Terms of Service

This web page represents a legal document that serves as our Terms of Service (also, “Terms”, or “Terms of Use”) and it governs the legal terms of our website, https://www.dunntek.com, sub-domains, website hosts, service providers, associated business partners or third-party providers, any products or services, whether physical or otherwise, sold, contained, referenced, or advertised herein, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by DunnTek, or engaged in business with DunnTek for the purpose of providing or supporting the Website, Content, Products, and/or Services.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and DunnTek, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be retroactively bound to any such changes. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By accessing this web site, engaging in any business relationship with DunnTek through any means, or making any use of our Products, you are agreeing to be bound by our Legal Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Legal Terms, you are prohibited from using or accessing the Website or any Products provided by DunnTek. The materials contained in this web site are protected by applicable copyright and trademark law.

The last update to our Terms of Use was posted on February 2, 2021.  The Retroactive Date of these terms, as defined further below, is 1 August 2014.

Definitions

The terms “us” or “we” or “our” refers to DunnTek, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, software, physical or electronic products, representations thereof, and data, offered, referenced, made available in any way, or sold through our Website or any other means by us, are collectively known as our “Content”.

Services shall refer to any interaction with you by DunnTek or its affiliates, or any service performed or action undertaken by us on your behalf.

A “Product” shall either be a Service, or Content which has either been made available for purchase to you by us, or provided to you in the form of services rendered or physical form.

General Terms and Conditions

We have no obligation to provide you with access to the Website, Content, Products, or Services, except as outlined herein. We have no obligation to make any Content, Products, or Services available in any particular format or to provide compatibility with any particular type of device or computer system. Our Website, Content, Products, or Services may require that you have the appropriate type of computer or electronic device on which to make use of them. It is not our responsibility to ensure that you are able to make use of any Product that you may purchase. You will ensure that you have the ability, equipment, means and knowledge to make use of any Product that you may purchase, before purchasing it.

Linking Policy

Any link made to our website by you will be removed by you within 30 days of our electronic notification to you.  Further, any link to any page of our website from another website or document by you shall indicate your public endorsement of our company, Products, and Services, as well as your granting to us a perpetual license and Media Release to represent your endorsement through the use and display of your protected trademarks and company logo throughout our website and marketing material.  Should you remove such hyperlink, we shall retain such perpetual license unless you contact us through Registered postal mail, in which case we shall have 90 days upon receipt of such notice to remove such endorsement from dunntek.com.  Any static marketing materials such as word processing documents, slide shows, or other similar types of documents that may have your trademark or logo embedded in them shall not be required to have any such endorsements removed nor shall we be required to recall or remove such documents upon receipt of your request.  However, at such time as we may make revisions to such documents, we will remove your trademark and/or logo from any copies under our control.  You agree that we are not liable for any action that other parties may or may not take with copies that they may possess of such documents and that we have no obligation of any kind to contact such parties on your behalf to request the removal of your trademarks or logo.

Use License

1. For any Content that is not a Product, you are granted a temporary license for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any content or software contained on DunnTek’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. You have no rights to any Product that you did not purchase from us at the then-current price.
3. Unless specifically stated otherwise, no purchase by you shall suggest any transfer of ownership or intellectual property. DunnTek retains all rights without limitation.
4. The purchase by you of a Product shall entitle you to a limited-use license to load, store, or use, for its intended purpose only, one single instance of that Product, wherein an instance represents the presence of any form, in whole or in part, of the Product on any type of electronic media or storage device of any kind, for legal and non-commercial purposes only, subject to the additional terms and conditions outlined in this document.
5. You may not store, access, or use our Products on any system which operates any type of peer-to-peer file sharing software.
6. It is your obligation to ensure the safekeeping of Product, including adherence to applicable copyright laws. You will not load, store, or attempt to use any Product on more than one device or in more than one storage container of any kind whether virtual or physical. Neither through omission of action will you allow Product to be accessed, copied, or transmitted by or to any other person or computer system.
7. Any license you may have shall automatically terminate if you violate any of any restriction or provision of this document, and may be terminated by DunnTek at any time at no recompense to you. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any Products or materials downloaded either as a visitor or under your account or purchased by you whether in electronic or printed format.

Payments, Taxes, And Refund Policy

You agree that you will pay for all Products or Services you purchase through the Website, and that we may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DUNNTEK WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.  Electronic or physical Products must be paid for in advance.  Any Services made available for purchase shall be handled at our discretion, but if offered on our Website, also require payment in advance.

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.

All sales and rentals of any services or Products of any kind are final.  Any refunds are entirely at DunnTek’s discretion.

Prices for products offered via the Website may change at any time, and the Website does not provide price protection or refunds in the event of a price reduction or promotional offering.

For electronic products intended to be downloaded onto your device and consumed in an off-line static manner such as a book or video, but excluding such content such as website pages, if a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by DunnTek.

You authorize DunnTek to disclose your information to and engage the use of a third-party to collect any payments due to us by you, and that furthermore you shall be liable for the cost of such.

For most on-going services, we rely on automated payment services by which we may not necessarily issue an actual invoice, such as a recurring payment with a third-party payment provider.  Additional charges will apply if you would like us to create and send an actual invoice on a periodic basis.

Unless noted otherwise, all services are payable in advance and payment will be due before any services will be provided. For the minority of services which are billed after the fact, payment terms will be NET 15 unless noted otherwise.

We take electronic payment in advance [only] through our designated payment providers.  We may, at our sole discretion, accept manual payment mechanisms such as checks, on a case by case basis, and additional charges will apply.

Additional billing and payment terms may apply to individual services that we offer, and in the case of a conflict, the description that is closer to the individual service shall be superior.

You agree to pay all applicable taxes.  In the event of an error on our part in failing to indicate taxes due, you agree to make payment to us for any such additional amount as needed to satisfy any tax obligation.

Support Portal

The support portal (“Portal”) we provide shall be used exclusively by you to notify us about any issues or concerns with your account with us or any services we may provide.  The Portal shall be your sole means of notifying us and interacting with us about such issues.  Email, phone calls or postal mail may, in our sole discretion, be used to supplement the use of the Portal, but no communication to us by you through such alternative means shall be considered official or create any obligation on our part. The Portal shall be considered the only monitored form of communication.  If you communicate with us through any means other than the Portal, we are relieved of any obligation we might otherwise have had.  You shall have no remedy or be due any damages in such case. 

Pandemics and Postal Mail

Due to an active worldwide pandemic, we are not monitoring postal mail closely, so if you need to send us written documents via postal mail, you shall notify us of such intent in advance via the Portal, or it may be some time before we retrieve them from our third-party postal services provider.  If you send us postal mail requiring signature or that is tracked or monitored, you understand and agree that any signature or indication of delivery does not indicate receipt by us, but rather only that it was received by a third-party postal carrier.  Delivery of postal mail will not be considered to have occurred until we retrieve such items from our postal carrier.  The only delivery receipt that shall be considered valid or have any bearing is the receipt we sign with our third-party postal carrier when retrieving such items from them.  You hereby release us from any obligation to monitor, check or retrieve postal mail, and no documents sent to us via such means shall have any bearing, unless you advise us via the Portal to expect such correspondence.

Termination

Termination means that we cease providing any services to you, and that any obligations we have to you are considered to have been fulfilled entirely such that we have no further obligations.

Non-payment by you constitutes your request that any and all services we may be providing be Terminated, effectively immediately upon the expiration of the current period of time for which you have paid for service.

Any recurring services will automatically be considered to have been Terminated by you intentionally, at your own request, if you fail to make payment to renew your services before the expiration of your current paid period of service.  We have no obligation to provide any notice of such termination, since termination for non-payment will be considered to have been made at your own request by virtue of non-payment.  

If you engage us to provide fee-based or hourly services, you may submit a written request to us to Terminate any unfinished work, with five (5) business days notice.  In such case, any unpaid balance (see Pricing) shall be considered due effectively immediately upon such notice to us.  

In all other cases, DunnTek reserves the right to terminate any services at any time, without any cause or limit or damages, with 30 days notice.

Pricing

Unless we specifically offer otherwise in writing, no pricing is guaranteed beyond 30 days. Prices include only those items specifically listed. Services shall be configured and delivered in a manner consistent with our standard processes unless stated otherwise in writing. Pricing shall not include any customization or configuration beyond that which is specifically stated by us in writing. 

If any pricing we provide is at a discounted rate, such discount shall only apply if all indicated work is executed at such rate.  Should any work agreement be Terminated before all billable work has been completed, any discount previously offered shall be considered null and void and You will be responsible for paying any difference between the discounted rate and our normal rate.

Electronic Delivery

Some Products may only be available to you by your downloading them either from us or our contracted digital storefront after purchase. The availability of your download will be governed by the policies and practices of the digital storefront through which it was sold, which may not be directly operated by DunnTek. In such case your rights will be limited to those offered by the third-party provider, and any support for problems associated with payment or the delivery of Products shall be entirely between you and the provider. Please let us know if you have such problems.

For Products sold directly by DunnTek on our own website, generally, following purchase by you, Products shall be made available to you for download through our Website for a period of 7 days (“Download Window”). It shall be your obligation to download any and all Products that you have purchased within the Download Window. A total of 3 downloads are allowed within the Download Window, however, as per the license agreement the Product may not be used or stored on more than one device or transmitted to any other person or through omission of action allowed to be accessed by another person. No guarantee is made that you will be able to download the product again after the Download Window. You agree that your order is complete and all Products have been delivered to you upon the expiration of the Download Window. Should you experience any technical difficulty with downloading your Product within the Download Window, you agree that you will contact us in writing through one of the mechanisms provided on our Website before the Download Window elapses. Should you not contact us in such time and manner, your order will be considered as having been delivered to your satisfaction. The sale of Products delivered through such mechanisms is considered final.

Inspection Period

Except as stated below or otherwise in a product description, any customized product or service provided to you at cost shall have a 24 hour inspection period. A customized product or service shall be defined as one in which the contents of the files delivered were uniquely modified in some manner as directed by you or in association with your purchase. Should you not notify us before the inspection period has elapsed then the product or service will be considered to have been delivered to your satisfaction and any subsequent requests for changes may carry additional cost. Upon receipt of notice by you, we’ll examine the situation to see if we messed up, and if so, we’ll fix it. However if we delivered in accordance with your specifications, then any changes may require additional cost. Any products or services provided at no cost to you shall have no inspection period and you shall have no rights in connection with such products or services. This provision shall apply only to work performed to create custom products for you, and shall not apply in any way to the sale of any Products or Services that are considered “stock” and may be sold in the exact same format to others.

Restricted Uses

Products listed or advertised on the Website can be used only for lawful non-commercial purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of DunnTek without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing DunnTek’s name or trademarks without the express written consent of DunnTek. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of DunnTek, in other way that is likely to trigger confusion among consumers, that disparages or challenges DunnTek or its licensors, that dilutes the strength of DunnTek’s or its licensor’s residential property, or that otherwise infringes DunnTek’s or its licensor’s copyright rights. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that DunnTek develops to generate or show any Material of the pages making up the Site is likewise secured by DunnTek’s copyright, and you may not copy or adjust such code.

DunnTek has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, DunnTek could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. DunnTek has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Electronic Communication

You are connecting with us electronically when you go to the Site or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site.  You agree that we may email you, at our discretion, at the email address you contact us from or that you provide to us for such purpose.  You agree to maintain such email address in good standing and to monitor it regularly for important communications from us.

You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing, and that either posting any notices on our website or emailing them to you, at our discretion, shall satisfy such requirements.

Any communication by you to DunnTek, or to any third-party used by DunnTek as a means of communication with you, becomes, in its entirety, DunnTek’s property which it may use at its discretion, without limitation, and with no obligation to you, including any of your trademarks, images, or other content contained therein, and you indemnify and hold blameless DunnTek for such use.

You communication with us using a business email account shall confer on DunnTek the right to use your company logo and name insofar as listing you as a DunnTek customer.

Your Account

If you utilize the Website, you are accountable for maintaining the confidentiality of any account you may create and its password, and you accept full legal responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. DunnTek additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it’s sole discernment. In the event of any activity occurring with your account which leads to any loss of sales or other damages to DunnTek, you shall reimburse DunnTek in entirety including any associated legal defense costs or lost business.

DunnTek does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, including Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

You accept liability for any use or access of our Website from any computer, network device, tablet, smart phone, embedded device, thing with a networking capability, or any other electronic device which possesses the ability to access any part of our website in any means, that you may use, own, control, be in possession of, or have through any action, direct or indirect, caused or passively allowed to have occurred, knowingly or not, a means of accessing our website.

Reviews, Comments, and Other Material

Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. DunnTek books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.

If you post an evaluation or send comments or email to us, and unless DunnTek suggests otherwise, you grant DunnTek a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant DunnTek and sublicensees the right to utilize your name in connection with such Material, if they pick. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify DunnTek for all claims resulting from Content You supply. DunnTek has the right but not the obligation to edit and keep track of or eliminate any task or Material. DunnTek takes no duty and assumes no liability for any content published by You or any 3rd party.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. DunnTek reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website or Products does not grant you ownership or other rights of any kind in our Website. Any submissions by you to our Website become our exclusive intellectual property, such as statements made in public forums or product reviews, or emails to us, which we may then retain and use as we see fit, without limitation, which ownership shall survive any termination of your relationship with DunnTek. Furthermore your use, depiction, representation, or embedded use of trademarks or copyrights owned by yourself or the company which by law you may be seen as an agent of, shall be considered as having been submitted to us for the purpose of granting us the full legal unlimited and non-compensated right of re-use at our discretion.

You agree that any and all of our methods and business processes represent confidential trade secrets and proprietary methods that are the intellectual property of DunnTek and are subject to a Non-Disclosure Agreement (see below.)  Any documents produced by us and provided to you for your review shall remain the exclusive property of DunnTek unless indicated otherwise.

Non-Exclusive Rights 

DunnTek may, at time, deliver certain products or services which are considered “stock-based” which means that we may take existing products or services and tailor them to your needs in a non-exclusive agreement; you will be delivered a customized version, but you shall not have any rights to the original stock upon which your delivered product is based. In all cases, DunnTek shall retain all ownership, rights, and intellectual property with any and all products or services except as may be specifically agreed between us otherwise in writing. In some cases we may sell exclusive rights at additional cost.

Revisions and Errata

The materials appearing on DunnTek’s web site could include technical, typographical, or photographic errors. DunnTek does not warrant that any of the materials on its web site are accurate, complete, or current. DunnTek may make changes to the materials contained on its web site at any time without notice. DunnTek does not, however, make any commitment to update the materials. You indemnify and hold DunnTek blameless for any such errors or omissions.

Website Design and Hosting

DunnTek may, in its sole discretion, design and host websites for customers under certain circumstances.  Should you enter into an agreement with us for website design and/or website hosting, you agree to the additional terms located here, provisions of which shall supercede these Terms in the event of any conflict:  https://www.dunntek.com/website-rental-terms/

Disclaimer

The materials on DunnTek‘s web site are provided “as is.” DunnTek makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DunnTek does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. The Site serves as a venue for Individuals to purchase distinct service or products. Neither DunnTek nor the Site has control over the quality or fitness for a particular function of a product. DunnTek likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DunnTek ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DunnTek MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE DANGER.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, DunnTek DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. DunnTek DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM DunnTek ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. DunnTek WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL DunnTek’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $1.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. DunnTek has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Letter of Agency and Media Release

You authorize us to legally act on your behalf as may be needed to fulfill any services we agree upon, such as but not limited to purchasing a domain name that contains your company name or other trademarks, issuing Press Releases, creating digital properties such as web pages having your brand and trademarks on them and accepting any associated terms of service on your behalf, and creating and distributing content of various type on the Internet on your behalf.  You grant us a Media Release to make use of any images, protected trademarks, or other digital assets owned by you in providing Services, and you further attest that any such materials you provide to us are owned in whole by you or that you possess legal rights to provide such authorization to us.  In the event that you provide us with material, such as but not limited to pictures or graphical logos, to which you do not have legal rights, you agree that you shall provide for our full legal defense and that any damages that might result against us shall be paid by you in full in our stead, and that should we require additional legal services that you shall compensate us in full for such.

We may engage with you to provide information about your company to public news media as well as through various websites and social media outlets. You agree that, in the event we agree to provide such services to you, you specifically request and authorize that we act on your behalf, which authorization shall include, but not be limited to, use of your company name, trademarks or graphical logos, and any non-confidential company information that you disclose to us for such purposes, and interacting with third-party media outlets so that we may help develop and then publicly release statements about your company.  Any and all information that we receive from you shall be considered non-confidential unless indicated in writing to us by you.

You affirm that should we conduct a media or press release containing the names or other information about your employees, that you have obtained full written legal media release from such employees in advance.

Search Engine Optimization

You understand and agree that DunnTek shall have no liability for when search engines may decide to assign desired ranks to websites, and that any discussion by us about periods of time in which changes might occur are only of a general nature, that such time frames may not apply to your situation, that we make or offer no such guarantee unless specifically put in writing to you by us with specific language as to the exact performance criteria of the guarantee including but not limited to specific time periods, URL’s, keyword terms, and specific rank slots, along with any redress we offer for failing to meet such guarantee, that no guarantee shall exist without all aforementioned details, and that the amount of time your websites need to achieve any desired rank may vary.

Abusive Language or Behavior

We believe in business partnerships based on mutual respect and reserve the right to terminate any and all services immediately, with no damages or refund of any kind due to customer, in response to any language or behavior that we deem abusive in our sole discretion.  You agree that such termination by us shall be considered to be entirely at your fault, that we shall be free of any and all obligations to you effectively immediately, that you shall render payment to us within 30 days of such notification by us for any services we have rendered that are unpaid, and that the only legal proof required of abusive language in verbal conversations is to demonstrate the occurrence of a phone call or meeting between us.

Non-Disclosure Agreement

You agree to our Non-Disclosure Agreement, which is incorporated into these Legal Terms by reference.

Digital Assets

In the course of providing Products and Services, we may take action to expand or improve our own infrastructure in order to create the final end result of our engagement with you.  For example, in the case of Search Engine Optimization, the final end result is an improved organic rank in search engine results for your website for certain search terms.  In providing such result to you, we may create various digital assets which shall remain the exclusive property of DunnTek unless specifically stated otherwise in advance in writing.  In the event that digital assets are created with the intention that they be transferred into your subsequent control, you agree that such digital assets will remain the exclusive property of DunnTek and shall not be transferred to you until any balances due to us by you are paid in full including the complete fulfillment of any Minimum Obligation.

Site Terms of Use Modifications

DunnTek may revise these Legal Terms at any time without notice. By using the Website or any Product or Service offered by us, you are agreeing to be bound by the then-current version of these Legal Terms.  You agree that no printed copy of these Legal Terms or any version of them other than those currently posted on our website shall be considered a legal document.  You agree that we may enact retroactive modification to these Legal Terms and you agree in advance that you shall be considered to have been retroactively bound by such changes effective as of their Retroactive Date.

Waiver of Rights

You hereby waive any and all rights, privileges, or entitlements, financial or otherwise, that are not specifically granted to you in these terms.

No Verbal Agreement

You agree that there has not been, nor shall there ever be, any verbal agreement between You and DunnTek.

Written Agreement

You understand and agree that DunnTek will undertake no action for which we would collect payment from you without your prior written agreement to us.  You agree that your email to us authorizing us to take specific action on your behalf in response to any offer we may make constitutes your complete acceptance of these Terms and represents your legal signature of acceptance of such offer.  No agreement shall be considered to have occurred until DunnTek responds to such authorization in writing indicating that we will proceed with the services that were quoted to you.

Governing Law

Any claim relating to DunnTek’s web site shall be governed by the laws of North Carolina without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts and agree that any and all proceedings shall be undertaken at the closest location to Raleigh, NC.

Indemnity

You defend, indemnify, and hold safe DunnTek, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, real or perceived, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from, but not limited to, any access or use of our Website, Content, Material, Products, Hosting, or Services.  You understand that, while unlikely, certain risks are associated with the use of any digital marketing services, such as, but not limited to, having your website blacklisted by online providers.  You accept any and all suck risks without limitation and indemnify and hold us blameless in the execution and delivery of any Products of Services.

In doing business with us, you agree that there is no applicable industry-defined standard of care for the Products and Services we provide as may be the case in some other industries.  You agree that usage guidelines published by online service providers such as search engines and social media websites regarding the proper use of their services can be contradictory, that, as a whole, insufficient guidance and proper examples of use are given by such providers to ensure compliance with their legal terms and conditions, that such legal terms and conditions are often ambiguous and open to interpretation, and that even subject matter experts well-versed in such matters sometimes have their accounts terminated without notice.  Accordingly, you agree that such matters are entirely out of our control and that, should such action occur by such a provider, that it was not due to any negligent act by us, since any suggestion of negligence would assume the existence of an applicable standard of care or clear and consistent guidance from such providers which you agree does not exist.  Your payment to us, or your continued use of our Services in the event of any Services provided at no charge, constitutes your affirmation that you have conducted or had conducted separately on your behalf a professional inspection of our work for the preceding payment period and that such work was performed without error or omission. You recognize that we may perform work on your behalf on systems, such as social media websites, controlled by other parties who possess the ability to make changes without our knowledge or consent and that any error or omission that you may later discover shall be considered not to have been made by us.  We do not warrant any website or other digital asset to be secure against intrusion or modification by un-authorized third parties, and you hold us blameless for such acts.

Limitation of Damages

You agree, without exception, that any damages that might be awarded to you by any court of law shall be reduced to the amount of money paid to us by you during the ninety days prior to such award, and you waive the right to collect in excess of such amount.

Amendment

In some cases an Amendment may be needed to explain additional legal and financial rights and obligations associated with specific services we provide. In such case, you agree that any such applicable Amendment shall be considered to be incorporated into these Legal Terms and the terms of such Amendment shall take precedent over any language in these general Legal Terms in the event of any conflict.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in North Carolina, United States and shall be governed by and construed in accordance with the laws of North Carolina, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of DunnTek under our Legal Terms shall survive the termination of our Legal Terms.