Terms of Use
WEBSITE TERMS OF USE AND DISCLAIMERS
Duncan Solutions, LLC, subsidiaries, and affiliates under common ownership ("we", "us", "our") maintain this site in an attempt to provide you with information and services on behalf of our clients. We require that all the visitors to this site adhere to all applicable laws and regulations. By accessing this site, you acknowledge and accept these Terms of Service ("Terms"). Please read them carefully.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THIS SITE.
To the extent you provide us any information through this site, you agree that we are permitted to disclose the information you provide to financial institutions, clients, customers, affiliates, vendors, contractors, educational institutions, government agencies, or other third parties as necessary in accordance with our contract requirements and any applicable law.
Use of this site and the submission of any forms completed by you through this site, if applicable, does not automatically qualify you for any program in which you seek participation or approval.
We reserve the right to modify or discontinue, temporarily or permanently, this site for any reason, at our sole discretion, with or without notice to you. We may change the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access or use of this site after any modifications are effective, is your conclusive acceptance of the modified Terms.
THE CONTENTS OF THIS SITE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. The contents belong to those indicated. The information and materials contained in this site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without express written permission from us. Your right to use this site is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, this site or use of or access to this site or any information or technology obtained from this site.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission or as otherwise directed by us. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any transaction being conducted on this site.
You agree to abide by all applicable local, state, national, and international laws and regulations in your use of this site. This site is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use this site. You agree to be solely responsible for your actions and the contents of your transmissions through this site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
You agree we may terminate your use of this site and any account that you may set up, if applicable, in our sole discretion for any reason. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, we may post notices or links to notices through this site to inform you of changes to the Terms, this site, or other matters of importance. Please see this site’s Privacy policy, which is incorporated by reference into these Terms, for the details of our commitment to your privacy.
You agree that all access and use of this site and its contents is at your own risk. By using this site, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of this site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment. Calculators and tools on this site, if applicable, provide you with ESTIMATES that may be different than actual amounts.
On this site, you will find content, functions, information, and tools, including that provided by third parties, that we do not own. While we strive to keep both our and third-party-provided information current and accurate, we cannot guarantee and expressly do not warrant that the content, functions, information, and tools, are error-free or that your access will be uninterrupted or that material accessible from this site is free of viruses.
On this site you may find numerous links which will transfer you to the website of an organization that can provide you with value-added information or functionality. By linking to these third-party websites, we do not represent or imply that there is any business relationship between any entity. We are not responsible for the content and performance of third-party websites or for your transactions with them. Furthermore, we cannot guarantee and we expressly do not warrant that they point to the intended third-party website. Links to and from this site do not constitute an endorsement from us. If you receive any account access or registration information (e.g. username or password) through this site, as applicable, you are responsible for maintaining the confidentiality of your log-in name and password and for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM ANY WARRANTY THAT THIS SITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE MAKE NO WARRANTY REGARDING ANY SERVICES
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SERVICE. NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM COLLECTIVE LIABILITY, FROM ANY OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THIS SITE ARE HEREBY EXCLUDED EVEN IF WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend, and hold us, our directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to use of this site by you or any other person accessing this site using your username and password, name, payment information, vehicle information, or other personal information. The provisions of these Terms apply for the benefit of us and our officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You represent and warrant that you possess the legal right and ability to enter into these Terms and to use this site in accordance with these Terms. This disclosure shall be governed in all
respects by the substantive laws of the Commonwealth of Virginia, without regard to its provisions relating to conflict of laws.
You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Fairfax County, Virginia. Our failure to exercise or enforce
any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of this site or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
