DuctNclean website term of use

DuctNClean TERMS OF USE
Updated: 11/24/24

PLEASE READ THESE TERMS CAREFULLY

DuctNClean LLC (“DuctNClean,” “we,” or “us”) has established these Terms of Use (“Terms”) to outline the conditions that apply to your use of our website or any other online presence owned or operated by DuctNClean LLC or its affiliates (collectively, the “Websites”). By accessing or using the Websites, you agree to these Terms, which form a binding agreement between you and DuctNClean LLC.

1. USE OF THE WEBSITES

Access to and use of the Websites is at the sole discretion of DuctNClean LLC. The Websites are intended for individuals who are at least 18 years old. By using the Websites, you affirm that you:
(i) are at least 18 years old and capable of entering into a legally binding contract, and you ratify any prior grants of rights, consents, agreements, assignments, and waivers made by you; and
(ii) all information provided by you on the Websites is accurate, current, and complete. We reserve the right to deny access to the Websites or services at our sole discretion, at any time, and for any reason, including but not limited to violations of these Terms.

We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to access and view the content on the Websites (the “Content”), including text, images, videos, and other materials, solely for your personal, non-commercial use. All other rights in the Content are reserved by us and our licensors. You may not reproduce, distribute, modify, publicly perform, display, or create derivative works from any Content without our express written permission.

2. INTELLECTUAL PROPERTY

All content on the Websites, including but not limited to text, graphics, logos, images, video, and software, is the property of DuctNClean LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree not to copy, distribute, or create derivative works based on any content from the Websites without prior written permission from DuctNClean LLC.

3. PRIVACY POLICY

Your privacy is important to us. Please review our Privacy Policy, which is posted on each of the Websites. This policy is incorporated into these Terms by reference. Definitions of capitalized terms not defined in these Terms can be found in our Privacy Policy.

4. PROHIBITED ACTIVITIES

When using the Websites, you agree not to engage in or attempt any of the following activities, in accordance with applicable laws:
(a) Use the Websites or any services in violation of local, state, national, or international laws, regulations, or statutes, or for any unauthorized purposes.
(b) Access areas of the Websites not intended for you, tamper with or alter information, or interfere with other users’ content.
(c) Use automated tools or methods to extract data, send unsolicited commercial communications, or disrupt the Websites’ operations.
(d) Misrepresent your identity, reverse engineer the Websites, or send harmful code such as viruses or spyware.
(e) Engage in any activity that imposes an unreasonable burden on our infrastructure or disrupts the normal operation of the Websites.
(f) Engage in phishing or deceptive practices aimed at collecting personal information.

DuctNClean LLC may access and disclose information, including user profiles, IP addresses, and usage history, to comply with legal obligations or protect our systems and users.

5. USER CONTENT

If you submit any content to the Websites, including feedback, reviews, or other materials, you grant DuctNClean LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, copy, modify, distribute, perform, and display such content in connection with the operation of the Websites and DuctNClean LLC’s business, including promotional purposes.

6. DISPUTE RESOLUTION AND ARBITRATION

Any dispute or claim relating to these Terms or the Websites will be resolved by binding arbitration, rather than in court, except that DuctNClean LLC may seek relief in a court of competent jurisdiction to protect its intellectual property. Arbitration will be conducted in accordance with the rules of the American Arbitration Association. The venue for arbitration will be Wake County, North Carolina.

You agree to waive any right to bring a class action lawsuit against DuctNClean LLC, and agree that all disputes will be handled on an individual basis.

7. DISCLAIMER

The content published on the Websites may include inaccuracies or errors. DuctNClean LLC does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the content displayed on the Websites. The Websites are provided “as is” and without warranties of any kind.

Without limiting the generality of the foregoing, DuctNClean LLC does not warrant that:
(i) the Websites shall be uninterrupted, error-free, virus-free, secure, or timely,
(ii) DuctNClean LLC will correct all program errors, or
(iii) the Websites will meet your requirements.

8. LIMITATION OF LIABILITY

The total liability, if any, of DuctNClean LLC under these Terms, including but not limited to liability arising out of negligence, breach of contract, tort, breach of warranty claims by third parties, or otherwise, shall not exceed the lesser of the fees actually paid by you to DuctNClean LLC during the one (1) month immediately preceding the event giving rise to such liability or $10.00. DuctNClean LLC shall not be liable for any indirect, special, consequential, incidental, exemplary, punitive, or similar damages, including damages for lost data or economic loss.

9. INDEMNIFICATION

You agree to indemnify and hold harmless DuctNClean LLC and its officers, employees, agents, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Websites or violation of these Terms.

10. THIRD-PARTY WEBSITES

The Websites may include links to third-party websites that we do not control. We are not responsible for the availability or accuracy of such sites or for any content, advertising, products, or services on those sites. The inclusion of links does not imply endorsement. Use these links at your own risk and review the third-party website’s privacy statement and terms of use.

11. DATA PROTECTION AND COMPLIANCE

If the Websites collect personal data, we comply with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR), as required. By using the Websites, you consent to the collection and processing of your data in accordance with our Privacy Policy.

12. TERMINATION

DuctNClean LLC reserves the right to suspend or terminate your access to the Websites at its discretion, without notice, for violation of these Terms or any applicable law or regulation.

13. GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, USA. Any disputes arising from these Terms must be resolved exclusively in the courts of Wake County, North Carolina or the U.S. District Court for the Eastern District of North Carolina.

14. AMENDMENTS

DuctNClean LLC may update these Terms from time to time. When changes are made, we will revise the date at the top of these Terms and notify you of significant changes by email or through prominent notices on the Websites.