1. GENERAL TERMS. BY USING AND ACCESSING ANY OF THE SITES, YOU ACKNOWLEDGE THAT THE SITES ARE PROVIDED TO YOU SUBJECT TO THE TERMS OF THIS AGREEMENT AND YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT AND ALL OTHER APPLICABLE LAWS AND REGULATIONS. PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. YOUR USE OF ANY OF THE SITES CONSTITUTES YOUR EXPRESS AGREEMENT TO ABIDE BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE PROMPTLY EXIT THE SITE(S).
2. ACCEPTANCE. This Agreement is a legally binding agreement between you and DuctSox. By using any of the Sites, you expressly acknowledge and agree that you understand the terms of the Agreement and that you agree to be legally bound by all of the terms and conditions of the Agreement. This Agreement sets forth your rights and obligations with respect to your use of and access to the Sites. If you have questions regarding these Terms, please contact DuctSox.
4. LICENSE. DuctSox grants you a limited license to use the Sites to view, bookmark, download and print, for your non-commercial, personal use and information only, those portions of the Sites that interest you, subject to any other terms and conditions of use in this Agreement or on the Sites. The terms of this Agreement cannot be waived or modified by any oral communication between you and DuctSox. Your limited right to use of any materials or software from any of the Sites is terminable by DuctSox at any time for any reason.
5. UPDATING TERMS. DuctSox reserves the right, at its discretion, to change, delete, and update portions of this Agreement or any other policies that govern use of the Sites at its discretion, at any time, for any reason, including the right to terminate access to the Sites or any part of the Sites. You should review this Agreement periodically for changes. Any amendments and modifications by DuctSox will be prospective, and unless otherwise provided in this Agreement, will be effective upon being posted on one or more of the Sites. The Agreement can be accessed from the link at the bottom of web page accessible at www.DuctSox.com. Your access and/or use of any of the Sites after terms of this Agreement are amended or updated shall be deemed acceptance of all such changes.
6. MINORS. The Sites are designed for use by individuals who are at least 18 years of age. If you are under 13 years old, you may not submit any personally identifiable information to DuctSox through the Sites or otherwise. Portions of the Sites may contain content that is not suitable for viewing by minors. Parents and guardians of minors should exercise appropriate adult supervision of any use of the Sites by minors under their control.
7. REGISTRATION. If you register or provide personal contact information at our Sites, you agree to provide truthful, accurate, and reliable information about yourself. If you obtain a username and password in connection with your registration, you agree to safeguard the confidentiality of your password and agree that you will not disclose or share the password with any third parties. You are responsible for all activities that may occur under your username or password.
8. SITE CONTENT. DuctSox relies on a variety of sources for the information provided on the Sites. DuctSox does not guarantee the truthfulness, accuracy, quality, or reliability of information located on the Sites. You acknowledge that DuctSox receives content from multiple parties, including third parties, and that those parties are responsible for the truthfulness, accuracy, and reliability of the content that they submit. Any reliance on material posted at the Site shall be at your own risk.
9. OWNERSHIP RIGHTS. DuctSox and/or its content providers (as applicable) own or license all of the content, materials, and other intellectual property related to the Sites, including, without limit, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Materials"). You have no rights to the Materials, except as expressly set forth in this Agreement (such as with respect to User Content as defined below). Any use of the Materials, except as permitted by this Agreement, is expressly prohibited.
10. USER-GENERATED CONTENT. If you upload, post, or otherwise submit any material or content to any of the Sites ("User Content"), your User Content shall be deemed owned by you. By posting or uploading the User Content, you grant to DuctSox and its affiliated entities a non-exclusive, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, modify, publish, display, distribute, perform, exploit, and prepare derivative works of the User Content in connection with the business operations of DuctSox and its affiliated entities, including the Sites. You are solely responsible for all third party claims, liabilities, and damages arising from or in connection with your User Content, and we assume no such liability. You represent and warrant that any User Content submitted by you will be truthful and accurate in all respects. You agree to indemnify and hold harmless DuctSox and its affiliates for any claims and/or damages related to User Content you have posted or caused to be posted (directly or indirectly) to any of the Sites.
11. INTELLECTUAL PROPERTY. All of the Materials and other logos, trademarks and/or works (including DuctSox's name and the logos and software) used in the Sites and owned by DuctSox are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all trademark, copyright and all other proprietary notices contained in the Sites. You may not delete or change any copyright or trademark notices, and may not alter or modify the Materials in any manner without the express written permission of DuctSox. You agree that you may not copy or use any of the Materials or DuctSox intellectual property in any way that is not expressly authorized herein without first obtaining written consent from DuctSox.
12. INTELLECTUAL PROPERTY RIGHTS OF OTHERS. DuctSox respects the intellectual property rights of others. It is our policy to remove any photos, graphics, trademarks, content or other protectible material submitted to any of the Sites that violate the rights of others.
13. COPYRIGHT ABUSE & NOTICE. Upon proper notice, DuctSox will remove user-posted comments, messages or other submissions to the Sites that violate copyright law. DuctSox may also suspend access to all or a part of the Sites to any user who uses the Sites (or any part of the Sites) in violation of copyright law. Pursuant to federal law, DuctSox has implemented procedures for receiving written notification of claimed copyright infringement. If you believe your work has been used in a way that constitutes copyright infringement, then you must send DuctSox's designated copyright agent written notification of claimed infringement in compliance with the Digital Millennium Copyright Act, 17 USC Section 512 et seq. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a work or material is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney prior to sending DuctSox a takedown notice.
To provide adequate notice under this provision: Provide DuctSox with the information set forth below in a written communication via fax or regular mail. Do not provide written notice via electronic mail unless you receive prior, written authorization from DuctSox. All information must be provided in sufficient detail to allow DuctSox to properly investigate your claim.
Identify the copyrighted work you believe has been infringed;
Identify the material you claim is infringing upon your copyright;
Include sufficient information for DuctSox to contact you, including your name, address, phone number and e-mail if possible;
Include information, if possible, sufficient to permit DuctSox to notify the person or entity who is infringing on your copyright, including name, address, phone number and e-mail if possible;
Include the following statements in your written notice: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law;" and "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;”
Sign the written notice; and
Send the written communication to DuctSox's designated agent at the following address:
Matthew McNeill DuctSox
8900 N. Arbon Dr.
Milwaukee WI 53223
OR fax to:
414-355-6578 Attn: DuctSox Holding Corporation, DMCA Complaints
If your content has been removed under this section and you believe it was done in error or bad faith, you may provide the designated agent identified above with counter notice, so long as it meets all of the requirements set forth in 17 U.S.C. § 512(g)(3).
14. FAIR & TRUTHFUL ADVERTISING. DuctSox undertakes only truthful and transparent methods of advertising and expects users of the Sites to do the same. If you provide any endorsements or testimonials on any of the Sites, you must provide only your honest opinions and experiences. If you are an employee of DuctSox, or if you receive any compensation, free products or services, or any other value from DuctSox, you must disclose that with any testimonials or endorsements you may provide on the Sites.
15. PROHIBITED CONDUCT. You may not:
a. use or access the Sites to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute any material or content that infringes any copyright, trademark, proprietary, or other right of any party or that otherwise violates the terms of this Agreement;
b. copy, modify, distribute, create any derivative or compilation work from, or display DuctSox's name or logo, or any text, graphic images, or other content from the Sites or redeliver it using framing, scraping, or similar technology;
c. include the DuctSox logo, domain name or any other marks, of various products and services offered by DuctSox or any other DuctSox trademarked materials, the name of any DuctSox personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between DuctSox and you, any other party, or any other website, or otherwise use these items without DuctSox's express written permission;
d. upload, e-mail or otherwise transmit to DuctSox or through the Sites any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including, without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or other equipment that is owned, leased or used by DuctSox;
e. use any of the Sites to advertise or perform any commercial solicitation without DuctSox's prior written permission;
f. use the Sites to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
g. take any action that imposes, or may impose, in DuctSox's sole discretion, an unreasonable or disproportionately large data load on the DuctSox infrastructure;
h. interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;
i. bypass measures used by DuctSox to prevent or restrict access to the Sites, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from DuctSox; or
j. impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from DuctSox for any purpose.
The license granted to you under this Agreement to access and use the Sites shall automatically terminate if you violate any of these restrictions and may be terminated by DuctSox at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. DuctSox reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order.
16. TERMINATION, REMOVAL OF MATERIALS, AND MONITORING. This Agreement is effective until terminated. DuctSox may terminate, restrict, or suspend all or part of your license to access the Sites and may delete any User Content transmitted to or through the Sites, at any time, in its sole discretion, without prior notice to you and without any liability to you. DuctSox also reserves the right to take any action relating to User Content that it deems necessary or appropriate if such information, as determined in DuctSox's sole discretion, may create liability for DuctSox, its affiliates, agents, customers, or its contractors or may affect DuctSox's business relationships or contracts with its agents, customers, or its contractors. DuctSox further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to this Agreement - though DuctSox shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to posting. You agree that DuctSox has the right, but is not obligated, to monitor your use of the Sites and any communications made by you related to such use. You release DuctSox from liability related to its monitoring activities.
17. WEBSITE LINKING. For your general informational use only, DuctSox may provide access to third party websites. These links allow you to leave the Sites. DuctSox is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to any of the Sites via hyperlink or otherwise, whether such link is provided by DuctSox or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which DuctSox may link). By providing access to other websites, DuctSox is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization. DuctSox does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
18. DISCLAIMERS AND LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). DUCTSOX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "DUCTSOX PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE DUCTSOX PARTIES; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS OR USE OF DATA. USE OF THE SITES IS AT YOUR OWN RISK. YOU AGREE THAT THE DUCTSOX PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE DUCTSOX PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO DUCTSOX TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO DUCTSOX. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY DUCTSOX IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE DUCTSOX PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
19. INDEMNIFICATION. In consideration of your use of the Sites, you hereby agree to indemnify, defend, and hold harmless the DuctSox Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your breach of this Agreement, your violation of law, or your violation or threatened violation of any person's or entity's rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).
20. CONTACTS / SOLICITATIONS. In certain cases, users and other contributors of content might post their email address or other contact information on the Sites. The contact information is to be used only for purposes of contacting that individual to discuss the content that they posted. You may not contact those individuals or any employees of DuctSox for commercial purposes in any manner without the prior written consent of DuctSox.
21. MOBILE DEVICES. Some mobile devices may not be capable of accessing the Sites in entirely. DuctSox is not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access any of the Sites using a mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with use of the mobile device.
22. APPLICABLE LAW. DuctSox manages the Sites within the State of Wisconsin in the United States. If you choose to access any of the Sites from any other location, state or country, you do so at your own risk and initiative and are solely responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to DuctSox and your use of the Sites, and exclusive jurisdiction and venue for any disputes shall be the state or federal courts located in Milwaukee, Wisconsin.
23. SEVERABILITY AND WAIVER. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, all of which shall remain in full force and effect. Failure to exercise or delay in exercising any right, power or privilege by DuctSox under this Agreement shall not constitute any waiver or modification of the terms of this Agreement by DuctSox.
24. INCORPORATED TERMS. Additional terms and conditions may apply to specific locations on the Sites or other services offered by DuctSox. All such terms and conditions are incorporated herein by reference and shall be binding upon all users.
25. ENTIRE AGREEMENT. This Agreement – along with all incorporated terms identified in Section 24 – contains the entire agreement between you and DuctSox with respect to the Sites. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by this Agreement. Terms that by their nature are intended to survive the termination, cancellation, or expiration of this Agreement shall survive.