Website Terms of Use

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Effective Date:  January 25, 2018

These Website Terms of Use (the “Terms of Use”) govern your access to and use of www.projectdestined.com and its subdomains (collectively, the “Site”), including all content provided on or through the Site by Project Destined, Inc. (“Project Destined”)

Please read these Terms of Use carefully.  By accessing or using the Site, you acknowledge that you have read and agree to be bound by these Terms of Use.   If you do not agree to these Terms of Use, do not use the Site.

Modifications

Project Destined reserves the right, in its sole discretion, to modify and update these Terms of Use, as well as any aspect of the Site at any time without prior notice.  Your continued access to or use of the Site will constitute Your acceptance of any modifications and updates made by Project Destined.   

Content

The Site and all intellectual property associated with the Site (collectively, the “Content”) are the sole property of Project Destined or third parties, and are protected by copyright and other laws, both in the United States and in other countries.  You may not reproduce, decompile, disassemble, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Content, except as expressly permitted in these Terms of Use.  Project Destined grants You a limited, non-transferable, non-sublicensable, revocable license to access and use the Content only in the manner presented by Project Destined, provided that You keep intact any copyright or other proprietary notices displayed therein.  Except for this limited license, Project Destined does not convey any interest in or to the Content by permitting You to access and use the Site.  Any unauthorized use of the Content shall be grounds for termination of Your access to the Site.  All rights not expressly granted herein are reserved by Project Destined and its licensors.

Use by Minors

If You are under the age of eighteen years old (or such other age of majority in your State), then You must make your parent or guardian aware that you are using this Site.  Your use of this Site is the responsibility of your parent or guardian and may affect their legal rights and obligations.

Privacy Notice

Please review our Privacy Notice , which applies to personal information collected from or provided by You on the Site.   

Requirements

Use of the Site requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that meeting these requirements, which may change from time to time, is Your responsibility. 

Restrictions

The Site may not be used for Your commercial or business-related activities or to solicit others. You agree not to knowingly or recklessly introduce a virus, Trojan horse, worm, logic bomb or other harmful component, or otherwise tamper with, impair or damage the Site or connected network, or interfere with any person’s use or enjoyment of the Site. You agree not to access, monitor or copy any element of the Site using a robot, spider, scraper or other automated means or manual process without Project Destined’s express written permission. You must not attack the Site via a denial-of-service attack.

Project Destined shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Site or to your downloading of any material posted on it, or any website linked to it.

You may not access or use the Site in violation of United States export control and/or economic sanctions requirements. By acquiring Content through the Site, You represent and warrant that Your access to and use of the Site will comply with applicable requirements.

Without limiting Project Destined’s other rights or remedies, Project Destined reserves the right to take legal proceedings against You for reimbursement of all costs or losses (on an indemnity basis) resulting from Your breach of this “Restrictions” clause, and to disclose such information to law enforcement agencies as Project Destined reasonably believes is necessary.

Links

This Site may include links to third party websites and resources (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to You, and do not constitute an endorsement by Project Destined of any content of such Third Party Sites. Different terms and conditions may apply to Your use of any Third Party Sites. Project Destined is not responsible for any losses, damages or other liabilities incurred as a result of Your use of any Third Party Sites. 

Third Party Features

Certain features or functionality on the Site may be operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Features”) may be subject to separate terms and conditions offered by such Third Party Providers. These Terms of Use do not apply to Your use of such Third Party Features. YOU ACKNOWLEDGE THAT PROJECT DESTINED IS NOT RESPONSIBLE OR OTHERWISE LIABLE TO YOU FOR THIRD PARTY FEATURES OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT PROJECT DESTINED.

Warranty Disclaimer

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND AS AVAILABLEBASIS. PROJECT DESTINED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING (I) THE SITE OR THE CONTENT AVAILABLE ON THE SITE; (II) ANY THIRD PARTY SITES OR THIRD PARTY FEATURES; (III) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE; (IV) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE OR ITS CONTENT; OR (V) THE ABSENCE OF ANY VIRUSES OR OTHER MALWARE IN THE SITE.  YOU ACKNOWLEDGE THAT ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND YOU ARE USING THE SITE AT YOUR OWN RISK.   

To the fullest extent permitted by law, PROJECT DESTINED and ITS licensors disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose, in connection with The site or its content.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS OF WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Limitation of Liability

to the FULLEST extent permitted by law, In no event shall PROJECT DESTINED or its licensors be liable for any DIRECT, indirect, incidental, Consequential, exemplary, punitive, special or any other damages, arising out of or related in any way to the site OR ITS content, whether based on warranty, contract, tort, delict or any other legal theory and whether or not PROJECT DESTINED has been advised of the possibility of such damages. 

Jurisdiction

The laws of the state of Delaware govern these Terms of Use and Your use of the Site, and You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any action arising out of or relating to these Terms of Use or Your use of this Site. Project Destined recognizes that it is possible for You to obtain access to this Site from any jurisdiction in the world, but Project Destined has no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Delaware and of the United States. If any material on this Site, or Your use of the Site, is contrary to the laws of the place where You are when You access the Site, you are not permitted to use this Site. You are responsible for informing Yourself of the laws of Your jurisdiction and complying with them.

Termination

If you are dissatisfied with any portion of the Site, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. These Terms of Use are effective until terminated by either party. Project Destined may terminate your access to the Site immediately without notice if You fail to comply with these Terms of Use.

General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect.  This is the entire agreement between You and Project Destined relating to the subject matter herein. When You use parts of the Site or send e-mails to Project Destined, you are communicating with Project Destined electronically. You consent to receiving communications from Project Destined electronically. Project Destined may communicate with You by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Project Destined provides to You electronically satisfy any legal requirement that such communication be in writing and are effective immediately.

Project Destined Terms of Service

Updated as of:  February 2, 2018

This is a legal agreement (“Agreement”) between you and Project Destined, Inc. (“Project Destined”). Project Destined offers certain online learning tools through a web-based browser on a subscription basis (the “Service”).   Please read this agreement carefully before using the service.  If you are under the age of eighteen years old (or such other age of majority in your State), then you must make your parent or guardian aware that you are using the Service.  Your use of the Service is the responsibility of your parent or guardian and may affect their legal rights and obligations.

By clicking “I Agree” or by ACCESSING OR USING THE SERVICE, YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND, AGREE AND CONSENT TO ALL TERMS CONTAINED HEREIN. You are responsible for the use of the service by your dependents.  If you do not agree to the terms of this Agreement, do not access or use the Service or click “I agree”.

Modifications

Project Destined may occasionally modify the terms of this Agreement.  When we make material changes to the Agreement, we will endeavor to notify you with a prominent notice.    Your continued use of the Service will constitute your acceptance of the amended Agreement.

Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the Service under the modified terms, you may cancel your subscription to the Service in accordance with this Agreement.

Termination

You may cancel your subscription to the Service at any time by contacting Project Destined at subscription@projectdestined.com. You must cancel your subscription to the Service at least thirty (30) days prior to the monthly renewal date in order to avoid the next billing, but you may continue to use the Service until the effective date of cancellation, subject to the terms of this Agreement. Project Destined will not refund any payments made by you for the Service, except as specifically provided in the next paragraph.  Cancellation by you of the Service in accordance with this Section will automatically terminate this Agreement, including your License to the Service.

Project Destined may terminate this Agreement at any time, in its sole discretion, upon provision of written notice of termination.  If Project Destined terminates this Agreement for any reason, and such termination was not due to your misuse of the Service or violation of the terms and conditions of this Agreement, Project Destined will refund any subscription fees paid by you for the period following termination. 

The provisions of the Agreement, which by their nature should survive the expiration or termination of the Agreement, shall continue in effect.

Privacy Notice

The terms of Project Destined’s Privacy Notice in connection with the Service are available here.

Use of Service

The Service, including all content and intellectual property rights contained therein (collectively, the “Content”), is the property of Project Destined and its licensors.  Project Destined grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content only in the manner permitted by Project Destined for your personal, non-commercial and educational use only (the “License”).  This License remains in effect until this Agreement is terminated by either you or Project Destined in accordance with this Agreement.  Any unauthorized use of the Content shall be grounds for termination of the License.  All rights not expressly granted herein are reserved by Project Destined and its licensors.

You agree to use the Service in compliance with our Acceptable Use Policy below and any other policies or rules provided to you by Project Destined, which are incorporated by reference into this Agreement. 

Project Destined endeavors to keep the Service operational.  However, temporary interruptions may occur due to certain technical difficulties or required maintenance.  Project Destined reserves the right, in its sole discretion, to change, modify or discontinue the Service from time to time, including any function or feature thereof, without prior notice to you. 

User Content

Users of the Service may post or upload content to the Service, which may include, for example, images, video, text, links and other types of content (collectively, “User Content”).  You represent that, with respect to any User Content you post on the Service, (1) you have the right to post such User Content, and (2) such User Content, or its use by Project Destined as contemplated herein, does not violate applicable law or the rights of others. You grant Project Destined a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, license to use, reproduce, perform, display, publish, modify and create derivative works from any of your User Content in connection with the Service through any medium, whether now known or hereafter created. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” to any User Content.  Project Destined may, but has no obligation to, monitor, review, or edit User Content. In all cases, Project Destined reserves the right to remove or disable access to any User Content for any or no reason.  Project Destined may take these actions without prior notification to you or any third party.

You are solely responsible for all User Content that you post. Project Destined is not responsible for User Content nor does it endorse any opinion contained in any User Content. 

If you provide feedback, ideas or suggestions to Project Destined in connection with the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Project Destined to use that Feedback without restriction and without payment to you. 

Acceptable Use Policy

You agree that you will not:

  • use the Service for commercial activities;
  • knowingly or recklessly introduce a virus, Trojan horse, worm, logic bomb or otherwise interfere with any other user’s use or enjoyment of the Service;
  • allow others to use your user credentials to access the Service or use any user credentials other than your own;
  • reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Content or any part thereof, unless permitted by applicable law;
  • copy, redistribute, reproduce, transfer, perform or make available to the public or any third party any part of the Content, or otherwise use the Service in a manner that is not expressly permitted by Project Destined;
  • use the Service in violation of United States export control laws;
  • circumvent any technology used by Project Destined to protect the Content, including any territorial restrictions; and
  • remove or alter any copyright, trademark, or other intellectual property notices contained in the Content.

You agree that you will not post any User Content to the Service that:

  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Project Destined or a third party;
  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Project Destined;
  • interferes with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or the computer systems, networks, usage rules, or any security components, authentication measures or any other protection measures employed by Project Destined in connection with the Service; or
  • violates the terms of this Agreement, as determined by Project Destined in its sole discretion.

You acknowledge and agree that your violation of any part of this Agreement, including this Acceptable Use Policy, may result in immediate suspension or termination of your Project Destined account. 

Automatic Billing

You agree that Project Destined is authorized to charge the monthly subscription fees to the credit card you provide. You may update your payment information by contacting Project Destined at subscription@projectdestined.com.

Service Fees

You agree to pay a monthly subscription fee for your use of the Service. Project Destined may change the subscription fees from time to time. If Project Destined increases the subscription fee, we will give you advance notice of these changes by e-mail and you authorize Project Destined to charge you the increased fee or charge, unless you cancel the Service in accordance with this Agreement.      

Project Destined may offer the Service at a reduced fee or at no charge in its sole discretion.  You can obtain information about Project Destined’s scholarship programs by contacting Project Destined at info@projectdestined.com.  If you receive a promotion code to use the Services at no charge or at a discounted rate (e.g., if Project Destined has granted you a scholarship), additional terms and conditions may apply to your subscription to the Service.

Contact Information

For purposes of communicating with Project Destined about the Service, you agree to provide an accurate and complete mailing address, e-mail address, and telephone number.  You consent to receiving communications from Project Destined electronically regarding the Service. 

Digital Millennium Copyright Act

Project Destined endeavors to observe the requirements of the Digital Millennium Copyright Act applicable to service providers. If you believe that any content provided through the Service infringes a copyright, you may contact our designated agent by sending an e-mail to: info@projectdestined.com.

You must include the following information in your complaint:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing with respect to the Service;
  • your e-mail address, mailing address and telephone number;
  • a statement by you that you have a good faith belief that the use of the material on the Service is not authorized by the copyright owner, the copyright owner’s agent or law;
  • a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.

Warranty Disclaimer

THE SERVICE, INCLUDING RELATED CONTENT AND SOFTWARE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PROJECT DESTINED DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY OR NON-INFRINGEMENT; OR THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE OR ERROR FREE.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO THE EXTENT PROHIBITED BY APPLICABLE LAW.  SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability

to the FULLEST extent permitted by applicable law, In no event shall PROJECT DESTINED or its licensors be liable to you for: (i) any indirect, incidental, exemplary, punitive, special or Consequential damages, including loss of use or loss of data, arising out of or related in any way to the SERVICE; or (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE AMOUNTS PAID BY YOU TO PROJECT dESTINED DURING THE PRIOR TWELVE MONTHS IN QUESTION, whether based on warranty, contract, tort, or any other legal theory and whether or not PROJECT DESTINED has been advised of the possibility of such damages.  Project Destined shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or any website linked to it.

Without limiting Project Destined’s other rights or remedies, Project Destined reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this Agreement, and to disclose such information to law enforcement agencies as Project Destined reasonably believes is necessary.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Project Destined and its officers, directors, employees, licensors and agents harmless from and against all liability, damages, losses, fines and expenses (including reasonable attorneys’ fees) arising out of: (1) your acts or omissions other than in accordance with this Agreement; (2) any User Content you post to the Service; or (3) your use of the Service.

Severability

If any provision of the Agreement shall be unlawful, void or for any reason or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

Waiver

No waiver of any provision of the Agreement by Project Destined shall be deemed a further or continuing waiver of such provision or any other provision. Project Destined’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

Governing Law/Venue 

The laws of the State of Delaware govern this Agreement and your use of the Service, and you irrevocably consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any action arising out of or relating to this Agreement or your use of the Service.   You may use the Service only within the United States.

Assignment

You may not assign this Agreement or any of your rights or obligations under this Agreement to a third party without our prior written consent.

Entire Agreement

Other than as agreed upon in writing between you and Project Destined or as provided in this Agreement, this Agreement constitutes the entire agreement between you and us in connection with your use of the Service and supersede any prior agreements in relation to the subject matter herein, whether written or oral.

Contact Us

If you have any questions, comments, or concerns about the Service or this Agreement, please contact Project Destined at info@projectdestined.com.