General
This website (the “Site”) is owned and operated by Duct-EZ® LLC, (“We” or “Us”). By using this Site, you agree to be bound by these Terms and Conditions of Use and Service (“Terms and Conditions”) and to use the Site in accordance with these Terms and Conditions and Service, Privacy Policy, and Earnings Disclaimer. These Terms and Conditions are in addition to the terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Duct-EZ® LLC, including but not limited to being a Duct-EZ® Dealer. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions.
We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.
Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions, all applicable laws and regulations. You further agree that you are responsible for compliance with any and all applicable local, state, federal and international laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark laws.
Restrictions
You are expressly and emphatically restricted from all of the following:
- Publishing any Website material in any media;
- Selling, sub-licensing and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- Using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Duct-EZ®. Duct-EZ® may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
Your Content
In this Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Duct-EZ® a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s right. Duct-EZ® reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
No Warranties
This Website is provided “as is”, with all faults, and Duct-EZ® makes no express or implied representations or warranties, or any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of Liability
In no event shall Duct-EZ®, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Duct-EZ®, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent Duct-EZ® from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability of invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Duct-EZ® is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms and Conditions on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment
Duct-EZ® shall be permitted to assign, transfer, and subcontract its right and/or obligations under these Terms and Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights under/or obligations under these Terms and Conditions.
Entire Agreement
These Terms and Conditions, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Duct-EZ® and you in relations to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Ohio for the resolution of any disputes.
Agreement
By accessing this Site, you agree to abide and be bound by these Terms and Conditions.