The My Destiny USA website located in mydestinyusa.com is a copyrighted work belonging to My Destiny USA. Certain features of the Site may be subject to additional guidelines, terms or rules, which will be posted on the Site in connection with such features.
All additional terms, guidelines and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE COMPLYING WITH THESE TERMS and represent that you have the authority and ability to enter into these Terms. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT ENTER OR USE THE SITE.
These terms require the use of Arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms of Use Generator and the Privacy Policy Generator.
Subject to these Terms. The Company grants you a limited, non-transferable, non-exclusive, revocable license to access the Site solely for your personal, non-commercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you will not sell, rent, lease, transfer, assign, distribute, host or commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, compile or reverse engineer any part of the Site; (c) you will not access the Site to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means, unless otherwise stated, any future posting, updating or any other addition to the functionality of the Site shall be subject to these Terms. All copyrights and other proprietary notices on the Site must be retained on all copies thereof.
The companyreserves the right to change, suspend or cancel the Site with or without notice. You approved that the Company shall not be liable to you or any third party for any change, interruption or termination of the Site or any part.
No support or maintenance. You agree that the Company shall have no obligation to assist you in connection with the Site.
Excluding any User Content you may provide, you are aware that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by the Company or the Company’s suppliers. Please note that these Terms and access to the Site do not grant you any right, title or interest in any intellectual property rights, except for the limited access rights expressed in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.
User Content. “User Content” means all information and content that a user submits to the Site. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is provided, sponsored or endorsed in any way by the Company. Because you are solely responsible for your User Content, you may be liable. Company is not obligated to back up any User Content you post; in addition, your User Content may be deleted at any time without notice. You are solely responsible for making your own backup copies of your User Content if you wish.
You hereby grant the Company an irreversible, non-exclusive, royalty-free, fully paid-up worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works from, incorporate into other works, and use and exploit your User Content, and to sublicense the foregoing rights, solely for the purpose of including your User Content on the Site. You hereby irreversibly waive any claim and assertion of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site to collect, upload, transmit, display or distribute any User Content (i) that violates any third party right or any intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, commercial defamatory, pornographic, obscene, clearly offensive, that promotes racism, bigotry, hatred or harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that any law, regulation or obligation or restriction imposed by a third party.
You further agree not to: (i) upload, transmit or distribute through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicate or unsolicited messages; (iii) use the Site to collect, collect, collect or assemble information or data about other users without their consent; (iv) interfere with, disrupt or create an undue load on the servers or networks connected to the Site, or violate the rules, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether by password extraction or any other means; (vi) harass or interfere with the use and enjoyment of the Site by any other user; or (vi) use automated software or agents or scripts to generate multiple accounts on the Site, or to generate automated searches, requests, or queries on the Site.
We reserve the right to review any User Content and investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or create liability for us or any other person. Such action may include deleting or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting it to law enforcement authorities.
If you provide the Company with comments or suggestions regarding the Site, you hereby assign to the Company all rights to such Feedback and agree that the Company shall have the right to fully use and exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary.
You agree to indemnify and hold harmless the Company and its officers, employees and agents, including costs and attorneys’ fees, from any claim or demand made by a third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. The Company reserves the right to assume the exclusive defense and control of any matter for which it must indemnify us, and agrees to cooperate with our defense of these claims. You agree not to resolve any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.
Third Party Links and Advertisements. The Site may contain links to third-party websites and services and/or display third-party advertisements. Such third-party links and advertisements are not under the control of the company, and the company is not responsible for any third-party links and advertisements. The Company provides access to these third-party links and advertisements only as a convenience to you, and does not review, approve, monitor, endorse, warrant or make any representations with respect to third party links and advertisements. You use all third-party links and advertisements at your own risk and should apply an appropriate level of caution and discretion in doing so. When you click on any of the third-party links and advertisements, the applicable third-party terms and policies, including the privacy and data collection practices of third parties, apply.
Other users. Each user of the site is solely responsible for all of their user content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that the Company shall not be liable for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any user of the Site, we have no obligation to get involved.
You hereby release and forever release the Company and our officers, employees, agents, successors and assigns, and you hereby waive any and all past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities. action and cause of action of all kinds and nature, arising out of or arising directly or indirectly from, or relating directly or indirectly to, the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor does not know or suspect exist in his or her favor at the time of granting release, which, if known, it must have materially affected its settlement with the debtor.”
Cookies and web beacons. Like any other website, My Destiny USA uses ‘cookies’. These cookies are used to store information, including visitor preferences and the pages of the website that the visitor accessed or visited. The information is used to optimize users experience in customizing the content of our website according to the type of browser of the visitors and / or other information.
The Site is provided on an “as is” and “as available” basis, and the Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. Neither we nor our suppliers warrant that the site will meet your requirements, be available in an uninterrupted, timely, secure, or error-free manner, or that it will be accurate, reliable, free of viruses or other harmful code, complete, legal, or secure. If applicable law requires any warranty with respect to the Site, all such warranties are limited to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
To the fullest extent permitted by law, in no event shall the company or our suppliers be liable to you or any third party for loss of profits, loss of data, costs of procuring substitute products or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with these terms or your use of or inability to use the site, even if the company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, without prejudice to any provision to the contrary contained herein, our liability to you for any damages arising out of or relating to this agreement shall at all times be limited to a maximum of fifty U.S. dollars (50 U.S. dollars). The existence of more than one claim will not extend this limit. You agree that our suppliers shall have no liability of any kind arising out of or relating to this agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Duration and Termination. Subject to this Section, these Terms will remain in full force and effect for as long as you use the Site. We may suspend or terminate your rights to use the Site at any time and for any reason in our sole discretion, including for any use of the Site that violates these Terms. Upon termination of your rights under these Terms, your Account and the right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the removal of your User Content associated with your Account from our live databases. The Company shall have no liability to you for the termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
The Company respects the intellectual property of others and requests that users of our Site do the same. In connection with our Site, we have adopted and implemented a copyright-respecting policy that provides for the removal of any infringing material and the termination of users of our Online Site who repeatedly infringe intellectual property rights, including copyright. If you believe that one of our users, by using our Site, is unlawfully infringing the copyright of a work and wishes the allegedly infringing material removed, the following information in the form of written notice (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:
Your physical or electronic signature; identification of the copyrighted work(s) that you claim have been infringed; identification of material from our services that you claim is infringing and that you request that we remove; information sufficient to enable us to locate such material; your address, telephone number and email address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner of the copyright that is allegedly infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of a material fact in a written notice automatically subjects the complaining party to liability for damages, costs, and attorneys’ fees incurred by us in connection with written notice and allegation of copyright infringement.
These Terms are subject to occasional review, and if we make material changes, we may notify you by sending you an email to the last email address you provided to us and/or posting a prominent notice of the changes in our itio. You are responsible for providing us with your most recent email address. In the event that the last email address you provided to us is invalid, our sending of the email containing such notice will nevertheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective thirty (30) calendar days after we send you notice by email or thirty (30) calendar days after our posting of notice of the changes on our Site, whichever occurs first. These changes will be effective immediately for new users of our Site. Your continued use of our Site following notification of such changes will indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes.
Conflict resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for BINDING BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of the Arbitration Agreement. All claims and disputes relating to the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services or goods provided under the Terms.
Requirement for notification and informal resolution of disputes. Before either party can request arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the relief sought. A Notice must be sent to the Company at: 4 Ben Gurion Rd. After receiving the Notice, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company fail to resolve the claim or dispute within thirty (30) days of receipt of the Notice, either party may initiate arbitration proceedings. The amount of any settlement offer made by either party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration will be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available for arbitration, the parties will agree to select an alternative ADR Provider. The ADR Provider’s rules shall govern all aspects of arbitration, except to the extent such rules conflict with the Terms. The AAA’s Consumer Arbitration Rules governing arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single neutral arbitrator. Any claim or dispute in which the total amount of the award sought is less than ten thousand US dollars (USD 10,000.00) may be resolved by binding arbitration without a show-show, at the option of the party seeking redress. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US$10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held at a location within 100 miles of your residence, unless you reside outside the United States and the parties agree otherwise. If you reside outside the U.S., the arbitrator shall notify the parties of the date, time, and place of the oral hearings in reasonable time. Any judgment on the award rendered by the arbitrator may be brought in any court of competent jurisdiction. If the arbitrator awards you an award greater than the last settlement offer the Company made to you prior to the commencement of the arbitration, the Company will pay you the greater amount between the award or $2,500.00. Each party shall bear its own costs and disbursements arising from the arbitration and shall pay an equal share of the ADR Provider’s fees and costs.
Additional Rules for No-Show Arbitration. If non-appearance arbitration is chosen, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific form will be chosen by the party initiating the arbitration. Arbitration shall not involve any personal appearance of the parties or witnesses, unless the parties agree otherwise.
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