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Terms of Use

Last updated on: August 22nd, 2023

TERESA DUKE CONSULTING INC. (“Duke”/”we”/”us”/”our”) owns and operates the website www.teresaduke.com (the “Website“).  These terms of service (the “Terms of Service“/”Terms“) together with our privacy policy at <privacy policy link> which is incorporated into these Terms by reference apply to all users and viewers of the Website including individuals, partnerships, corporations or other legal entities (“You“/”Your“/”user“).  These Terms govern Your use of the Website in addition to the Services as described below.  By using this Website You agree to be bound by these Terms.  If You do not agree to be bound by these Terms, then do not use the Website or any of its content or Services.  These Terms of Service may be amended or updated by us from time to time without notice.  The Terms may have changed since Your last visit to this Website, and it is Your responsibility to review these Terms for any changes. Your use of this Website or the Services after any amendments of updates of these Terms shall signify your acceptance to such amendments or updates. The date of last update of these Terms is indicated above.  If you are accessing our services through the Website pursuant to an enterprise agreement between Duke and another enterprise (such as your employer), then to the extent these terms conflict with that enterprise agreement, the terms of that enterprise agreement shall prevail.


1. YOUR CONDUCT

In using the Website or the Service, You shall not:

1. Copy or distribute any part of the Website (including any content) without our prior consent;

2. Alter or modify any part of the Website;

3. Upload, post, email, transmit or otherwise make available on the Website: 

  1. any material that is unlawful, harmful, threatening, abusive, vulgar, pornographic, obscene, defamatory, libelous, harassing, grossly offensive, malicious, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, invasive of another’s privacy or infringes or misappropriates the copyright, trademark, proprietary or other intellectual property right of any third party;
  1. any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
  1. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  1. any 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
  1. Impersonate any person or entity or misrepresent their affiliation with a person or entity;
  1. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  1. Collect or store personal information about any other users except where they have shared such information with You; or
  1. Resell the content of the Website, the use of the Website or access to the Website or the content of the Website.


2. CHANGES TO THE WEBSITE

We reserve the right to alter, suspend, or discontinue this Website at any time and for any reason or no reason. In such cases, we will endeavour to give notice of such changes on the Website. The Website may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on this Website without notice.

3. FEEDBACK: WEBSITE AND/OR SERVICE

If You provide Us with any suggestions, comments or other feedback (“Feedback“) relating to the Website and/or Service, we may use such Feedback in the Website or in any other manner.  Accordingly, You agree that: (a) Duke is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) Duke and its successors and assigns may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any manner, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Duke.

4. LINKS TO THIRD PARTY WEBSITES & ADVERTISEMENTS

This Website may contain links to other websites and/or third party advertisements for products and services that are not owned or controlled by Duke.  We are not responsible for the content of any linked websites or advertisements.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence on the Website of a link to any third party website does not imply that Duke endorses or accepts any responsibility for the content or use of such website. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and that Duke shall not have any responsibility or liability for any losses or damages that You may incur as a result of such dealings.

5. DISCLAIMER

THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, DUKE DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DUKE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. DUKE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND DUKE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

6. LIMITATION OF LIABILITY AND INDEMNIFICATION

UNDER NO CIRCUMSTANCES SHALL DUKE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.  THESE LIMITATIONS SHALL APPLY EVEN IF DUKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND DUKE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY ACTION, CLAIM, DEMAND OR LIABILITY, INCLUDING REASONABLE LEGAL FEES AND COSTS, ARISING FROM OR RELATING TO YOUR USE, ACTS OR OMISSIONS WITH RESPECT TO THE WEBSITE OR THE SERVICES.

7. LICENSE GRANT

By submitting, posting or displaying content on or through the Website, You grant us a worldwide, non-exclusive, royalty-free license with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any content that You submit.

If You sign-up to use the Website with any information from You being publicly visible, You grant us a royalty-free right to use, publish, transmit and display the content of Your publicly accessible information on the Website including Your photograph or image for promotional purposes including promotion on the Website and through our business partners and third party sites.

Duke gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Website in accordance with these Terms. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Website in the manner permitted by these Terms.

8. TERMINATION

Duke may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof for any reason including, without limitation: (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by Duke in its sole discretion and that Duke shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms by Duke shall be in addition to any and all other rights and remedies that Duke may have.

9. SECURITY

Information sent or received over the Internet is generally insecure and Duke cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

10. ENFORCEMENT OF TERMS

No failure on the part of Duke to exercise, and no delay in exercising any right, power or partial exercise of any right, power or remedy will preclude any other or further exercise thereof or the exercise of any other right, power or remedy by Duke.  Any waiver of any right or provision by Duke must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Duke of any provision of these Terms shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

If any provision of these Terms is determined to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision shall be deemed to be severed from the rest of these Terms, and the remaining provisions shall not be affected.

12. GOVERNING LAW

The construction, validity and performance of these Terms and the Privacy Policy will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The Parties hereby irrevocably agree to attorn to the jurisdiction of the courts of the Province of British Columbia.

13. COPYRIGHT AND TRADEMARKS

This Website, and the information and materials that it contains, are the property of Duke and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws.
All Duke product names and logos are trademarks or registered trademarks of Duke.  Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except as expressly permitted by these Terms or with the prior written permission of Duke. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.