Last updated on August 12, 2015
A. Content And Intellectual Property.
The trademarks, service marks, trade names and logos, including D2D Fund, DoorwayS TO Dreams FUND, D2D, Financial Entertainment, andRAMP IT UP, and any third party marks used and displayed through the Services are trademarks of D2D, its licensors, affiliates or sponsors.
The animations, music, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Services are service marks, trademarks and/or trade dress of D2D and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by D2D in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits D2D.
Please note that we do not accept or consider creative ideas, suggestions or materials other than those that we have specifically requested. Thus, you should not send us any unsolicited creative suggestions, ideas, notes, drawings, concepts or other information. If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts or other information, all such submissions shall be and are hereby deemed non-confidential, and D2D shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, D2D shall be entitled to unrestricted use of any creative suggestions, ideas, notes, drawings, concepts or other information for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
C. Not A Financial Planner Or Legal Advisor.
The Services are strictly for educational purposes only.D2D tries to provide helpful and accurate information through the Services, but D2D makes no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Services. D2D is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Services. If you rely on any information provided by D2D, D2D employees, or others appearing on or contributing content to the Services, you do so solely at your own risk.
NEITHER D2D NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL OR FINANCIAL ADVICE.D2D IS NOT A FINANCIAL PLANNER OR LEGAL ADVISOR.
D. Use Of The Services.
(1) Ramp It Up App.
Notwithstanding the foregoing provisions relating to Content in Section A, for users who have downloaded the App, the following terms shall apply:
The App is the valuable property of D2D and its licensors, and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title, and interest in and to the App, including all copyright and other intellectual property rights in the App.
(2) Website Services.
For users who are accessing the Website or any other Services (other than the App), the following terms shall apply:
(3) Restrictions Applicable to All Services.
D2D makes no claims regarding use of the Services or access to the Content outside of the United States.Access to the Services or the Content may not be legal by certain persons or in certain countries.If you access the Services or the Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The email, which functions as your username, and your password are for your personal use only. You are responsible for all use of your account and for any actions that take place using your account, whether by you or by another person. You are solely responsible for keeping your password confidential and account information secure and are required to notify D2D of any breach of security or unauthorized use of your account.Be sure to log out of your account at the end of each session.If you are aware of any illegal or improper activity on your account, it is your responsibility to inform D2D immediately.
If you do not register for the Services, use will be limited to “read-only” rights and you will not be able to utilize all aspects of the Services.You agree not to gain unauthorized access to the Services, or any account, computer system or network connected to this Services, for example, through hacking, password mining or any other unauthorized or illicit means.
F. Restrictions On Use Of The Services.
When accessing or using the Services, you are strictly prohibited from and you hereby agree NOT to:
instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
act in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as determined by D2D in D2D’s sole and exclusive discretion;
stalk or otherwise harass anyone;
intentionally or unintentionally violate any applicable local, state, national or international law;
violate the terms of any third party website or service, or the terms of any other agreement with any third party;
take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure, including any action that negatively affects other users’ ability to use the Services.
Use With Your Mobile Device.
Use of the App and other Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees (including data transmission and texting charges) as well as the terms of your agreement with your mobile device and telecommunications provider. D2D MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
D2D may from time to time provide automatic alerts, push notifications and voluntary account-related alerts.Automatic alerts may be sent to you following certain changes made online to your D2D account, such as a change in your Registration Information.Push notifications and voluntary account alerts may be turned on by default as part of the Services.They may then be customized, deactivated or reactivated by you.These alerts allow you to choose alert messages for your accounts.D2D may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion.Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.Electronic alerts will be sent to the email address you provided in your Registration Information as part of the Services..Because alerts are not encrypted, we will never include your password or passcode. Anyone with access to your email or mobile device will be able to view the content of these alerts.At any time you may disable future alerts.
G. Third-Party Sites.
H. Ramp It Up Mobile Application.
I. General Disclaimers.
All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. D2D assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member communications. D2D also is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person’s computer (including any tablet or smart phone) or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Services. Under no circumstances will D2D be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. D2D has no special relationship with or fiduciary duty to you.
Although D2D will make reasonable efforts to store and preserve the material residing on the Services, D2D is not responsible or liable in any way for the failure to store, preserve or access Content or other materials you transmit or archive on the Services. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload to the Services.
THE SERVICES, INCLUDING THE WEBSITE AND THE APP, AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, D2D AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SPONSORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, ADVISORS, EMPLOYEES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
FOR THE SAKE OF CLARITY, D2D DOES NOT WARRANT OR COVENANT:
THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION;
THAT THE SERVICES WILL BE SECURE OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED; OR
THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
J. Limitation Of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER D2D NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS AND SPONSORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, ADVISORS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY THIRD-PARTY SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR CONTENT OR ANY LINKED SITE IS TO STOP USING THE SERVICES, THE CONTENT OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF D2D FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO D2D, IF ANY, TO ACCESS THIS SERVICES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO D2D TO ACCESS THIS SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM D2D, ITS AFFILIATES, LICENSORS, SUPPLIERS AND SPONSORS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, ADVISORS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS AND SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against D2D and its affiliates, licensors, suppliers and sponsors, and each of their respective directors, officers, agents, contractors, partners, advisors, employees, licensors and suppliers, from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Services.
To the extent that you do have any claims against D2D, you agree that:
1. Any and all disputes, claims and causes of action against D2D arising out of or connected with your use of the Services shall be resolved individually, without resort to any form of class action; and
2. Any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.
You agree to indemnify and hold D2D, its affiliates, licensors, suppliers and sponsors, and each of their directors, officers, agents, advisors, contractors, partners, employees, licensors, suppliers, successors and assigns, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with:
Your use of the Services;
Your conduct in connection with the Services;
Any dispute with another user of the Services; and
D2D reserves the right, in its sole and exclusive discretion, to refuse, suspend, restrict or terminate your access to the Services, or any portion thereof, without notice and for any reason or no reason. You acknowledge that D2D has the right, but not the obligation, to suspend or terminate your access to all or part of the Services:
1. At the request of law enforcement or other government agencies;
2. If the Services are discontinued or materially modified;
3. Upon the occurrence of any technical or security issues or problems;
In addition, D2D may terminate individual user accounts due to inactivity. You agree that upon termination D2D may delete all information related to your account.
O. Disputes; Governing Law; Choice Of Forum