Agreement to Terms and Conditions

These Terms and Conditions of Use (the “Terms of Use”) govern your use of the Duarte, Inc. website (“the Site”) and the services and materials provided therein. The Site is the property of Duarte, Inc. and Duarte Press, LLC. (hereinafter collectively referred to as “Duarte”). BY ACCESSING AND USING THE SITE, YOU EXPRESSLY AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT ACCESS OR USE THE SITE.

Duarte reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.  Your continued use of this Site, our products and/or services indicates your agreement to abide by these updated Terms of Use.  Please check the Terms of Use regularly to stay informed about any changes.

By accessing this Site, and/or by using our services and/or products, you represent and warrant that you have the power to enter into these Terms of Use. You agree to abide by all laws including, but not limited to, intellectual property laws of the United States and the country in which you abide. You may not access these services if you are a competitor of Duarte. Determination of whether you are a “competitor” is solely per Duarte’s discretion. Should you be refused access to services on this basis, you will be denied access to services.

Use of the Site and Services

This Site and the services and/or products offered on this Site are intended for the individual use of customers of Duarte, including educators. Unless you have entered into a separate License Agreement with Duarte, the products and/or services are not for release in corporate or school district systems or re-packaged for re-sale or distribution as a group or sub-groups. They are not to be shared on websites or blogs or through other media channels.

Intellectual Property

All materials, including but not limited to images, text, diagrams, workshops, videos, tangible and intangible products, and the organization and presentation of these materials on this Site are the property of Duarte and may be protected by intellectual property laws, including but not limited to U.S. and international laws governing copyright, trademark, trade name, domain names, etc.   Unless you have entered into a separate License Agreement with Duarte, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the materials found on this Site or in Duarte workshops, in whole or in part.  Making, reproducing or distributing copyrighted or other protected materials without prior authorization will be considered illegal use, and Duarte reserves the right to defend our works against such use, including but not limited to prosecution by law.

Permission

Duarte services and materials are not available to competitors of Duarte. Determination of whether you are a “competitor” is solely per Duarte’s discretion and access to services and any licenses will be denied on this basis.

Duarte materials are proprietary. If you wish to use Duarte materials other than for personal use on a limited basis, you must request permission to do so which will be reviewed on a case-by-case basis.  Please specify if this is a request from outside the United States of America, the intended use, the specific materials requested and your contact and company information. All requests shall be determined at Duarte’s sole discretion and may or may not be granted.

Licensing

Contact Duarte at academy@duarte.com for Multi-User licenses and other opportunities to purchase and use Duarte copyrighted materials.

Limitations of Liability

We do not guarantee that our products and/or services will meet your needs. All products and/or services are provided on an “as is” basis.  No guarantee is expressed or implied.  By choosing to ACCESS THIS SITE AND/OR use OUR PRODUCTS AND/OR SERVICES, you do so at your own risk.  Duarte, its affiliates, DIRECTORS, OFFICERS, EMPLOYEES and representatives are not responsible for any damage, whether physical, electronic, financial or otherwise that may result from the use of the SITE OR ANY OF THE PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE SITE.  YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.  In no event will Duarte’s liability to you for any claims under these Terms of Use be greater than the amount paid by you to Duarte.  In no event will Duarte, its affiliates, directors, officers, employees or representatives be liable to you under any circumstances for any third party, special, exemplary, punitive, indirect, multiple, incidental, or consequential damages (including, but not limited to, any loss of data, loss of use, or interruption of business) arising out of, or in connection with, these Terms of Use, even if Duarte has been advised of the possibility of such damages.

Indemnity

By accepting these Terms of Use and accessing and/or using the products and services available through this Site, you agree to indemnify and hold Duarte, its affiliates and representatives harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Duarte or its affiliates and representatives by any third party due to or arising out of or in connection with your use of the Site, the products and/or services.

Privacy

You have voluntarily signed up to receive an email newsletter from Duarte, which may include, among other things, promotional emails about products or discounts on our Site.

Miscellaneous

Should Duarte waive a breach of any portion of these Terms of Use, this should not be considered as a waiver of any other breach of the same provision or any other part of these Terms of Use.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without regard to its conflicts of laws provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts located in Santa Clara County, California, and waive any objection to such jurisdiction or venue.

Unsolicited Idea Submission Policy

Duarte, Inc. (“Duarte”) or our employees do not accept or consider unsolicited ideas, including ideas for new or improved services or products, enhancements, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, creative artwork, suggestions or other works (“submissions”) in any form to Duarte or our employees. The purpose of this policy is to avoid potential misunderstandings or disputes if Duarte work might seem similar to ideas submitted to us. If you still send us ideas even though we have asked you not to, the following terms shall apply to your submissions.

Terms of Idea Submissions

In sending Duarte any Submissions, you agree that: (1) the submission and its contents automatically become the property of Duarte, without any compensation to you; (2) Duarte may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Duarte to review the submission; and (4) there is no obligation to keep any submissions confidential.

Feedback

We do welcome your feedback regarding our services. If you want to send us your feedback, and we hope you do, you can reach us at academy@duarte.com. Please provide only specific feedback on our existing products and services. This information will be used by Duarte in an unrestricted manner to help us help you.

Contact Us If you should have any questions regarding these Terms of Use, you may contact us by sending an e-mail to academy@duarte.com. . © 2016 Duarte Press, LLC.  All rights reserved.