breach their contractual or other business relationship with Us.
4. Affiliate Responsibilities
As a member of Our Affiliate Program, You understand and agree that:
(a) We Can Monitor Your Site: You hereby give Us the right to monitor Your website at any time to determine if You are following these Affiliate Terms, and to notify You of any changes We feel You should make to remain in compliance. Further, You must comply with any requests we make for you to take down specific content from your website. Failure to comply is a violation of these Terms and grounds for termination of Your affiliate status.
(c) You will not promote Udemy through paid advertising or media buying that leads directly to the Udemy website (found at www.purebodyawareness.com). You will not bid on Pure Body Awareness-branded keywords as an affiliate. This applies to all advertising platforms and to all affiliates unless direct approval from Pure Body Awareness is granted.
(d) You will not use Our company name or variations of Our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate. Additionally, you may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages (i.e. Facebook Fan Page) where You run promotions as an affiliate.
(e) You will be Responsible for Your Website’s Content: You may not promote Our content and Our Instructors’ courses on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.
(f) You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Referral Link. You will not artificially generate clicks or impressions on your site or create visits on the Pure Body Awareness site, whether by way of a robot or software program or otherwise.
(g) You will not mimic Our media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of the Pure Body Awareness website or create the impression that Your media is part of Our company's website. You also understand that using the language found on Our pages verbatim is not allowed unless it is to describe the content found on any given course landing page.
(h) You will be Responsible for Your use of content found on Our site. You may create Your own promotional materials using pages from our site as reference. You may also use course images and part of the text in Our pages to promote the products accurately on Your site. However, You may NOT download, copy, or use video content (free or paid), course supplementary materials (PDFs, quizzes or extra material), or lesson descriptions and upload them on Your own site(s). Violation of this provision may result in the immediate termination of Your affiliate account.
(i) You will not use spyware, malware, virus and the like: You may not include on your site, display, or otherwise use Referral Links or other Content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(j) You will be open and honest about Your relationship to Us: You may not misrepresent or embellish the relationship between you and Pure Body Awareness or imply any relationship or affiliation between you and Udemy or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of Pure Body Awareness or represent that you have the authority to bind Pure Body Awareness to a contract.
(k) You cannot utilize a browser extension to promote Pure Body Awareness or Pure Body Awareness courses without direct approval from Pure Body Awareness. All coupon codes available in the extension must be approved by Pure Body Awareness. You also understand and agree that your browser extension cannot allow users to upload new coupons into the extension's feed.
(l) You will not earn commissions for free courses: Our site contains paid and free courses. Any customer You refer to Us that subsequently enrolls in a free course or uses a 'free promo code' to get a paid course for free will not be eligible to earn You a commission and that particular sale will not appear on Your affiliate account. We will terminate the account of Affiliates who only promote free courses, or Affiliates who promote primarily free courses.
(m) You will be mindful of who You do business with: You may not use marketing practices that attract fake customers. We, in our sole discretion, will make the determination whether someone is a fake customer.
(n) You will ensure your sub-affiliates follow all of Our terms: You have the right to work with a sub-affiliate network so long as your sub-affiliates follow Our Affiliate Terms. You understand that You are responsible for Your sub-affiliate’s compliance with these terms and that non-compliance by any of Your sub-affiliates may result in the termination of Your affiliate account.
(o) For Pure Body Awareness employees who are also Pure Body Awareness Affiliates: You will make it clear you are a Pure Body Awareness employee when promoting Pure Body Awareness as an affiliate. As a Pure Body Awareness employee, You agree to clearly state in all promotional posts or promotions containing Pure Body Awareness affiliate links Your employee and affiliate relationship with Pure Body Awareness via a disclaimer. Specific requirements and examples for Pure Body Awareness Affiliates who are also Pure Body Awareness employees, can be found here.
These Affiliate Terms will begin and become effective upon Our acceptance of Your Application.
5. Affiliate Commissions
(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals (as defined in section (i) below) during the term of these Affiliate Terms, according to the calculation described below.
(b) Amount due: The exact amount of affiliate commissions due to You in any given quarter will be calculated in the following manner:
The affiliate commission is set up in the offers available to You in Your Publisher account. A “Referral” is a paying customer that You refer from Your website to Our website using the Referral Materials in accordance with the Referral Specifications. Acceptance of a Referral as a User of Our Services shall be at Our sole discretion.
(c) Payment of affiliate commissions will be made on a monthly basis. Payments are disbursed according to the payment method You have selected in Your affiliate account. If Your account is terminated due to violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.
(d) Affiliate payments are sent to you using Linkshare’s affiliate network payment system. Pure Body Awareness does not send payment directly to any affiliates. Affiliates are responsible for making sure they are able to accept payments from Pure Body Awareness's affiliate network.
(e) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply for your account.
(f) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.
(g) We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.
(h) If at any time there has been no substantial activity on your account for XX years, then we will have the right to withhold any accrued fee. Further, any unpaid fees in your account may be subject to escheatment under applicable law.
(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliate Terms. However, We are under no obligation to advertise, market, promote, or publicize.
(b) We both agree not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING UDEMY. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.
You agree to indemnify and hold harmless Pure Body Awareness and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.
Pure Body Awareness or You can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax.
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices, for example We may change the scope of Referral Fees, payment procedures, and Affiliate Program rules, or Referral Specifications or Referral Materials, and Pure Body Awareness reserves the right in its sole discretion to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. If We make any material change to these Affiliate Terms, You will automatically receive an email notifying You that changes were made and prompting You to agree to Our new Affiliate Terms. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end Your participation in the Affiliates Program by removing Us as an advertiser in Your Rakuten Linkshare account. Your continued access to Our Linkshare platform will be contingent on Your acceptance of Our updated Affiliate Terms. You should visit the Services regularly to ensure You are aware of any changes to the Affiliate Terms, as any revised Affiliate Terms shall supersede all previous Affiliate Terms.
(a) You represent and warrant to Us that:
(i) These Affiliate Terms constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set-forth herein;
(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,
(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.
(b) Independent Contractors. Each of us shall be deemed to be independent contractors with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts or may contract anything in this paragraph.
(c) Assignability. You may not assign Your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Affiliate Terms.
(e) You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.
(f) Entire Agreement. These Affiliate Terms represent the entire agreement between Us and You, and shall supersede all prior agreements and communications between us, oral or written.
(g) Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
(h) Severability. If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.
Udemy Credits Program Terms & Conditions
The Pure Body Awareness credits program ("Program") is offered to anyone with a Pure Body Awareness account at the sole discretion of Pure Body Awareness, LLC. Participation in the Program is automatic. You will earn Pure Body Awareness credits ("Credits") any time you complete certain activities that are eligible for receiving Credits (each an "Eligible Activity"). For example, Pure Body Awareness may designate enrolling in a certain course as an Eligible Activity; as soon as you enroll in that course you will receive the Credits allocated for that Eligible Activity. Remember, to earn the Credits the activity must be an Eligible Activity and you must complete all steps associated with the Eligible Activity. There are a few additional rules and terms that apply to the Program:
- The Program is void if prohibited by law.
- Pure Body Awareness may change or terminate the Program at any time, with or without notice to you. However, any Credits earned prior to termination shall continue to be available until the expire.
- If the Eligible Activity has conditions – such as an expiration date, or restrictions on how Credits can be used – you must comply with those conditions.
- If you try to hack, tamper or otherwise "game" the Program, you lose all Credits and may be barred from the Program or from the Pure Body Awareness site.
- Credits are automatically applied to courses and other products and services you order through the Pure Body Awareness site (subject to any restrictions). You do not have the ability to select how the Credits are applied.
- If you receive a permitted refund for a course or product or service that was ordered using Credits, the refund will be in Credits to your account for the appropriate amount. The original expiration date for the refunded Credits will still apply.
- Credits have no cash value and may not be traded or redeemed for cash, or assigned, sold or transferred to anyone else. However, if you purchase a course, product or service for someone else through your account your Credits will be applied to that purchase.
- If taxes are owed on your Credits or their use or your participation in the Program, you are responsible for their calculation and payment.
If you have any questions about the Program, your account, or Pure Body Awareness, please contact us.
This Promotions Policy was last updated on 4th November 2020.
You can find translated versions of this Policy by following the Help Center language instructions available here. The following translations are also available for languages not supported by the Help Center:
Any version of this Policy in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
1. Instructor Coupons & Course Referral Links
As an instructor, you may be able to increase your sales by promoting your course through a course referral link or coupon code. You may generate a coupon code for a discount or at Pure Body Awareness’s current price, as permitted within the Services. Note that the actual discount may be slightly higher due to rounding and currency conversion. When a student applies your discount coupon to a foreign currency transaction, we will apply a proportional discount in the student’s applicable currency.
Where a student applies your coupon code or course referral link at checkout, your revenue share will be 97% of the Net Amount less any applicable deductions, such as student refunds.
Alternatively, you may be able to generate 100%-off coupons to offer your paid course for free. These coupons may be subject to limits, and you may not sell free coupons on third-party websites or otherwise offer them in exchange for compensation.
2. Promotional Programs
2.1 How the Promotional Programs Work
Pure Body Awareness offers premium instructors several optional marketing programs (“Promotional Programs”), which you can opt into through the Promotional Agreements page of your instructor settings or by a written agreement (including by email) between you and Pure Body Awareness for certain programs as detailed below. The specific programs offered may change from time to time. In connection with the Promotional Programs, your content may also be priced higher at Pure Body Awareness’s discretion.
Not all deals or programs will be available in all geographic territories or for all Pure Body Awareness content. Pure Body Awareness has sole discretion to determine which content to offer as part of the Promotional Programs and to set or update sale prices. Pure Body Awareness may remove any of your content from the Promotional Programs at any time and in its sole discretion, with or without notice to you.
The discount amounts referenced below are approximate, as the actual discount may be slightly higher due to rounding and currency conversion. Pure Body Awareness does not guarantee any minimum level of success in connection with the Promotional Programs.
2.2 Pure Body Awareness Deals Program
The Pure Body Awareness Deals Program helps increase your revenue potential by enabling Pure Body Awareness to offer your content at a compelling discount and list price as part of targeted promotions. The Deals Program allows Pure Body Awareness to offer your content to students at a discounted price or list price no lower than $10 USD (or local equivalent), except in Australia, Brazil, India, Indonesia, Mexico, South Africa, and Turkey and sales to Pure Body Awareness’s resellers or distributors, where the price may be lower.
Where a sale to a Pure Body Awareness reseller or distributor results in a sale price for your content that is lower than permitted by this Policy, Pure Body Awareness will calculate your revenue share based on a Gross Amount permitted by this Policy.
Deals Program deals may be promoted through the Services, communications to users, or third-party platforms, and the duration of the deals may vary.
By participating in the Deals Program, you agree that your revenue share will be 50% of the Net Amount of the sale less any applicable deductions, such as student refunds.
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2.3 Marketing Boost Program
Pure Body Awareness has a network of tens of thousands of affiliate sites and established relationships with third-party deal sites. We also have a team dedicated to placing paid digital advertisements. Through the Marketing Boost Program, Pure Body Awareness leverages these partner sites and advertising platforms to promote your content to new students at no up-front cost to you.
By participating in the Marketing Boost Program, you authorize Pure Body Awareness to employ third parties, including resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms (together, “Advertising”) to promote your content. In calculating your revenue, Pure Body Awareness may deduct fees associated with this Advertising from the Gross Amount before calculating the Net Amount of the sale.
By participating in the Marketing Boost Program, you agree that your revenue share will be 25% of the Net Amount of the sale less any applicable deductions, such as student refunds.
2.4 Subscription Programs
Premium instructors may also participate in our subscription programs, including the Pure Body Awareness for Business (“PFB”) Program and Pure Body Awareness Subscription Program, subject to the additional terms in this section.
Because the collections associated with these programs are subscription-based, we may select sale prices and offer free trials at our discretion. While your content is included in a collection, you may not unpublish that content or make it private.
If you’ve agreed to provide any Assessment Questions (as defined below), you are also subject to the additional terms in Section 2.4.5 (Assessments).
2.4.1 Pure Body Awareness for Business Program
The Pure Body Awareness for Business collection (“Pure Body Awareness for Business Collection”) is a subscription-based content collection available to business customers, including private, public, non-profit, and government organizations (“PFB Customers”), featuring a select group of Pure Body Awareness’s top content for professional and personal development skills.
By opting into the Pure Body Awareness for Business Program, you agree to make all of your content eligible for inclusion in the Pure Body Awareness for Business Collection. We may elect whether to select your content for inclusion in the Pure Body Awareness for Business Collection, and may change the selection from time to time at our sole discretion.
22.214.171.124 PFB Revenue Share
By participating in the Pure Body Awareness for Business Program, you agree that your revenue share will be calculated as follows:
- Each month, Pure Body Awareness will calculate the total monthly subscription fees paid to Pure Body Awareness on behalf of all current PFB Customers minus any applicable Transaction Taxes, foreign exchange fees, and third-party payment processing fees.
- Twenty-five percent (25%) of this amount will be allocated to instructors participating in the Pure Body Awareness for Business Program ("PFB Instructor Revenue Pool") as further described below.
- Each month, Pure Body Awareness will calculate the total minutes of content (including course videos, quizzes, practice tests, and coding exercises) in the Pure Body Awareness for Business Collection consumed by all current PFB Customers ("Total PFB Minutes Consumed"). For clarity, the Total PFB Minutes Consumed does not include any consumption by access through a free trial.
- Each month, Pure Body Awareness will also calculate how many of the Total PFB Minutes Consumed are attributable to each of your items of content that were included in the Pure Body Awareness for Business Collection that month ("Your PFB Content Minutes").
- To calculate your revenue share each month, Pure Body Awareness will divide the PFB Instructor Revenue Pool by the Total PFB Minutes Consumed, then multiply that per-minute amount by Your PFB Content Minutes.
As Pure Body Awareness makes additional types of content (such as assessments and labs) available through the Pure Body Awareness for Business Collection, we may update subsection (3) above to specify additional types of content that will be included in the calculations to determine the Total PFB Minutes Consumed and Your PFB Content Minutes.
2.4.2 Udemy Subscription Program
The Pure Body Awareness Subscription collection (“Pure Body Awareness Subscription Collection”) is a subscription-based collection of content and functionality available to individual and business customers (“Pure Body Awareness Subscription Customers”).
By participating in the Pure Body Awareness Subscription Program, you agree to make your content, as mutually agreed between us in writing (including by email), available for inclusion in both the Pure Body Awareness Subscription Collection and the Pure Body Awareness for Business Collection, as described in Section 2.4.1 (Pure Body Awareness for Business Program). For content accessed through the Pure Body Awareness for Business Collection, your revenue share will be calculated in accordance with Section 126.96.36.199 (PFB Revenue Share).
We may elect whether to select your content for inclusion in the Pure Body Awareness Subscription Collection, and may change that selection from time to time and at our sole discretion.
188.8.131.52 Pure Body Awareness Subscription Revenue Share
For any of your content included in the Pure Body Awareness Subscription Collection and accessed by Pure Body Awareness Subscription Customers who are not PFB Customers accessing through the Pure Body Awareness for Business Collection, your revenue share will be calculated as follows:
- Each month, Pure Body Awareness will calculate the total subscription fees paid by all current Pure Body Awareness Subscription Customers (other than PFB Customers) for that month, prorated for partial months and minus any applicable Transaction Taxes, refunds, foreign exchange fees, and third-party payment processing fees.
- Twenty-five percent (25%) of this amount will be allocated to instructors participating in the Pure Body Awareness Subscription Collection (“Pure Body Awareness Subscription Instructor Revenue Pool”) as further described below.
- Each month, Pure Body Awareness will calculate the total minutes of content (including course videos, quizzes, practice tests, and coding exercises) in the Pure Body Awareness Subscription Collection consumed by all current Udemy Subscription Customers (other than as accessed through the Udemy for Business Collection) (“Total Pure Body Awareness Subscription Minutes Consumed”).
- Each month, Pure Body Awareness will also calculate how many of the Total Pure Body Awareness Subscription Minutes Consumed are attributable to each of your items of content that were included in the Pure Body Awareness Subscription Collection that month (“Your Pure Body Awareness Subscription Content Minutes”).
- To calculate your revenue share each month, Pure Body Awareness will divide the Pure Body Awareness Subscription Instructor Revenue Pool by the Total Pure Body Awareness Subscription Minutes Consumed, then multiply that per-minute amount by Your Pure Body Awareness Subscription Content Minutes.
As Pure Body Awareness makes additional types of content (such as assessments and labs) available through the Pure Body Awareness Subscription Collection, we may update subsection (3) above to specify additional types of content that will be included in the calculations to determine the Total Pure Body Awareness Subscription Minutes Consumed and Your Pure Body Awareness Subscription Content Minutes.
2.4.3 Subscription Programs Exclusivity
Except as otherwise provided for Assessment Questions below, once your content is included in the Pure Body Awareness for Business Collection or Pure Body Awareness Subscription Collection, you agree that you will not begin to offer any on-demand content, such as pre-recorded courses, that directly compete with or injure the sales of that content on any site or platform other than your own. For clarity, this doesn’t include literary works or in-person instructional trainings. If you choose to terminate your participation in the Pure Body Awareness for Business Program or Pure Body Awareness Subscription Program, you agree that this exclusivity provision will remain in place until we remove your content from the relevant collection.
2.4.4 Subscription Programs Termination
You can choose to terminate your participation in the Pure Body Awareness for Business Program or Pure Body Awareness Subscription Program at any time by emailing firstname.lastname@example.org. Pure Body Awareness will remove your content from the Pure Body Awareness for Business Collection or Pure Body Awareness Subscription Collection, as applicable, within 12 months of termination and will continue to pay you revenue share based on the then-current rates until your content is removed from the relevant collection.
Once your content is removed for any reason from the Pure Body Awareness for Business Collection or Pure Body Awareness Subscription Collection, PFB Customers or Pure Body Awareness Subscription Customers, as applicable, will no longer be able to enroll in your content and you will no longer earn revenue share from the relevant program. However, any Udemy Subscription Customer or student of a PFB Customer who previously enrolled in your content will continue to be able to access that content for as long as they remain subscribed to the relevant collection.
Pure Body Awareness’s assessments (“Assessments”) consist of question and answer pairs with explanations (each, an “Assessment Question”) to measure proficiency and learning across certain topics, skills, domains, or occupations. Assessments are made available by Udemy as a standalone content type, separate from courses. For clarity, practice tests, quizzes, coding exercises, and labs are not considered Assessments or Assessment Questions.
By providing an Assessment Question, as mutually agreed between us in writing (including by email), you agree to the additional terms in this section.
We may elect whether to select your Assessment Question for inclusion on purebodyawareness.com, in the Pure Body Awareness for Business Collection, and/or in the Pure Body Awareness Subscription Collection, and may change that selection from time to time and at our sole discretion. If your Assessment Question is included in the Pure Body Awareness for Business Collection or Pure Body Awareness Subscription Collection, then you will be subject to the terms relevant to that collection above.
You agree that your Assessment Questions will comply with all criteria as may be agreed in writing (including by email) by you and Pure Body Awareness, such as the topic, format, domain, difficulty level, and quantity.
184.108.40.206 Assessments Exclusivity
By providing your Assessment Question, you grant Pure Body Awareness an exclusive license to use, copy, reproduce, distribute, display, publish, and prepare derivative works of your Assessment Question. You agree that you will not make your Assessment Question available to others (including through your own site or platform) or license or permit any third party to do so.
220.127.116.11 Assessments Termination
You may choose to terminate your license of an Assessment Question at any time by emailing email@example.com. Pure Body Awareness will remove your Assessment Question from the Services within 12 months of termination and will continue to pay you any relevant revenue share based on the then-current rates until your Assessment Question is removed from the relevant portion of the Services.
2.5 Opting Out
Except as otherwise stated above, you can opt out of the Promotional Programs at any time. However, your content will remain subject to any applicable sales, campaigns, or promotions that are already active at the time you opt out, until those sales, campaigns, or promotions are completed.
We may update this Policy from time to time to clarify our practices or to reflect new or different practices. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
4. How to Contact Us
If you have any questions about this Policy, please contact our Support Team.