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Terms of Service

January 1, 2022

The Kyle Duarte Company (KDC/we/our/us) owns and runs the website (our website/site).

As a website user (you/your), you agree to:

You accept our terms, policies and disclaimers when you use our site and buy or use our products, so please read them carefully. If you don’t agree with them, please don’t use our site.

Amendments apply from the date we publish them, so please also check these before you buy or use our products.

1. What is a registered user?

Securely accessing our products and site

When you’re a registered site user, you will have an account and sign into our site to:

  • buy our products
  • access restricted areas of the site
  • download or view our resources we make available to you
  • download or view our online products and offers.

Keeping your account confidential

We need some basic information from you, like an email address, to set up your account. Our Privacy Policy explains how we will handle any information we collect.

You’ll also have a user password, which you’ll need to keep confidential.

You cannot assign or transfer your user rights or obligations. 

2. What are the rules for site conduct?

Avoiding harmful content

You agree that you will not use our site to upload, post, email, or otherwise transmit:

  • content that is illegal, threatening, abusive, defamatory, libellous, harmful, obscene, actionable, or legally objectionable
  • content that invades KDC’s or another’s privacy
  • content that breaches intellectual property rights, including KDC’s or another’s patents, trademarks, trade secrets, moral rights, copyright, or publicity
  • unsolicited promotional material, junk mail, spam, chain letters, pyramid schemes, or political campaigning material
  • content with software viruses or computer codes, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of KDC software or hardware.

Protecting our site’s functionality

You also cannot:

  • copy, store or host material with, or linked to, malicious computer software such as spyware, computer viruses, Trojan horses, worms, keystroke loggers, or rootkits
  • subvert our website functionality or not follow its requirements, procedures and policies or those of the networks it’s connected to
  • do any systematic or automated data collection like scraping or data mining, extraction, and harvesting without our written consent.

Using email appropriately

In supplying our email addresses on our site, we do not consent to you sending unsolicited emails to us.

You also cannot:

  • use a false email address, impersonate any person or entity on our website, or otherwise mislead others as to the origin of our website content
  • falsely state or misrepresent an affiliation with us or another
  • harass our directors, our staff, or another user of our website
  • impersonate a person or an entity, including impersonating our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers, and licensors.

3. What happens if I post or comment on the site?

Managing your content

You agree that:

  • you own or control the rights to any content you post on our site
  • the content is accurate
  • the content doesn’t breach our terms.

If you post anything on any public areas of our site, that gives us a non-exclusive, royalty free, perpetual, irrevocable right and license (and consent) to use, reproduce, adapt, publish, translate, distribute, display and remove that content.

Monitoring posted content

We may not regularly review posted content. We can monitor our site, including any forum, but you agree that we are not obliged to do this.

We’re not obliged to keep any public postings, comments, or entries confidential. We’re also not liable for any such use or disclosure worldwide.

Submitting content as a registered user

User content is material you submit to our website like a document, text or image. We can remove such material without telling you.

You cannot submit material to our website that is or has been the subject of any threatened or actual legal proceedings or other similar complaint.

Linking to our site

Please contact us if you’d like to link to our site. However, you can’t use our trademarks unless we agree in writing. 

You also can’t modify our website, or frame or reformat its files, pages, images, information, and materials on another site. 

We’re not liable for, and you indemnify us against, any loss, damage or expense from you linking to our website.

We can stop linking by letting you know we’re going to do so.

4. What are the disclaimers?

Using the site at your own risk

You use our website at your own risk. While we make every effort to ensure our site material is current, accurate and reliable, we cannot guarantee this and are not liable if it is not. We also don’t endorse material on a linked or mentioned site.

We can change our site at any time, even if it means you will need to change your equipment to access it.

We’re not liable for any loss or damage of any kind, however caused (including by negligence), through you using our site and its products and material.

We’re also not liable if your computer system, software or data is damaged or interfered with because you use our site.

This disclaimer applies to KDC, our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors of our website content, products and services.

Accepting loss or damage

This disclaimer covers loss or damage because:

  • you rely on our website and any third party material to be suitable, accurate and reliable
  • there is a website failure, error, omission, interruption, deletion or defect; we do not correct a defect; a computer virus or a component causes damage; or data is lost
  • there is a delay in site operation or transmission, or a communication line fails
  • issues arise from e-commerce transactions such as wrong credit card details or incomplete or delayed transactions.

It also covers loss or damage because:

  • a third party acts illegally, like by hacking, stealing, destroying content, or accessing or altering records
  • you access a third party site or server through our email or website (linking to a third party like a social media site is at your own risk)
  • a third party’s conduct is defamatory, threatening, offensive or illegal, or material is published about or causes such conduct
  • we breach our Privacy Policy, other than doing so willfully.

5. How about liability and indemnity?

Accepting liability

Our total liability to you (if any) under our website terms and conditions for loss, damage or reliance is limited to resupplying our website information or the resupply of any faulty products you buy through our site.

We are not liable for a product or service we supply to you for free or if you buy a product that does not suit your needs.

We will not be liable for lost profits, lost data, business interruption or other damages including, but not limited to, consequential, special, or indirect damages.

Indemnifying us against loss

You agree that you indemnify us from and against any action, liability, cost, loss, and damage (including legal fees) that you, we or a third party suffers because you or your agents:

  • breach our website terms, disclaimers and policies
  • infringe our intellectual property rights or those of a third party linked on our website
  • have a dispute with a third party from using our website
  • break laws and regulations that apply.

Complying with the law

The laws of Virginia govern our terms and policies. If any part of them is found to be invalid or unenforceable, it will be removed without affecting the rest.

6. Any feedback or complaints?

Please contact us with any comments or complaints. We really appreciate your feedback.