Terms of Service
By using Duvara.com (“Service”), you ("User") agree to be bound by the following terms and conditions (“Terms of Service”).
Kennedy & Price, Inc. (“Company”) reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of User's account. Should User object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with Service in any way, User's only recourse is to immediately discontinue use of Service.
Company has the right, but is not obligated, to strictly enforce the Terms of Service through self-help, community moderation, active investigation, litigation and prosecution.
Company reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. User must review this agreement on a regular basis to keep apprised of any changes.
- User is responsbile for the security of their own username and password. Company cannot and will not be liable for any loss or damage as a result of your failure to comply with this requirement.
- User must not share logins or passwords with another person.
- User must not publish any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
- User understands that the technical processing and transmission of the Service, including your content, may be transferred in an unencrypted form over various networks.
- User is responsible for all content posted and activity that occurs under their account. Company does not control, and is not responsible for Content made available through the Service, and that by using the Service, User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service website and Content available through the Service may contain links to other websites, which are completely independent of Service. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
- Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content that is available via the Service, for any other reason.
- Service must not be used for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- User must be human (not a 'bot'), provide their legal full name, a valid email address, and any other information requested in order to complete the signup process.
- User must not publish any content that that constitutes or contains any form of advertising or solicitation unless indicated in writing that it is OK to do so by Company.
- User must not send any emails via the Service that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
Free Project and Paid Projects
- User may use the Service free of charge for their first project. After the first project, User agrees to pay in advance for additional projects. If Service is unable to bill the User for any reason, the User's entire account (including the Free project) is subject to suspension or cancellation.
- At it's own discretion, Company may grant additional free projects to User.
- When User adds a new paid project, Company will bill, in advance, a pro-rated amount for the new project based on the User's next billing cycle date.
- All active billable projects will be renewed monthly on the User's billing cycle date.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
Refunds and Credits
- Refunds and/or credits will be made upon discretion of the Company. Company may grant fair and reasonable refunds or prorated credits if User is unhappy with the Service.
- Company will not refund any more than 3 months of charges for any User for any reason.
Cancellation of Projects and Termination of Account
- User is responsible for canceling the project billing for each project by navigating to the Account Billng page and clicking on the Cancel Renewal link next to the project.
- User can cancel their entire account (including all projects) by navigating to the Account Billng page and clicking on the Cancel Account option to cancel all future billing renewals.
- Project content will be maintained for at least 30 days after cancellation. User is responsible for downloading or copying any Content to their own personal storage during this period. After 30 days, project content may be permanently deleted including all backups and logs.
- If User cancels the Service before the end of the current paid up month, they can continue to use your project through the paid up month, and will not be charged again. Company will not prorate any credit or refund any unused time on any project.
- The Company may suspend or terminate User's account, block their email or IP address, and/or refuse any and all current or future use of the Service for any for any reason, including, without limitation, if Company believes that User has acted inconsistently with the letter or spirit of the Terms of Service. Such termination of the Service will result in the deactivation or deletion of User's Account and the forfeiture and relinquishment of all content in their account.
- The Company reserves the right to refuse service to anyone for any reason at any time.
Changes to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Service pricing is subject to change upon 30 days notice from Company. Such notice may be provided at any time by posting the changes to the site or the Service itself.
- The Company shall not be liable to User or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- Any content uploaded or entered by User must comply with U.S. copyright law.
- All content uploaded or entered by User is the intellectual property of the User, not the Company.
- User agrees to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content submitted by User, post or make available through the Service, User's use of the Service, User's violation of the TOU, User's breach of any of the representations and warranties herein, or User's violation of any rights of another.
- User understands that technical support is only provided via email.
- User understands that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- User agrees not modify, adapt or hack the Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- The look and feel of the Service is copyright© Kennedy & Price, LLC. All rights reserved. User agrees not to copy, appropriate, or reuse any portion of the website code or visual design elements without express written permission from the Company.
- Company reserves the right to temporarily disable User's account if their usage significantly exceeds the average usage of other Service customers. Company agrees to first contact the User before taking any action to try to resolve the issue except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- The Company does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- User expressly understands and agrees that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between User and the Company and govern User's use of the Service, superceding any prior agreements between User and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Inquiries about the Terms of Service should be sent to firstname.lastname@example.org.
Disclaimer of Warranties
- YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE DUVARA SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE COMPANY'S SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DUVARA SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DUVARA SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Last Edited: 5-26-2017