Terms of Service Agreement
We want to thank you for using Brian Duffy's products, services and websites. Our customers are the most important aspect of our business and we appreciate you looking to us to further your business. We offer our customers a platform to create and host their digital businesses. The entire selection of products, services and tools offered on our Platform are our “Product”.
This Terms of Services Agreement (this “Agreement”) contains the terms under which Brian Duffy provides our Product to you and describes how the Product may be accessed and used.
You must read, agree, and accept all terms and conditions contained in this Agreement and expressly referenced in this Agreement, including our Cookie Policy and Privacy Policy.
If you will be using the Product on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “You” and “your” will refer to that entity or organization.
When you subscribe to our Product, or otherwise use or access the Platform or the Product, you agree to be bound by these Terms and applicable laws, rules, and regulations. You may be asked to click “I accept” at the appropriate place prior to your purchase of access to our Product. At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our Platform. If you do not agree to these Terms, please do not use our Product in any way.
Brian Duffy is not an educational institution, marketplace, or content provider. Our users, entrepreneurs, customers, and partners are not our employees. We are not responsible for any interactions between you and your customers, students, subscribers, or users (collectively, “End-Users”), other than providing the technology for you to make your content available. We are in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your relationship with your End-User, including any End-Users reliance upon any information or content that you provide.
Changes and Updates
Changes to Terms.
You acknowledge and agree that Brian Duffy may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. If an amendment is material, as determined in our sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If you do not want to agree to any changes made to the Terms, you should stop using the Product, because by continuing to use the Product you indicate your agreement to be bound by the updated terms.
Changes to the Product and Services.
We are continually changing and improving our Product. Brian Duffy may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. We may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service.
Downgrades.
Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
Disclaimers and Limitations of Liability
While Brian Duffy strives to provide you with a great experience when using the Product (and we love to please our customers), there are certain things we do not promise about our Product. We try to keep our Product up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND WE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCT.
Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BRIAN DUFFY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BRIAN DUFFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF BRIAN DUFFY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO BRIAN DUFFY FOR USE OF THE PRODUCT AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
Consumers.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
Indemnification
General.
You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content. To the fullest extent permitted by law, you will indemnify and hold harmless Brian Duffy and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) your or your end users’ use of the Product; (b) breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications, or business; or (c) a dispute between you and your users.
Intellectual Property.
You will defend Brian Duffy and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
Process. We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us, without our written consent.