Terms of use and Privacy policy

Terms of use

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR SERVICES. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON, AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.

This Agreement is a binding contract between you and us. The Terms of Use govern your access to and use of the Website and Services, whether as a guest or an Authorized User.

Please read these Terms of Use carefully before using the Website or Services.

1. Definitions.

“Agreement” or “Terms of Use” means this document and any other terms or agreements incorporated herein.

“Aggregated Statistics” has the meaning set out in Section 2(f).

“AI Customer Input” means information, data, materials, text, prompts, images, works, code, or other content that is input, entered, posted, uploaded, submitted, transferred, or otherwise transmitted by or on behalf of Customer or any other Authorized User through the Services.

“AI Customer Output” means information, data, materials, text, images, code, works, or other content generated by or otherwise output from the Services in response to an AI Customer Input.

“AI Feature” means any feature, functionality, or component of the Services that incorporates, uses, depends on, or employs any AI Technology.

“AI Technology” means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts.

“Authorized User” means Customer and Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer under this Agreement and (ii) for whom access to the Services has been initiated or purchased hereunder.

“Company,” “Provider,” “Duarte,” “we,” or “us” means Duarte, Inc., Duarte Design, Inc., and/or Duarte Press, LLC.

“Confidential Information” has the meaning set out in Section 6.

“Customer,” “you,” or “your” means the single individual accessing or using the Website and/or Services, or the legal entity on behalf of which such individual is accessing or using the Website and/or Service, as applicable.

“Customer Data” means AI Customer Input and AI Customer Output/information, data, and other content, in any form or medium, that is submitted, entered, posted, or otherwise transmitted by or on behalf of Customer or any other Authorized User through the Services, and any outputs based thereon or derived therefrom, including AI Customer Input and AI Customer Output. Customer Data does not include Aggregated Statistics.

“DMCA” and “DMCA Notice” have the meanings set out in Section 8.

“Feedback” has the meaning set out in Section 9(a).

“Interactive Services” has the meaning set out in Section 3(g).

“Losses” has the meaning set out in Section 11(a)(i).

“Personal Information” means information that: (a) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (b) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, student information, biometric, health, genetic, medical, or medical insurance data, answers to security questions, an individual’s internet activity or similar interaction history, inferences drawn from other personal information to create consumer profiles, geolocation data, an individual’s commercial, employment, or education history, and other personal characteristics and identifiers. Customer’s business contact information is not by itself deemed to be Personal Information.

“Privacy Policy” has the meaning set out in Section 7.

“Process” means to take any action or perform any operation or set of operations that the Services are capable of taking or performing on any data, information, or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other improvements or derivative works, process, weigh, perform statistical analysis, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or block, erase, or destroy. “Processing” and “Processed” have correlative meanings.

“Provider IP” means the Services and all intellectual property provided to Customer or any other Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Duarte’s monitoring of Customer’s access to or use of the Services, but does not include Customer Data. Provider IP includes all modifications, enhancements, refinements, adaptations, customizations, improvements, and derivative works of the Services.

“Services” means the services provided by Duarte under this Agreement that are detailed on Duarte’s website available at app.duarte.ai, including the AI Features.

“Service Levels” has the meaning set out in Section 4(a).

“Submissions” has the meaning set out in Section 9(b).

“Term” has the meaning set out in Section 5.

“Third-Party Claim” has the meaning set out in Section 11(a)(i).

“Third-Party Products” means any products, technology, content, data, services, information, websites, or other materials that are owned by third parties and are included in, incorporated into, or accessible through the Services, including any third-party AI Technology.

“Training Data” means any and all information, data, materials, text, prompts, images, code, and other content that is used by or on behalf of Duarte to train, validate, test, retrain, or improve any AI Technology incorporated into or used with, in connection with, or in support of, the Services, except for Customer Data.

“User Contributions” has the meaning set out in Section 3(g).

“Website” means the website available at www.duarte.com and all related web pages, including but not limited to app.duarte.ai, but does not include any third-party websites that are linked to or may link from the Website whether or not such third-party websites are used in connection with the Services.

2. Access and use.

(a) Changes to Terms of Use. Duarte may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter. Your continued use of the Website and/or Services following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page occasionally to be aware of any changes, as they are binding on you.

(b) Access and Account Security. We reserve the right to withdraw or amend the Website and/or Services, and any service or material provided therein, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website and/or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and/or Services, or the entire Website and/or Services, to users, including Authorized Users.
You are responsible for both:

Making all arrangements necessary for you to have access to the Website and/or Services.
Ensuring that all persons who access the Website and/or Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Website and/or Services or any resources offered therein, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and/or Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website and/or Services, including, but not limited to, through the use of any interactive features on the Website and/or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(c) Provision of Access. Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable right to access and use the Website and Services during the Term, solely for your internal business operations by Authorized Users under these terms and conditions.

(d)Duarte Accessibility Statement. Great communicators empathize with their audience, and there is nothing more empathetic than ensuring every audience member can understand and engage with your message, regardless of their ability.

Our offerings transform the way people communicate. That’s why accessibility is a core tenet of our Website and Services.
We want everyone to fully benefit from their experience using our Website and/or Services. Most of our offerings substantially meet Web Content Accessibility Guidelines (WCAG) 2.1 levels A and AA, and we’re in the process of updating all Duarte offerings to adhere to these guidelines as much as possible using the following measures:

A product development process that includes accessibility checks and tests with assistive technology.
Workshop guidelines for facilitators and producers for in-session best practices.
Regular monitoring and updating of content to maintain accessibility.
Education for our Academy staff to stay up-to-date on accessibility behaviors and best practices.

We continue to devote time, resources, and internal education to make our digital and in-person offerings inclusive. It’s a commitment we take seriously so every Duarte learner gets the best experience possible.
If for any reason, you require assistance in using our Website, Services, or other offerings, please email [email protected] or call +1 650-625-8200.

(e) Use Restrictions. You shall not use the Website, Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Website and/or Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website and/or Services; (iii) reverse engineer, disassemble, decompile, decode, or duplicate the Services, reproduce Training Data other than Customer Data, engage in model extraction, or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights and parameters, or other underlying AI Technology or component of the Services, in whole or in part; (iv) access or use the Website, Services, or any AI Customer Output to develop, train, or improve any other AI Technology or a competing or similar product or service; (v) use web scraping, web harvesting, web data extraction or any other method to extract data from the Website, Services, or any AI Customer Output; (vi) remove any proprietary notices from the Website or Services; (vii) use the Website or Services to create or generate AI Customer Output, or use AI Customer Output in a manner, that you know or should know infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; or (viii) submit, enter, post, or otherwise transmit or Process any Personal Information through the Website or Services.

(f) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Duarte may monitor Customer’s use of the Website and/or Services and collect and compile data and information related to Customer’s use of the Website and/or Services to be used by Duarte in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Website and/or Services (“Aggregated Statistics“). As between Duarte and Customer, all rights, titles, and interests in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Duarte. You agree that Duarte may use and make publicly available Aggregated Statistics to the extent and in the manner permitted under applicable law, provided that such Aggregated Statistics do not disclose Customer’s Confidential Information.

(g) Reservation of Rights. Duarte reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP or Third-Party Products.

(h) Suspension. Notwithstanding anything to the contrary in this Agreement, Duarte may temporarily suspend Customer’s and any other Authorized User’s access to any portion or all of the Website and/or Services at any time in Duarte’s sole discretion for any or no reason, including if, in Duarte’s opinion, you have violated any provision of these Terms of Use.

3. Customer responsibilities.

(a) Acceptable Use Policy; Company Policies. Neither the Website nor the Services may be used for unlawful, fraudulent, offensive, or obscene activity. You shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, requirements, and policies that may be posted on the Website from time to time, which are hereby incorporated herein by reference.
Specifically, you agree not to use the Website and/or Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or Services, or expose them to liability.

Additionally, you agree not to:

Use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website or Services, including their ability to engage in real-time activities through the Website or Services.
Use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website or Services.
Use any manual process to monitor or copy any of the material on the Website or Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website or Services is stored, or any server, computer, or database connected to the Website or Services.
Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or Services.

(b) Account Use. You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether that access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services and shall cause Authorized Users to comply with such provisions.

(c) Use of AI Customer Output. You are solely responsible for (i) evaluating (including by human review) AI Customer Output for accuracy, completeness, and other factors relevant to your use before using, distributing, or relying on the AI Customer Output and (ii) your decisions, actions, and omissions in reliance or based on the AI Customer Output.

(d) Data Security. To prevent any unauthorized access or disclosure, maintain data accuracy, and to ensure the correct use of personal information, we have instituted policies and procedures, including the use of encryption and security software SSL (Secure Socket Layer) and strong security methods, to safeguard and secure any information we may collect from you. We do not sell, share or otherwise disclose your personal information with any third parties other than that which is required solely to process your transaction. We will not disclose your personal information to any State institutions or authorities except as required by law.

(e) Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Website and/or Services confidential. You shall not sell or transfer them to any other person or entity. You shall promptly notify us about any unauthorized access to your passwords or access credentials.

(f) Third-Party Products. The Website and Services may permit access to Third-Party Products. For purposes of this Agreement, these Third-Party Products are subject to their own terms and conditions which may be presented to you for acceptance by website link or otherwise. The Website and Services may also include or incorporate Third-Party Products licensed or provided by third parties that require us to pass through additional terms to you. You shall comply with all such applicable pass-through terms as made available via the Website and/or Services as such terms may be updated, modified, or added from time to time. We may add or remove Third-Party Products from time to time. If you do not agree to abide by the applicable terms for any Third-Party Products, then you should not install, access, or use these Third-Party Products or any Services that include or incorporate these Third-Party Products.
This site may contain links to third-party websites. Duarte has no control and assumes no responsibility over the privacy policies of any third-party websites. You should review the privacy policies of any third-party websites you visit. The Privacy Policy cited herein applies solely to the Website and Services.

(g) Website User Contributions. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in the Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website and/or Services.

(g) Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, abusive, harassing, violent, hateful, inflammatory, or otherwise deemed objectionable by the Company.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

4. Service levels, fees, and payment.

(a) Service Levels. Subject to the terms and conditions of this Agreement, Duarte shall use commercially reasonable efforts to make the Services available in accordance with the service level options available via the Website (“Service Levels”).

(b) Fees. Currently, the Services are offered at no cost to you. However, in the future, we intend to transition to a subscription-based model in which you shall pay us the subscription fees (“Fees”), which we will post on the Website.

(i) You shall make all payments hereunder in US dollars. Duarte accepts MasterCard, Visa, American Express, and Discover.
(ii) Payment for products and/or services is due upon purchase. You agree to pay for what you select at the price displayed at the time you place your order, plus applicable shipping/handling charges and any applicable taxes that Duarte is legally obligated to collect. Prices do not include the costs for the download of services. Such costs, including, but not limited to, internet charges are the direct responsibility of the customer.
(iii) Discount codes are not transferable. Duarte, in its sole discretion, reserves the right to decline to apply a discount code at any time, for any reason whatsoever.
(iv) We may change our Fees and the price of the Services from time to time. Duarte does not offer a price guarantee. We will notify you at least one month before any price changes will become effective. If you do not wish to accept the price change or change its subscription plan, you can cancel your membership before the change takes effect.
(v) Free Trial. We may, from time to time, offer a free trial (“Free Trial”). Free Trial eligibility is determined by us at our sole discretion, and we reserve the right to revoke your Free Trial, suspend your membership, or reject your Free Trial request if we determine you are not eligible. We may use information such as device ID, method of payment, IP address, user name, or Authorized User email address on file with an existing or recent account, Free Trial, or membership to determine Free Trial eligibility. Unless otherwise specified, you are not eligible for a Free Trial if you have an existing or recent membership or if you have, within the last year, used a Free Trial. Any attempt to circumvent the Free Trial eligibility may result in the revocation of your Free Trial, and we may charge your Payment Method for your Subscription at the then-current Fees.
(vi) Free Trials are for a limited period of time–e.g., 5 days (“Free Trial Period”). You may be required to enter your Payment Method when signing up for a Free Trial. You will not be charged for the Services until the last day of the Free Trial Period unless you cancel your membership. If You do not cancel your membership, you will automatically be charged the applicable Fees.

(c) Cancellation. Once the Services change to a subscription model, information regarding cancellation will be available via the Website.

5. Membership; Termination.

Your use and access to the Services begins upon accepting the terms of this Agreement and creation of an Authorized User account (the “Term”).
In addition to any other express termination right set out in this Agreement:

(i) Duarte may terminate this Agreement for any reason at any time.
(ii) Duarte may remove or refuse to post any User Contributions for any or no reason in our sole discretion.
(iii) Duarte may take any action with respect to any User Contribution that Duarte deems necessary or appropriate in its sole discretion, including if Duarte believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website and/or Services or the public or could create liability for the Company.
(iv) Duarte may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(v) Duarte may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and/or Services.
(vi) Duarte may terminate or suspend your access to all or part of the Website and/or Services for any or no reason, including without limitation, any violation of these Terms of Use.
(vii) Duarte assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party and assumes no liability to anyone for performance or nonperformance of the activities described in this section.

(a) Effect of Expiration or Termination. Upon expiration or termination of this Agreement, Customer shall immediately discontinue use of the Provider IP. No expiration or termination of this Agreement will affect Customer’s obligation to pay all Fees that may have become due before that expiration or termination or entitle Customer to any refund. Following expiration or termination of this Agreement, Duarte may permanently delete Customer Data from the Website, Services, and all systems Duarte controls, unless otherwise required by applicable law. Notwithstanding the foregoing and for the avoidance of doubt, Duarte shall not be obligated to delete, destroy, or disable any modifications, developments, or improvements to the Website, Services, AI Features, or any other products or services resulting from Duarte’s use of Customer Data pursuant to Section 8.

6. Confidential information.

From time to time, Duarte and Customer may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media and whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure (collectively, “Confidential Information”). Without limiting the foregoing, Provider IP is Duarte’s Confidential Information and Customer Data is Customer’s Confidential Information. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. Each party’s obligations of non-disclosure regarding Confidential Information are effective as of the date the Confidential Information is first disclosed to the receiving party and will continue as long as permitted by applicable law; provided, however, for any Confidential Information that constitutes a trade secret (as determined under applicable law), those obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as the Confidential Information remains subject to trade secret protection under applicable law.

7. Privacy policy.

Our privacy policy is available at www.duarte.com/privacy-and-usage-policy/#privacy (“Privacy Policy”). We agree to comply with our Privacy Policy. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Website and/or Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.

8. Intellectual property ownership.

(a) Company IP. Duarte owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. The Website and Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Duarte, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website and/or Services.

Except according to the terms herein, you must not access or use for any commercial purposes any part of the Website or materials made available therein.

If you wish to make any use of material on the Website and/or Services other than that set out in this section, please address your request to [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website and/or Services in breach of the Terms of Use, your right to use the Website and/or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, Services, or any content featured or provided therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and/or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

(b) Third-Party IP. With regard to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.

(c) Customer IP. As between you and Duarte, You are and will remain the sole and exclusive owner of all right, title, and interest in and to all AI Customer Input and AI Customer Output, including all intellectual property rights relating thereto, subject to the limited license granted to Duarte below.

AI Customer Output shall be considered a work made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent any AI Customer Output does not qualify as, or otherwise fails to be, work made for hire, Duarte shall, and hereby does: (i)assign, transfer, and otherwise convey to Customer, irrevocably and in perpetuity, throughout the universe, all right, title, and interest in and to such AI Customer Output, including all intellectual property rights therein; and (ii)irrevocably waive any and all claims Duarte may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral with respect to the AI Customer Output.

You hereby grant Duarte a limited, royalty-free, fully paid up, non-exclusive, transferable, and sublicensable license to host, use, distribute, modify, perform, copy, publicly display, and create derivative works of the Customer Data.

Customer also hereby grants to Duarte a non-exclusive, royalty-free, worldwide license to (i) reproduce, distribute, and otherwise use and display the Customer Data and Process the Customer Data as may be necessary for Duarte to provide the Services to Customer and (ii) use, modify, and adapt AI Customer Input and AI Customer Output to train, develop, adapt, modify, enhance, or improve the Services, AI Features, and other products or services. Duarte will not use Customer Data to train, develop, or improve the Services, AI Features, or any other product or service.

Notwithstanding anything in this Agreement to the contrary, unless prohibited by applicable law, we may delete Customer Data at any time if we determine that Customer Data violates the terms of this Agreement or that deletion is necessary to comply with applicable law. All Customer Data entered will be subject to review by Duarte personnel as part of Duarte’s quality assurance measures.

(d) Duarte Trademark Rights. The Company names Duarte®, Duarte, Inc., Duarte Design, Inc., and Duarte Press, LLC the terms Accelerator Lab™, Adapt to Advance™, Adapt to Discern™, Adapt to Immerse™, Adapt to Support™, Adaptive Listening™, Advance Listener™, Audience Empathy™, Audience Journey™, Captivate™, ChangeMap™, Communicate Your Best™, Data POV™, DataStory Map™, DataStory Method™, Diagrammer®, Duarte Academ®, Duarte AI™, Duarte DataStory®, Duarte Design™, Duarte Method™, Empathy Walk™, Giraffirmation™, Glance Test™, Illuminate™, Immerse Listener™, Listen to Advance™, Listen to Discern™, Listen to Immerse™, Listen to Support™, Listening L.E.N.S.™, Language of Data™, Persuasive Presentation Form™, Presentation Index™, Presentation Principles™, Presentation Score™, Presentation Sparkline™, Presenting Virtually™, Quickstorm™, Recommendation Map™, Resonate®, S.A.I.D. Listening Goal™, S.A.I.D. Listening Style™, S.A.I.D. Listening Style Finder™, Slide Boot Camp™, Slide Design Lab™, Slide:ology®, Slidedoc™, Slidedocs®, SlideMap™, S.P.A. Treatment™, S.P.A.C.E.™, S.T.A.R. Moment™, Story Burst™, Story Fundamentals™, Story Planner™, Storyboarder™, Storyliner™, StoryMap™, StoryThinking™, Support Listener™, The Big Idea™, Torchbearer’s Toolkit™, VentureScape™, VisualStory®, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Website and/or Services are the trademarks of their respective owners.

(e) Duarte Copyright Policy. Duarte shall respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website and/or Services infringe your copyright, you may request removal of those materials (or access to them) from the Website and/or Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:
Mike Pastor
Duarte
2755 Great America Way, Suite 135, Santa Clara, CA 95054
(650) 625-8200
[email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website and/or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is the policy of the Company to terminate the user accounts of repeat infringers.

9. Feedback.

(a) Feedback Policy. If you or any other Authorized User sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website and/or Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use that 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 [email protected]. 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. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf and shall cause your Authorized Users to assign to us, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we have no obligation to acknowledge receipt of or use any Feedback.

(b) Unsolicited Idea Submission Policy. We 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’s 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.

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.

(c) Business Integrity Reporting. Integrity, professionalism, and security are vital to Duarte’s business relationships and company culture. We have a commitment to act ethically and legally and foster a culture of integrity and transparency. Doing the right thing is part of our DNA. If Duarte employees, representatives, or processes do not follow our Code of Conduct, we encourage anyone, including clients, customers, and partners to report this directly to our business through our Business Integrity Report Form. This may include knowledge of a security breach, policy breach, employee/manager issue, or other misrepresentation of our company values. The information in the form can be left anonymously, although we highly encourage you to leave your name so we can follow up with you directly.

Duarte does not tolerate any retaliatory behavior against individuals reporting concerns. We are committed to providing a safe and confidential way for people with genuine concerns to raise them, and to do so without fear of reprisals. If you raise a concern, please be aware that, for legal reasons, we cannot provide you with a report of any outcomes from subsequent investigations.

(d) Surveys.

(i) Research Report Surveys. Internal research survey participants agree to share answers to any completed questions with Duarte. The survey questions will be about your opinions, reactions, and behaviors surrounding communication, presentations, and other soft skills. Surveys may include questions about current practices and demographic data. We publish aggregated, summary survey results in report(s), book(s), our blog, and/or other marketing materials. All actual data from our surveys is kept confidential and no identifying or private data will be shared publicly. Participants who provide their email at the end of a survey consent to receiving additional marketing messaging from Duarte. If completion of a survey includes entry into a sweepstakes or giveaway, participants consent to providing their email in exchange for entry and receiving future marketing messaging from Duarte. No purchase is necessary to enter sweepstakes or giveaways, and they are only open to legal residents of the 50 United States, 18 years of age or older.

(ii) Client Surveys. We are interested in the feedback of our clients and use surveys to help us assess, improve, and communicate the value of our trainings and services. Your participation in surveys is voluntary, and you may withdraw at any time without penalty. Survey questions will be about your reaction to, and engagement with, our services, what you gained from our service(s), how you foresee you will apply what you learned from your experience(s), and what you predict the impact and results will be. By taking this survey, you agree to participate in this research and share your answers to the questions that follow with Duarte. Additionally, if you took our training on behalf of your employer, the data will be shared with them. The aggregate data from this survey will be also used periodically by Duarte in public-facing communication and reporting, but all actual data will be kept confidential and no identifying information will ever be made public (except for optional testimonials you may agree to voluntarily provide). At the end of our surveys, we ask if you would like to share your email address in order to receive our newsletter or to be contacted for future research opportunities. We do not sell your data or email contact information to any third parties. Also, we will keep your information confidential and protected in a password-protected electronic format.

10. Limited warranty and warranty disclaimer.

(a) Customer Warranty. You represent, warrant, and covenant that (i) you own or otherwise have and will have all necessary rights, permissions, and consents in and relating to the Customer Data (other than AI Customer Output) so that, as received by Duarte and Processed in accordance with this Agreement, it does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or violate any applicable law, and (ii) no Customer Data (other than AI Customer Output) contains or will contain any Personal Information.

(b) Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET OUT IN SECTION 10(a), THE WEBSITE, SERVICES, AND AI CUSTOMER OUTPUT ARE PROVIDED “AS IS” AND DUARTE SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DUARTE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DUARTE MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, INCLUDING ANY AI OUTPUTS, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT, GIVEN THE NATURE OF THE WEBSITE, SERVICES, AND AI TECHNOLOGY, AI CUSTOMER OUTPUT (I) MAY BE INACCURATE OR BIASED, (II) MAY BE THE SAME AS OR SIMILAR TO OUTPUT THE SERVICES GENERATE FOR OTHER CUSTOMERS, (III) MAY NOT QUALIFY FOR INTELLECTUAL PROPERTY PROTECTION, AND (IV) MAY BE SUBJECT TO THIRD PARTY TERMS, INCLUDING, AS APPLICABLE, OPEN SOURCE LICENSES, AND (V) DO NOT NECESSARILY REFLECT, AND MAY BE INCONSISTENT WITH, DUARTE’S AND THIRD-PARTY PROVIDERS’ VIEWS.

11. Indemnification.

(a) Company Indemnification.

(i) Duarte shall indemnify, defend, and hold Customer harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees (“Losses”), incurred by Customer resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services or AI Customer Output, or Customer’s or any Authorized User’s use thereof in accordance with this Agreement, infringes or misappropriates such third party’s US intellectual property rights, provided that Customer promptly notifies Duarte in writing of the Third-Party Claim, cooperates with Duarte, and allows Duarte sole authority to control the defense and settlement of such Third-Party Claim.

(ii) If such a Third-Party Claim is made or Duarte anticipates such a Third-Party Claim will be made, Customer agrees to permit Duarte, at Duarte’s sole discretion, to (A) modify or replace the Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for Customer to continue use. If Duarte determines that neither alternative is reasonably available, Duarte may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on notice to Customer.

(iii) This Section 11(a) will not apply to the extent that any such Third-Party Claim arises from (A) Customer’s or any other Authorized User’s use of the Services or AI Customer Output in combination with any products, services, or software not provided by or on behalf of Duarte; (B) AI Customer Input or other Customer Data other than AI Customer Output; (C) Third-Party Products accessible through but not incorporated into the Services (including to the extent allegedly infringing AI Customer Output derives from content from a Third-Party Product); (D) Customer’s disablement or circumvention of any applicable source citation, filtering, or safety tools or functions of the AI Features and/or Services; (E) your material violation of this Agreement or applicable laws; (F) Training Data or AI Customer Output; or (G) trademark violations resulting from Customer’s use of the AI Customer Output in trade or commerce.

(b) Customer Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Services, including, but not limited to, your User Contributions, any use of the Website or Service’s content, materials and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or Services.

Customer shall indemnify, hold harmless, and, at Company’s option, defend Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all Losses arising from or relating to any Third-Party Claim (i) that the AI Customer Input or other Customer Data other than AI Customer Output, or Processing or any other use thereof in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights; (ii) based on Customer’s or any Authorized User’s negligence or willful misconduct or use of the Website or Services in a manner not authorized by this Agreement / in material violation of the terms of this Agreement or applicable laws; provided that Customer may not settle any Third-Party Claim against Duarte unless Duarte consents to such settlement, and further provided that Duarte will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

(c) Sole Remedy. THIS SECTION 9 SETS OUT CUSTOMER’S SOLE REMEDIES AND DUARTE’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES OR AI CUSTOMER OUTPUT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

12. Limitations on liability.

EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL DUARTE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER DUARTEWAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES, ANY WEBSITES OR SERVICES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR ACCESSED VIA THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. US government rights.

Each of the software components that constitute the Website and Services is a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Website and Services as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government customers and their contractors.

14. Governing law and jurisdiction.

This agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. Except as otherwise set out herein, any legal suit, action, or proceeding arising out of or related to this agreement or the rights granted hereunder will be instituted in the federal courts of the United States or the courts of the State of California in each case located in the County of Santa Clara, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding.

15. Arbitration.

At our sole discretion, you may be required to submit any disputes arising from these Terms of Use or use of the Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

16. Limitation on time to file claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Miscellaneous.

This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to [email protected] or our corporate headquarters address available at 2755 Great America Way, Suite 135, Santa Clara, CA 95054 and must be delivered either in person, by email, certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Website and/or Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.

Privacy policy

Introduction.

Duarte, Inc., Duarte Design, Inc., and Duarte Press, LLC. (hereinafter collectively referred to as “Duarte,” “Company,” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.duarte.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children under the age of 18.

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].

Residents of certain states under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please review your state’s privacy rights for more information.

Information we collect about you and how we collect it.

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
That is about you but individually does not identify you; and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information you provide to us.

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website. Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information we collect through automatic data collection technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.

Third-party use of cookies and other tracking technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How we use your information.

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of your information.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Duarte’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Duarte about our Website users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including responding to any government or regulatory request.
To enforce or apply our terms of use or terms of sale and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Duarte, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices about how we use and disclose your information.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by visiting the Website and adjusting your preferences or by logging into your account and adjusting your user preferences in your account profile. You can also send us an email stating your request to [email protected].
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected]m. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target audience preferences, you can opt out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and correcting your information.

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.
Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your state privacy rights.

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.
California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

Confirm whether we process their personal information.
Access and delete certain personal information.
Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
Data portability.
Opt-out of personal data processing for:
- targeted advertising (excluding Iowa);
- sales; or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
- Either limit (opt out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights, please use the official state online request form. To appeal a decision regarding a consumer rights request, complete the online appeal form within 30 days after the decision is rendered.
Nevada provides its residents with a limited right to opt out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

GDPR compliance.

Duarte will comply with the General Data Protection Regulation (GDPR) where and when required. Duarte’s GDPR policy will apply to all personal data processed. Duarte will be responsible for maintaining the GDPR policy and updates.

Data Protection Principles. Duarte is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency);
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimization);
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organizational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (‘integrity and confidentiality’).
Lawful, Fair and Transparent Processing. Data processed by Duarte will be done on a lawful basis. These bases include consent, contract, legal obligation, vital interests, public task, or legitimate interests. Opt-in consent, when required, will be stored with personal data. Individuals have the right to revoke their consent when communications are sent based on user consent. Individuals have the right to see their personal data when requested. Duarte will process this information request in a timely manner.
Data Minimization. Duarte shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
Accuracy. Duarte shall take reasonable steps to ensure personal data is accurate and kept up-to-date where necessary.
Archiving / Removal. Duarte has archival and retention policies to ensure data is kept for an appropriate time according to lawful data retention requirements. Data is retained depending on the importance, nature, and need for the data. Data will be classified to identify the archival and retention needs.
Security. Duarte will ensure that personal data is stored, processed, and transported securely using up-to-date software, encryption, and hardware. Access to data will be based on the least privileges necessary and secured using standard security practices. Deleted data will be sanitized to ensure that information is not recoverable. Backup and disaster recovery measures are used to maintain accessibility and integrity of data.
Breach. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, Duarte shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to appropriate authorities.

Data security.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumventing any privacy settings or security measures contained on the Website.

Changes to our privacy policy.

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact information.

To ask questions or comment about this privacy policy and our privacy practices or our terms of use, contact us at [email protected].

Last modified: October 26, 2024

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