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Terms of Use
This website is owned and operated by
Dynamic Destiny Partnerships, LLC (“D2P”). These Terms
of Use apply and govern your use of the D2P Website www.d2partners.com
(the "Site"),
Acceptance of Terms
By accessing this Site, you (the "User") acknowledge
that you have read and agree to be bound by the terms and conditions
described below. If you do not agree to the terms discussed here,
you should exit this Site now. D2P may revise these Terms of Use
at any time without notice to you, and your continued use of the
system constitutes the acceptance of the revised Terms of Use.
Use of Website Information
All rights in and to the Documents not expressly granted herein
are reserved. No commercial use of any of the Documents may be made,
and no Documents may be sold, distributed, displayed, or modified
without the express written consent of D2P. The works of authorship
contained in the Site and in the domain "www.d2partners.com,"
including but not limited to all design, text and images, are owned,
except as otherwise expressly stated, by D2P, and may not be copied,
reproduced, transmitted, displayed, performed, distributed, rented,
sublicensed, altered, stored for subsequent use or otherwise used
in whole or in part in any manner without the prior written consent
of D2P. All rights are reserved by Dynamic Destiny Partnerships,
LLC.
Copyright Policy
All content and information contained on the Site is the sole property
of Dynamic Destiny Partnerships, LLC and is copyright protected.
(Copyright Notice: "© 2004 Dynamic Destiny Partnerships,
LLC. All Rights Reserved")
Permission to use Content (as defined below), including related
graphics, available from this Site is granted, provided that (1)
the above copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of Content
and related graphics available from this Site is for informational
and non-commercial or personal use only, (3) no Content or related
graphics available from this Site are modified in any way, and (4)
no graphics available from this Site are used separately from accompanying
text. Unless your use constitutes "fair use" under copyright
law, you may not use, copy, print, display, download, upload, perform,
reproduce, publish, post, transmit, distribute or license any information
from the Site, in whole or in part, without the express written
authorization of D2P.
To the extent that User intends to use any Content for commercial
use or for revenue generation of any kind, User shall obtain express
written consent fromD2P at denise@d2partners.com.
"Content" as used in this policy refers to the contents
of this Site and includes but is not limited to text, graphics,
illustrations, photographs, video, sound, software and all other
such materials that comprise any portion of this Site.
D2P AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE CONTENT AND RELATED GRAPHICS
PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH CONTENT AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. D2P AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL D2P AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE. THE CONTENT
AND RELATED GRAPHICS PUBLISHED ON THIS SITE MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. D2P AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME. NOTE THAT ANY PRODUCT, PROCESS OR TECHNOLOGY
DESCRIBED IN ANY OF THE CONTENT ON THIS SITE MAY BE THE SUBJECT
OF OTHER INTELLECTUAL PROPERTY RIGHTS RESERVED BY D2P AND IS NOT
LICENSED HEREUNDER.
Copyright Infringement: D2P
may, in its sole discretion, terminate your access to or license
to use the nonpublic parts of this Site if D2P determines that you
are involved in any infringing activity, regardless of whether the
material or activity is ultimately determined to be infringing.
D2P accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials.
Trademarks
Registered and/or pending trademarks of D2P are used throughout
this Site, and use of the trademark symbols may be limited to only
one or two prominent usages per page. You understand and agree that
such notice is sufficient. All such trademarks and service marks
are the sole property of D2P. You may not use any of these trademarks
and service marks without the express written permission of D2P.
These trademarks and service marks include but are not limited to
the following: Power Partners™, Power of Partnerships™,
Power Partnerships™, ASK™, GROW™ and RESULTS™.
All other trademarks used in the Content are the properties of their
respective owners and are used for identification purposes only.
If you have any question as to the ownership of any trademark, you
are responsible for contacting D2P. (Contact information is provided
at the end of this agreement.)
Passwords and Security
You may be provided with one or more passwords to access the Site.
You are responsible for maintaining the confidentiality of any password(s)
you are given to access the Site, and are fully responsible for
all activities that occur under your password(s). You agree to notify
D2P immediately of any unauthorized use of your password(s).
Privacy
D2P is concerned about the security of any personal information
we have collected from you and has taken reasonable steps to prevent
unauthorized access to that information. It is the goal of D2P to
balance the benefits of e-commerce with the right of individuals
to prevent misuse of personal information. However, D2P will not
be held liable for any unauthorized access to your personal information.
D2P has created this privacy policy in order to demonstrate its
firm commitment to privacy.
Collecting Information: Generally,
D2P does not collect any personally identifiable information from
individuals unless specifically provided by that individual. For
example, when you request information regarding the products, promotions
or warranties of D2P, you voluntarily provide your name, company,
contact address, e-mail address and type of software, services,
products and supporting equipment that you own or use.
Occasionally you may be asked to provide additional information
regarding such things as your personal or professional interests,
demographics, experience with D2P's products and contact preferences
so that D2P may better understand your needs and continue to its
products and services to you. D2P may also collect and store statistics
and other information about the on-line activities of its visitors
on an aggregate basis. D2P does not intend to obtain any personal
information from minors. If you are under the age of 18, please
do not provide D2P with any personal information.
Using Information: Although
D2P has the utmost respect for your privacy, any communication or
material that you transmit to this Site by electronic mail or otherwise,
is and will be treated as non-confidential and nonproprietary. As
a general rule, D2P will not sell, rent, lease or license your personally
identifiable information and will not disclose your personally identifiable
information to others except when D2P has your permission or under
special circumstances, such as when D2P believes in good faith that
the law requires it. D2P uses your personal information primarily
to tailor its solutions to your needs, to track compliance with
the Terms of Use, for research purposes or for marketing and promotional
purposes. D2P may also share such information with its advertisers,
business partners or other affiliates. D2P may publish or use information
about activity in the Site using transaction data that has been
combined with other transaction data and that does not identify
any User. D2P will employ whatever statistically sound methods it
deems best to accomplish this result before reporting it on an aggregated
basis.
Contacting You: Occasionally,
D2P may send you email communications to provide information or
offers that it believes that you will find useful. You can opt not
to receive future emails from D2P by changing your account preferences
at any time. However, to the extent that corrected or deleted information
is also stored in other databases, D2P cannot always ensure that
such corrections or deletions will immediately reach the other databases.
Please be aware that D2P may occasionally contact you for administrative
purposes even if you unsubscribe from its mail list.
Cookies: This Site may employ
cookies to better serve you. Any affiliate or partner networks that
link to this Site may also use their own cookies. Cookies are pieces
of information that a Site transfers to an individual's hard drive
for record keeping purposes. Cookies may save information such as
your page preferences. By saving this information, cookies make
your Web-surfing easier as well as giving D2P data regarding which
areas of the Site are popular and which are not. This data may be
used to effectively improve Site of D2P.
Most browsers are initially set to accept cookies. If you'd prefer,
you can set your browser to refuse cookies or to alert you when
cookies are being sent. However, it is possible that parts of this
Site may not function properly if you do so. Please keep in mind
that whenever you voluntarily disclose personal information online,
that information can be collected and used by others. In short,
if you post personal information online that is accessible to the
public, you may receive unsolicited messages from other parties
in return.
Ultimately, you are solely responsible for maintaining the secrecy
of your personally identifying information, your passwords and/or
any account information. Please be careful and responsible whenever
you are online. In some cases D2P may track or collect information
about your use of its Site by the numeric address assigned to the
computer you are using (your IP address) or by the URLs that you
come from or leave to. These methods also allow D2P to resolve server
problems or administer this Site. Generally, D2P does not associate
this information with any other personally identifiable information
that you may have provided to D2P.
Third Party Links: D2P provides
third-party links for your convenience only. These third party sites
may send their own cookies to you, or otherwise collect data or
solicit personal information from you. You follow the third-party
links posted on this Site at your own risk. Those third party sites
may not follow the same privacy policies as D2P. This Privacy Policy
does not cover the information practices of any other Web Privacy
Policy posted on this Site or sites that are linked to www.d2partners.com.
D2P does not accept any responsibility or liability for privacy
or any other issues associated with any sites that you may link
to through this Site.
Security: Keeping your personally
identifiable information private is important to D2P. Whenever D2P
handles personally identifiable information as described above,
regardless of where this occurs, D2P uses industry standard efforts
to safeguard the confidentiality of your personally identifiable
information and takes steps to ensure that your information is treated
securely and in accordance with the relevant Terms of Use.
Unfortunately, no data transmission over the Internet can be guaranteed
to be 100% secure. As a result, while D2P strives to protect the
confidentiality of your personally identifiable information, D2P
cannot ensure or warrant the security of any information you transmit
to D2P or from this Site, and you do so at your own risk. Once we
receive your transmission, we make reasonable efforts consistent
with those practices in the on-line industry to ensure its security
on our systems. Finally, your careful use and protection of your
passwords and account information will assist in making your Internet
experience safe and secure.
Limits on Abilities of D2P:
Although your privacy is very important to D2P, due to the existing
legal and technical environment, D2P cannot ensure that your personally
identifiable information will not be disclosed to third parties
in ways not described in this policy. For example, D2P may be forced
to disclose information to the government or third parties under
certain circumstances, or third parties may unlawfully intercept
or access transmissions or private communications. Additionally,
D2P can (and you authorize D2P to) disclose any information about
you to private entities, law enforcement or other government officials
as D2P, in our sole discretion, believe necessary or appropriate
to address or resolve inquiries or problems.
Disclaimer
While D2P attempts to provide accurate information on this Site,
it assumes no responsibility for accuracy. D2P may change or update
the content or information on the Site at any time without notice
to you.
While reasonable effort is made with regard to downloadable files,
you understand that D2P cannot and does not guarantee or warrant
that the files available for downloading through this Site are free
from viruses, worms or any other code that can manifest destructive
capabilities or properties. You are fully responsible for implementing
procedures to protect your data and for the restoration of any lost
data. You assume total responsibility for your use of this Site
and the Internet.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS
PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" BASIS.
D2P EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
D2P MAKES NO WARRANTY THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS;
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR
ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE;
OR (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
D2P SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS OR INFORMATION FROM THIS SITE.
The information, products, and services included on or provided
through the Site may include inaccuracies or typographical errors.
Changes are periodically added to the information herein. D2P may
make improvements and/or changes in the Site at any time. D2P MAKES
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS CONTAINED HEREIN AND
AGREE TO BE BOUND BY THEM. YOU HAVE EVALUATED THE DESIREABILITY
OF USING THE SITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE,
OR STATEMENT OTHER THAN AS SET FORTH HEREIN.
Limitation of Liability
IN NO EVENT SHALL D2P BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING
OUT OF THE USE -- OR THE INABILITY TO USE -- THE MATERIAL ON THIS
SITE. THIS INCLUDES, WITHOUT LIMITATION, THE LOSS OF PROFIT, REVENUE,
DATA OR USE, INCURRED BY YOU OR A THIRD PARTY, EVEN IF D2P WAS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU, THE USER, ARE DISSATISFIED WITH ANY PORTION OF THE SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
AGAINST D2P IS TO DISCONTINUE USING THE SITE.
Indemnity
You agree to defend, indemnify and hold harmless D2P, its officers,
directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including reasonable attorneys
fees and costs, arising out of or in any way connected with your
access to or use of the Site in connection with any claims of any
nature related to your use of or access to the Site, including without
limitation claims of damage to property, personal injury, product
liability, copyright, trademark, patent or trade secret infringement,
libel, defamation, invasion of privacy, fraud, or breach of confidentiality,
arising out of the use of the Site.
Termination of Use
You agree that D2P may, in its sole and arbitrary discretion, at
any time terminate your access to the Site and any account(s) you
may have in connection with the Site. Access to the Site may be
monitored by D2P.
Export of Information
The United States Export Controls laws prohibit the export of certain
technical data and software to certain territories. No content from
this Site may be downloaded or otherwise exported in violation of
United States law.
Jurisdiction and Choice of Law
You agree that this agreement and all claims or issues regarding
this Site, shall be governed according to U.S. Federal law and the
laws of the State of Maryland. Any legal action or proceeding concerning
these Terms or this Site shall be brought within one (1) year after
the claim or cause of action arises and must be brought in a federal
or state court in the State of Maryland. You agree to submit to
the jurisdiction of and agree that venue is proper in these courts
in any such legal action or proceeding.
Entire Agreement
These Terms of Use constitute the entire agreement between Dynamic
Destiny Partnerships, LLC and you with respect to your use of the
D2P Site. If for any reason a court of competent jurisdiction finds
any provision herein, or any portion thereof, to be unenforceable,
the provision shall be enforced to the maximum extent permissible
so as to effect the intent of these Terms of Use, and the remainder
of these Terms of Use shall continue in full force and effect.
Contact Information
If you have any questions regarding these Terms of Use or if you
have any other questions regarding the Site, please contact D2P
at info@d2partners.com.
©2004 Dynamic Destiny Partnerships, LLC. All rights reserved.
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