Terms & Conditions

Terms of Use

Welcome to determined2.com (“D2” or “Service” or “Website”). D2 is a social networking Service that provides a platform for sharing user generated content, through the mechanism of a links directory and other functionality, in order to assist its members in achieving personally determined life-goals and resolutions.

The D2 Website includes all pages under the Website's domain uniform resource locator (URL) and any related resources. Any access or use of this Website constitutes acceptance of the terms contained herein. Therefore, you are encouraged to read this agreement carefully before registering for D2’s social networking Service. The D2 Terms of Use agreement (Agreement), contained herein, constitutes a binding and enforceable Agreement between you and D2. By using this Website you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the D2 Website.

D2’s social networking Service is accessible at the following URL www.determined2.com. D2 reserves the right to change or revise this Agreement at any time by posting a notification of changes on D2’s homepage. No notification of such revisions will be made known by any other mechanism. D2 will notify you of revision dates by posting the last revised date preceding the first paragraph of this Agreement. The revised Agreement will take effect immediately after it has been posted on the D2 Website. Your continued use of this Website after the posting of a notification will signify your acceptance of any such changes or revisions to this Agreement.

 

Eligibility

D2 requires, and enforces, strict compliance with its eligibility (Eligibility) requirements, as contained herein. The D2 Service is not intended for individuals under the age of 13, with or without parental support. This Service is intended solely for use by those who are 13 years of age or older. Registration on this Service by any other person is strictly prohibited, unauthorized, unlicensed, void and in violation of this Agreement. By using or accessing this Service you assert and warrant that you are in fact 13 years of age or older and that you agree to all of the terms of this Agreement.

Account Registration

D2’s Service is provided for the benefit of its users. However, such benefit is dependent on D2 capturing accurate and reliable data for usage within D2 profiles and elsewhere. Therefore, in consideration for your use of this Service, D2 requires, and you agree, that you will provide the following: accurate, current, and reliable data when completing D2 registration forms and otherwise establishing your D2 Account. You further agree that such data must be kept current and revised in a timely manner when events occur that alter its validity. You also agree that you are solely responsible for the data and any activities related to your Account.

D2 is committed to maintaining the integrity of its Service. As part of the D2 registration process, you are required to establish credentials that are used for the purpose of identification and security. You will be required to establish a D2 “userid” and “password,” and may be required to establish additional credentials. D2 requires, and you agree, that you will maintain the security of said credentials.

User Content

You retain all ownership rights to content which you are a lawful owner or licensee of (“User Content”) and which you make available on the D2 Service via whatever mechanism that D2 provides, excluding such items defined as Transmissions (see below) and subject to any other rights granted to D2 under this Agreement. However, by submitting User Content to D2, you grant D2 a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, publicly display, excerpt (in whole or in part) and distribute your User Content for any purpose, commercial or otherwise. In addition, the license you grant includes rights that allow D2 to create derivative works, or incorporate your User Content into other works, as D2 sees fit. The license expires when you remove your User Content from D2’s Service. However, D2 requires, and you acknowledge and agree, that D2 may retain archived copies of such content.

You represent, warrant, and guarantee that you have the full right, ability, and authority to make available to D2’s Service, by whatever mechanism D2 provides, your User Content. You further represent, warrant, and guarantee that by making available any User Content on D2’s Service, you are not violating any obligation owed by you to any third party, including without limitation obligations of confidentiality, privacy, attribution or any intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.

Limited License

All content on the Website and available via D2’s Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the proprietary property of D2, its users or its licensors with all rights reserved.

If you meet the requirements of Eligibility, and have properly gained access to the D2 Service as provided for in this Agreement, then you are granted a limited license to use and access this Website and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.

As pertaining to all the Information, except for User Content, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation. Any use of the Information, other than as set forth herein, is strictly prohibited.

This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on this Website.

Absent prior written consent from D2, you may not copy or imitate any elements of this Website, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from D2, you may not use framing, metatags, or hidden text techniques in association with the D2 logo, trademark or other copyrighted or proprietary information.

Unless expressly stated in this Agreement, nothing herein shall be construed as conferring any license to intellectual property rights, in any form and by any mechanism. The D2 limited license is revocable at any time without notice, with or without cause.

Restricted Rights

D2 grants you only RESTRICTED RIGHTS regarding use of the Information and Website. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) (ii) of The Rights in Technical Data and Commercial Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is determined2, LLC, 1769-215 Jamestown Rd., P-2 Box 12, Williamsburg, VA 23185.

Transmissions

You acknowledge that transmissions by you to and from this Website (“Transmissions”) are non-confidential, and that others may read and/or intercept such Transmissions. Transmissions may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about this Website or Service provided by you to D2. D2 has the right, but not the obligation, at its sole discretion, to review any Transmissions using this Website and to edit or delete any Transmissions that violate any part of this Agreement. You hereby consent to D2’s collection and use of such Transmissions in accordance with D2's then current Privacy Policy and acknowledge that submitting Transmissions to this Website creates no financial or fiduciary relationship between you and D2.

By using this Website, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to D2. Accordingly, D2 shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all "moral rights" in such Transmissions.

Indemnification

You agree to defend, indemnify, and hold D2, its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this Service, including but not limited to: (1) your submission to this Website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

Limitations of Liability

IN NO EVENT SHALL D2 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF D2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, D2'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO D2 IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.

DISCLAIMER

YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT D2 MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. D2 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING, OR ATTEMPTING TO USE, THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) D2 DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND (3) D2 DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY RELATED SERVERS ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT

D2 MAY PERIODICALLY CHANGE ANY CONTENT/INFORMATION ON THIS WEBSITE. D2 RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY D2'S ENDORSEMENT OR SPONSORSHIP THEREOF.

Links

This Website includes hypertext links to other websites over which D2 has no control. D2 makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against D2 regarding such websites and must adhere to the usage and privacy policies governing such sites. D2’s usage of links does not imply our endorsement, or sponsorship, of any such websites.

Copyright

D2 respects the intellectual property rights of others and requires D2 users to do likewise. Therefore, D2 prohibits its users from making available, in whatever form and by whatever mechanism, content on this Service or Website that infringes upon any party’s intellectual property rights. D2 has the right to terminate the account of any infringing user and will take steps to do so immediately upon proper notification and in compliance with applicable law.

Specifically, D2 will strictly comply with the requirements of the Digital Millenium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on this Website then you may send a written notification of such infringement to our Designated Agent as set forth below.

Copyright Infringement Notification

D2 has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to this Website. You must submit all such notifications, in a manner consistent with the DMCA, to D2’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from this Website, you must send a counter notification to D2’s Designated Agent in a similar DMCA compliant manner.

 

Send all DMCA compliant notifications to:

Website Content Provider: determined2, LLC

Designated Agent: Carlos Alvarado, Managing Member

Address: 1769-215 Jamestown Rd., Williamsburg, VA 23185

Phone: 757-345-5309

Fax: 757-345-5309

Email: privacy_breach@determined2.com

Trademark

All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, D2, determined2.com, and all other colors, graphics, logos, sounds, images, icons and buttons displayed on this Website are trademarks of D2 and/or its affiliates. Absent prior written consent from D2, you may not copy, imitate, or use any portion of these marks.

User Conduct Restrictions: Impermissible Use and Activities

You agree not to use this Service, Website or D2’s servers or other property (Resources), to transmit data or code to or from said Resources which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) is vulgar, profane, obscene, offensive, racially/ethnically objectionable, or hateful; (4) is pornographic, sexually explicit, or indecent; (5) contains false or misleading information; (6) inhibits another user from use or enjoyment of this Service; (7) is defamatory, libelous or otherwise unlawful; (8) contains a virus or surreptitious code; (9) contains any type of commercial component or advertising; (11) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.

Furthermore you agree not to use these Resources to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one D2 account or register an account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) solicit personal information from minors or solicit personal information from any user for criminal or commercial purposes; (6) intimidate, harass, stalk or “bully” another user; or (7) engage in any behavior likely to cause harm to D2’s Resources, or to cause harm to D2 users or to the public at large.

Data Collection

Your Transmissions are subject to D2’s Privacy Policy. By using or accessing this Service you agree to review the D2 Privacy Policy and to be bound by its terms and conditions. From time to time D2 may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of this Service, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes.

D2 does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that D2 has inadvertently collected such information, please contact D2 at privacy_breach@determined2.com. D2 will take immediate steps to remove such information from our Website, databases and any other data stores under D2 control.

Site Monitoring

You acknowledge that you are solely responsible for all of your activities in relationship to this Service, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold D2 harmless from any liability arising from your use of this Service. While D2 respects your privacy, your hereby acknowledge that this agreement creates no reasonable expectation of privacy in any Transmissions. D2 may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (SPAM). You may not use this Service in association with such SPAM, any computer viruses, or any other potentially damaging computer code. D2 will prosecute violations to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Service as well as loss of profits, damages, court costs, and attorney fees associated with the repair of any damaged property.

Governing Law

This is the entire Agreement between you and D2 relating to your use of this Service. The laws of the State of Virginia, United States of America, shall govern this agreement and the D2 Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the D2 Privacy Policy, other than those disputes or claims subject to arbitration as enumerated below, shall be filed only in state or federal court located in the State of Virginia, in a venue most proximate to Williamsburg, VA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

Arbitration

Any claim or controversy arising among or between the parties hereto pertaining to this Service, or any claim or controversy arising out of or with respect to any matter contained in this Agreement, or any differences as to the interpretation or performance of any of the provisions of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated D2’s User Conduct Restrictions, shall be settled by arbitration in the State of Virginia, and such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.

Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and D2 jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights or wherein the claim or controversy arises out of your violation of D2’s User Conduct Restrictions. If either of the aforementioned potentialities occurs then it is agreed that injunctive relief or other appropriate relief may be sought.

In any arbitration involving this Agreement, the arbitrators shall not make any award which will alter, change, cancel or rescind any provision of this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than three (3) years from the date such claim or controversy arose, or such claim shall be deemed to have been waived. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.

Termination

Either you or D2 may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Service or Website. D2 may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to this Service. Should D2 decide to terminate this Agreement it will delete your D2 profile and any content you have posted to this Service or Website.

Severability

If any portion of this Agreement and of the D2 Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.