Welcome to www.ducieclub.com. The www.ducieclub.com website is comprised of various webpages operated by DucieClub LLC. While we would love to believe that we will be good to you and you will be good in return, our lawyers asked we add a few notes. Below is terms and conditions of use. If you disagree with any please discontinue the use of the Site immediately.
www.ducieclub.com is offered to you conditioned on your acceptance, and without modification of the terms, conditions, and notices contained herein (the “Terms”.) Your use of www.ducieclub.com constitutes your agreement to all such Terms. Please read these items carefully and keep a copy for your reference.
www.ducieclub.com (the “Site”) is an E-commerce site providing both goods and services.
Your use of the Site is subject to DucieClub’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting the Site or sending emails to DucieClub LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Site contains testimonials, blog, chat, forums, communities, calendar, schedule, and other communication vehicles designed to invite a larger community and offer you ability to communicate with the public at large. You agree to use the Communication Services only to post, send and receive messages, that are in keeping with the intent of the communication vehicle and are properly related. During use of Communication Services you agree to not defame, harass, stalk, abuse, threaten or otherwise violate the rights of any user, DucieClub, or others using the Site. You agree you will not post, publish, upload, or distribute any profane, defamatory, inappropriate or unlawful materials or information. You agree you will not upload materials protected through copyright and these Terms. You agree to not upload any files that contain virus, corrupted data, or similar items that may damage the Site or software or programs of any other user computer/device. You will not harvest information from other users on the Site.
DucieClub LLC has no obligation to monitor the Site communications. However, DucieClub LLC reserves the right to review and remove any materials in its sole discretion and to terminate user access to any or all Site Communication Services for any reason whatsoever and without notice.
Always be cautious when providing any personally identifiable information about yourself or your family when participating in any of the Communication Services. DucieClub LLC does not control messages or content and accordingly disclaims any liability in regards to all Communication Services. You are responsible for your posted content and DucieClub LLC is not liable for any action or participation in Communication Services. Additionally, content within Communication Services may not represent or reflect the viewpoints of DucieClub LLC or its representatives.
DucieClub LLC does not maintain or claim any ownership over any content that is directly posted to the Site or via Communication Services. However, by posting, uploading, adding content, input, or otherwise submitting any content you are granting DucieClub LLC and partner affiliates the necessary permissions and sublicenses to use the content and submission with reference to operation of the Site without limitations including the ability to copy, transmit, distribute, edit, translate, publish, reformat, publicly display the information including publishing your name in connection with the material. DucieClub LLC is under no obligation to pay any fees, royalties, or any form of compensation with reference to the submitted materials or content. Accordingly your post constitutes your warrant that the material is fully owned, without limitation, by you and that you own or otherwise control all rights to the material.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and Conditions. You warrant that you will not use the Site for any unlawful or prohibited purposes. You may not use the Site in any manner which may damage, disable, overburden, or impair the Site or interfere with any party’s use or enjoyment of the Site. You may not obtain or attempt to obtain information or materials through any method not intentionally available on the Site. All content including graphics, logos, text, images, software, services, or any compilation therein are property of DucieClub LLC or suppliers and protected by copyright or other laws.
You will not modify, reverse engineer, publish, transmit, sale, participate in sale, or in any way exploit the content and services provided. Content on the Site is not for resale purposes and is only offered direct through DucieClub LLC or its approved partners with separate terms of use. Protected content may only be used for personal use and may not be used for any other purpose without expressed written consent by DucieClub LLC. We do not grant you any license, implied or explicit, of use for the intellectual property.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that DucieClub LLC is not liable or responsible for any third party access to your account that results from theft or misappropriation of your account. DucieClub LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
DucieClub does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
You may cancel at any time. Please contact us at contactus@ducieclub.com to process any cancellation or with any questions.
You agree to indemnify and otherwise hold harmless DucieClub LLC and its officers, directors, managers, employees, agents, and associated partners and third-parties from any losses, costs, liabilities, and expenses (including reasonable attorney fees) relating to any use of, or inability to use, the Site or services. DucieClub liability for any such claim is strictly limited to the amount of any actual monies paid to DucieClub LLC directly and may be claimed within a one year timeframe of the amount of money paid. You agree to hold DucieClub LLC and its officers, directors, managers, employees, agents free and harmless from any third-party activity or use.
In the event the parties are unable to come to a reasonable agreement to resolve dispute concerning use of the Site, services, Terms, or Privacy Policy in any way in which equity for damages or any other relief is brought forward you agree to seek resolution via final and binding arbitration conducted by a single, neutral party arbitrator such as provided through the American Arbitration Association in a mutually agreed upon location or within the state of WA or TX should no other location be agreed. All Terms disputes or claims will be brought forward through arbitration with final and binding judgement. This may include any action related to tort, contract, or terms. Prevailing party may be entitled to recover for attorney’s fees if applicable. The entire dispute, including the scope, shall be determined by the arbitrator. This arbitration provision will survive the termination of these Terms and Conditions.
Any arbitration brought forward will be brought on an individual basis. Class action and class arbitrations are not permitted. All parties agree that no action shall be brought forward on class basis including in the form of Private General Attorney action against the other. Unless all parties agree, an arbitrator may not consolidate any claims or otherwise perform or provide services over any multi party claim.
DucieClub LLC makes no claims for the accuracy of the information, software, products, and services included on or available through the Site. Inaccuracies and topographical errors may be present. Changes are periodically added and updates are made with intent to correct any errors. You may notify us via email of errors.
DucieClub LLC makes no representations about the reliability, availability, sustainability, timeliness, and accuracy of the software, products, services, content, or related graphics contained on the SITE. To the maximum extent provided by law, in no event shall DucieClub LLC and/or its supplies be liable for any direct or indirect, punitive, consequential, incidental, or special damages whatsoever and without limitations, damages for loss of use, data, profits, arising in any way or connection to the Site or performance of the Site. This includes delay, inability to use the Site, Services, software, or otherwise included or noted within these Terms. This Liability Waiver includes any claims brought via contract, tort, negligence, strict liability, or otherwise, even if DucieClub LLC has been notified of any potential for damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any Terms, your sole and exclusive remedy is to cease, discontinue, and otherwise stop all use of the Site.
DucieClub LLC reserves the rights to change or otherwise modify these Terms. The most current version of the Terms will supercede any previous versions. DucieClub LLC encourages all users to periodically review the Terms and keep a copy to stay informed.
Should you have any questions you may contact us via email as follows:
privacy@ducieclub.com
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