Welcome to Duffy and Company








Policy, Terms & Conditions PRIVACY POLICY What information do you collect automatically? For each visitor to our web page, our web server automatically recognizes the consumer's domain name but not the e-mail address. It also logs aggregate information on what pages consumers access or visit, but does not record. which pages individual consumers access or visit. What other information do you collect? You can voluntarily chose to become a registered member. In doing so, we collect the name, e-mail address, city, state, zip code, date of birth, and certain voluntary personal information. We also collect the email addresses of those who communicate with us via e-mail, and profile information volunteered by the consumer. What do you do with this information?- The information we collect is used for internal review and to improve the content of our web page. The information we collect is not shared with other persons, companies, or organizations except when required by a law enforcement agency in the process of a criminal investigation. Do you use cookies?- We use cookies to store certain information about registered members, visitors preferences, and to customize web page content based on the visitors' browser type or other information that the visitor sends. All cookies are encrypted so they can't be used by another website. What do you do with my personal information?- All of the information collected remains confidential and is not shared with anyone other than the web site administrators. All of our web site administrators are instructed to maintain this confidentiality and are terminated if they are found in violation of this privacy policy. We do not sell your personal information, but we do use it for marketing purposes. We send newsletters and other important system messages via email, but you have the option of not receiving these messages. You also have the option of which information is shared publicly in your profile. This information is used for internal marketing purposes and to provide services to our members. Do you partner with ad services which may collect information about me?- While we may partner with some ad services from time to time, they will only have access to information you consent to provide them. What will happen if this privacy policy changes? From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this privacy notice. If our information practices change at some time in the future we will post the policy changes to our web site and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our web site periodically. For these new purposes, we will use only data collected from the time of the policy change forward. Can I find out what information you have about me? Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, including unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, contact information (e.g., name, address, phone number) that we maintain about them, and a complete description of all of the information that we maintain about them. Consumers can access this information by sending us a message. We will attempt to verify the identity of the person requesting your information before we provide said information. Consumers can have this information corrected by sending us e-mail at the above address. TERMS OF SERVICE By using and/or registering to become a member of the site, you are stating that you understand and agree to be bound by the terms and conditions of this user agreement (the "agreement"). Please read the agreement. If you disagree with anything in this agreement, please do not use the site or any services provided in connection with the site. SERVICES To use the Site, you do not have to register to become a DuffyandCompany.com member ("Member"). As a Member, however, you will have access to various services to which non-Members do not have access, some of which will enable you and other site members to interact with each other ("Member Areas"). These Member Areas and services can include and at our discretion, the following: Site News Site Pages Message Boards (Forums) Profiles Downloads Links Directory The above list is not comprehensive of all the services provided. We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that DuffyandCompany.com shall not be liable to you or to any third party for any such action. If you would like to register to become a Member, please complete our membership registration form. When you do, you agree to: provide true, accurate, current and complete information as prompted by the registration form, maintain and update such information to keep it true, accurate, current, and complete at all times, and that you are the age that you state. If any information provided by you on the registration form is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration. DuffyandCompany.com makes a good faith effort to prohibit registration as a Member by, and will not knowingly connect or store personal information from, children as governed by law. FEES We reserve the right at any time to charge fees for access to Site content or services or to portions of the existing Site content or services or the Site as a whole. In no event will you be charged for access to any Site content or service, or to the Site as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or service. SITE RULES Following are some basic rules that apply to the Site and that you agree to follow. If you violate any of the Site rules, or if we have reasonable grounds to so believe, we have the right to deny you access to the Site, to suspend or terminate your membership and to refuse to provide you with any future membership. You agree not to use the Site to upload, store, post, email or otherwise transmit any: ... material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable; ... material that you do not have a right to transmit under any law or under contractual or fiduciary relationships; ... material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted; ... or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Additionally, you agree not to: ... impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; ... forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site; ... disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; ... interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; ... try to gain access to areas that are private to DuffyandCompany.com administrators or to other DuffyandCompany.com users; ... violate any applicable local, state, national, or international law or any regulation having the force of law; ... stalk or otherwise harass another; ... harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Site); ... collect or harvest screen names; collect or store personal data about other users of the Site; or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent; ... engage in or run raffles, lotteries, contests or sweepstakes; ... promote or provide instructions of information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act; or ... store any information or use any Web page or directory you create for remote loading or as a door or signpost to another Web page, whether inside or outside the Site. You acknowledge that we do not prescreen material posted or transmitted on the Site, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Site, including but not limited to message board posts, profiles, and member-to-member messages. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: ... comply with legal process; ... enforce this Agreement; ... respond to claims that any material violates the right of third parties; or ... in our sole judgment, protect the rights, property, or personal safety of DuffyandCompany.com, its users and the public. PRIVACY Our Privacy Policy states in full our policy regarding Member privacy; see that document for more details. REFUNDS Our Refunds Policy states in full our policy regarding refunds of membership fees, fees paid for services, and/or fees paid for products; see that document for more details. PUBLIC AREAS A Public Area ("Public Area") of the Site is any area where you may submit material ("Submissions") for viewing by others or view Submissions of other DuffyandCompany.com users, such as profiles, forums, or award programs. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with the Agreement and any policies for the Public Areas that are displayed on the Site. BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY DuffyandCompany.com AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION. By making a Submission to any Public Area, you automatically grant DuffyandCompany.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the DuffyandCompany.com Site to access, view, store, or reproduce the Submission for that user's personal use. LINKS Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location of its contents. DuffyandCompany.com shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, for your use of such information, or for e-commerce transactions conducted at or through any linked site or location. DISCLAIMER OF WARRANTIES You expressly agree that your use of the site, including, without limitation, any material and/or data developed by DuffyandCompany.com or by third parties ("information providers"), is at your sole risk. The site, and any content or materials available through the site, are provided on an "as is" and "as available" basis and without warranty of any kind, express, implied or statutory. DuffyandCompany.com and the information providers hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or noninfringement, or any warranty as to results that may be obtained through the use of the site. DuffyandCompany.com does not represent or warrant that the site will function without interruption, that the site is error- or defect-free, that any such defects or errors will be corrected, or that the site and the server(s) that make the site available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from DuffyandCompany.com or otherwise through your use of the site shall create any warranty on the part of DuffyandCompany.com or the information providers. Further, DuffyandCompany.com and the information providers do not warrant or represent that the use or the results of the use of any content or materials made available through the site or from third parties will be correct, accurate, timely, reliable or otherwise. LIMITATIONS ON LIABILITY In no event shall DuffyandCompany.com, the information providers or any other person or entity involved in creating or distributing the site be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use or inability to use the site, any changes to the site or this agreement, unauthorized access to or alteration of your transmission of data, any material or data sent or received or not sent or received, or any transactions entered into through the site. DuffyandCompany.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the site or the services, content or materials available on or through the site, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations on liability shall be applicable even if DuffyandCompany.com or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. ALLOCATION OF RISK You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set forth in this agreement represent and agreed upon allocation of risk between you and DuffyandCompany.com and form an essential part of the basis of their bargain, without which DuffyandCompany.com would not enter into this agreement or provide the site. OWNERSHIP OF MATERIALS The contents of the Site, including without limitation text, software, photos, graphics, and all other audiovisual elements are copyrighted by DuffyandCompany.com as a collective work under the United States copyright laws. Except for material in the public domain, DuffyandCompany.com and its licensors hold copyrights to all content appearing on the Site. DuffyandCompany.com permits, without charge, the reproduction and distribution of DuffyandCompany.com material contained on the Site for non-commercial educational and personal uses; provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright notice appearing on such materials and by the Site's URL (http://{siteurl}). The only exception to this is any DuffyandCompany.com Award graphic, link, text, criteria, rules, etc.. We retrain and reserve all rights to this information. Other reproduction, distribution, retransmission, modification, public display, and public performance of such materials is prohibited without the prior written consent of DuffyandCompany.com. To obtain such consent, please contact us. REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED DuffyandCompany.com respects the intellectual property rights of others. Pursuant to Title 17 U.S.C.512, as amended by Title II of the Digital Millennium Copyright Act ("the Act"), DuffyandCompany.com has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a Member, please contact us. The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. 512(c)(3)(A), which provides: ... To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ... Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. ... Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. ... Information reasonably sufficient to to permit the service provider to contact the complaining party such as an address, telephone number, and if available, electronic e-mail address at which the complaining party may be contacted. ... A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. ... A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ... Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form information each time you wish to report alleged acts of infringement. Please note that DuffyandCompany.com will terminate in appropriate circumstances the account of any Member who repeatedly posts infringing material on the Site. INDEMNIFICATION You agree to hold harmless DuffyandCompany.com and its Information Providers and any other person or entity involved in creating or distributing the Site, as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account's) use of, or conduct with respect to, the Site. MODIFICATION OF AGREEMENT You agree that DuffyandCompany.com may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on the Site for a period of five (5) consecutive days. Continued use of the Site after such notice will constitute your acknowledgment and acceptance of the revised terms and condition. GENERAL This Agreement contains the complete and final statement of the understanding between you and DuffyandCompany.com with respect to, and supercedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and DuffyandCompany.com concerning, the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by DuffyandCompany.com of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of DuffyandCompany.com to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement. DOWNLOAD POLICY DuffyandCompany.com, and its subsidiaries, affiliates and licensors (collectively, "DuffyandCompany.com") grants you a non- transferable non-exclusive license to download and/or install and use one copy of the software tool ("Tool") and/or materials ("Materials") (collectively the "Tools & Materials") solely for your personal noncommercial use in connection with DuffyandCompany.com's products, in accordance with the terms below. THESE TOOLS & MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DuffyandCompany.com SPECIFICALLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. ANY USE YOU CHOOSE TO MAKE OF THESE TOOLS & MATERIALS IS UNDERTAKEN BY YOU ENTIRELY AT YOUR OWN RISK. DuffyandCompany.com DOES NOT WARRANT THAT THESE TOOLS & MATERIALS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, SOFTWARE OR OTHER TECHNOLOGY. DuffyandCompany.com RESERVES THE RIGHT TO NOT PROVIDE SUPPORT FOR THESE TOOLS & MATERIALS AT OUR DISCRETION. IN NO EVENT SHALL DuffyandCompany.com BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THIS LICENSE EVEN IF DuffyandCompany.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DuffyandCompany.com RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF THESE TOOLS & MATERIALS, OR MODIFY THEM, AT ANY TIME, WITHOUT OBLIGATION TO ANYONE. At DuffyandCompany.com's request, you agree to defend, indemnify and hold harmless DuffyandCompany.com from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this License by you and/or your use or misuse of the Tools & Materials. DuffyandCompany.com may make the Tools & Materials available at its site(s) located in the United States and/or Canada and/or the European Union. You are solely responsible for knowing and complying with all federal, state, and local laws that may apply to your use of Tools & Materials in your own locale. By downloading any Tools & Materials, you warrant that you are not located in any country, or exporting the Tools & Materials to any person or place, to which the United States and/or Canada and/or European Union or its member countries has embargoed goods. DuffyandCompany.com may revoke or terminate this license at any time, for any reason or no reason, in its sole discretion. Upon termination, you must destroy or return to DuffyandCompany.com all Tools & Materials. This License is governed by United States Copyright law (without regard to conflicts of law) and is considered an addendum to our Service Agreement. UPLOAD POLICY This Upload Policy reflects the policy of DuffyandCompany.com with respect to the submission and uploading of media for inclusion on our web site http://www.duffyandcompany.com/ for the purpose of sharing the media with other users of DuffyandCompany.com. By submission and uploading of media you indicate your acceptance of this Upload Policy and certify that (1) you have read this Upload Policy and agree to its terms and (2) you will submit and upload media only in accordance with the terms of this Upload Policy. You acknowledge and accept that the media submitted by you will be available to all visitors of http://www.duffyandcompany.com/ and that the visitors will be permitted to use, copy, reproduce, publicly display, publicly perform, (re)distribute and/or (re)transmit the media submitted by you without any restrictions. You acknowledge and accept that DuffyandCompany.com accepts no liability for any use or misuse made of the media submitted by you by visitors of http://www.duffyandcompany.com/. You warrant and represent that no obligation of confidentiality or limitation of use exists with respect to the media submitted by you. You warrant and represent that you have full authority and rights to grant permission for DuffyandCompany.com and all visitors of http://www.duffyandcompany.com/ to use, copy, reproduce, publicly display, publicly perform, (re)distribute and/or (re)transmit the media submitted by you without any restrictions and that the media do not infringe on any proprietary and/or intellectual property rights of third persons. You acknowledge and accept that DuffyandCompany.com assumes no obligation to (1) compensate you in any way for the use of the media submitted by you by DuffyandCompany.com and visitors of http://www.duffyandcompany.com/ or (2) remove the media submitted by you from http://www.duffyandcompany.com/. You acknowledge and accept that DuffyandCompany.com reserves the right to reject uploading of the media submitted by you, or to remove uploaded media, for any reason without prior notice to you. You agree to follow the then current Upload Policy and Service Agreement and warrant that any and all information given by you to DuffyandCompany.com is true and accurate. You agree to defend, indemnify, and hold harmless DuffyandCompany.com, its officers, directors, employees, agents, licensees, and assigns from and against any and all liability, claims, expenses, costs or damages arising out of any misrepresentation or breach of any of the terms of this Upload Policy. Respond to this article