Last Updated: February 13, 2018
Congratulations and thank you for choosing “DUCK PACK & TRACK™” to assist you in cataloging the contents of personal items you store in boxes. “DUCK PACK & TRACK™” is owned and operated by ShurTech Brands, LLC, also known as “Duck Brand,” located in Avon, Ohio. “We,” “Our” and/or “Us” as used herein refers to ShurTech Brands, LLC.
“DUCK PACK & TRACK™” consists of software you download, install and use on your smart phone, tablet or other mobile computing device (the “Mobile App”) to itemize the contents and locations of your storage boxes (“Your Data”) and a website on which you may establish an account and to which you may upload Your Data (the “Website”). The following terms and conditions govern your download and use of both the Mobile App and the Website.
IT IS YOUR OBLIGATION TO READ THESE TERMS AND CONDITIONS (the “TERMS“) CAREFULLY. BY DOWNLOADING THE MOBILE APP AND BY ACCESSING AND USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU MUST REMOVE THE MOBILE APP FROM YOUR MOBILE DEVICE(S) AND YOU MAY NOT USE THE WEBSITE. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
We grant you a limited, personal, non-sublicensable, non-exclusive, non-transferable and revocable license to download and use the Mobile App and to access and use the Website, solely in accordance with, and subject to, these Terms, but you are expressly prohibited from and agree not to: (a) copy or reproduce the Mobile App, the Website or any portion thereof; (b) resell, redistribute or otherwise attempt to transfer the Mobile App or your account on the Website; (c) modify or otherwise make any derivative uses of any portion of the Mobile App or the Website; (d) download any portion of the Website; (e) attempt to reverse engineer, reverse compile, decompile, disassemble or otherwise acquire the source code for the Mobile App or the Website; (f) collect any information, materials, data or other portions from the Mobile App or the Website (except for Your Data), including without limitation by means of techniques known as screen scraping, page scraping, deep linking, robots, spiders, or any similar program, algorithm or methodology; (g) use the Website or the Mobile App in a manner which depletes or slows its use by or operation for other users; (h) use the Mobile App or the Website in connection with any criminal, illegal, immoral or unethical activities; or (i) use the Mobile App or the Website other than for their intended purposes.
We reserve the right at any time and in our sole discretion to change or add to the features, functionality, and capabilities of, and/or to otherwise make updates to the Mobile App and the Website, but we shall have no obligation to do so. We further reserve the right in our sole discretion to discontinue the availability Mobile App and the Website upon 30 days advanced notice.
We reserve the right at any time and in our sole discretion to change or add to any provisions of these Terms. Any changes or additions will be posted to the Website and will be included in updates to your Mobile App, and will become effective immediately thereupon. The Website and Mobile App will always state the date of the most recent revision for your reference. Your continued use of the Mobile App and/or the Website thereafter constitutes your acceptance of the changes and additions. It is your obligation to regularly review these Terms in order to remain informed as to the Terms currently applicable to your use of the Mobile App and the Website. You hereby agree that, if you disagree with any changes or additions to these Terms, your sole recourse is to delete and stop using the Mobile App and the Website.
You may submit to Us reviews, comments, suggestions, and/or ideas (“Submissions”) for the App and/or the Website. By making any Submission, you represent and warrant that you own or otherwise control all of the rights to the Submission, and the Submission is accurate. If you do make any Submission, you grant us a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, and publish, such Submission, in whole or in part, throughout the world in any media, and you grant Us the right, but without any obligation, to use your name in connection with any such activity.
We take reasonable measures to operate Our Website in a manner that will securely interface with your mobile or other computing devices you use to access Our Website and to safeguard Your Data that you upload to the Website. However, We are not responsible for any loss, erasure, or destruction of Your Data or any delays, problems or other issues you may encounter in uploading or retrieving Your Data. We do not represent or warrant that the Mobile App or the Website will operate without possible “bugs”, viruses, error-free, interruptions and/or other possible problems or issues. You are solely responsible for maintaining backups of all of Your Data outside, separate, apart and independent of the Mobile App and the Website in media and in a way that insures that your backups will be readily available to you at all times in case of any loss, erasure or destruction of Your Data stored on the Mobile App and the Website or in case of any inoperability or unavailability of the Mobile App or the Website
You represent and warrant that:(a) you are authorized to use the Mobile App and the Website; (b) all of the registration and account information you supply to Us is true, accurate and complete; (c) you will maintain the security of your user name, password and/or other log in information; and (d) you accept all responsibility for all activity that occurs under your user name.Any breach of any of the above representations or warranties is grounds for immediate termination of your account or suspension of your account without any refund.
Notwithstanding any other provisions in these Terms, you understand and agree that We may provide Your Data and your account information to a court, other juristic body, or governmental agency if compelled to do so under subpoena or otherwise pursuant to applicable law, regulation or legal process. While we may endeavor to notify you of any such disclosure of Your Data and account information, if permitted, we shall have no obligation to do so.
In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are 18 years of age or older.
The entirety of the Website, including without limitation all text, audio, video, photographic, and graphical content, are Our sole and exclusive property in which we claim and preserve all copyright rights available under United States and international copyright laws. “DUCK,” “DUCK BRAND,” the Duck Character with Swoosh Banner, and “DUCK PACK & TRACK” are trademarks of ShurTech Brands LLC, registered and/or applied from in the United States and numerous foreign countries. You may not reproduce or otherwise use any of these copyrights and trademarks without Our prior written permission.
The Website and the Mobile App may provide demonstrations, explanations, examples, and/or instructions for use of the Mobile App and the Website, but You expressly understand and agree that such promotional materials are provided solely as a matter of convenience and for illustrative purposes only and do not constitute a representation, guarantee or warranty of the presence or absence of any features, functionality or capability of the Mobile App or the Website, App or of any specific user experience.
DISCLAIMER OF WARRANTIES. THE MOBILE APP AND THE WEBSITE, INCLUDING ALL FEATURES, FUNCTIONALITY, AND CAPABILITIES THEREOF, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE MOBILE APP AND THE WEBSITE ARE FREE OF BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE MOBILE APP AND THE WEBSITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE MOBILE APP AND THE WEBSITE, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (D) ANY AND ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (E) ANY AND ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (F) THAT THE MOBILE APP AND THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS DISCLAIMER OF WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
LIMITATION OF LIABILITY. IN NO EVENT WILL SHURTECH BRANDS LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ENHANCED DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE MOBILE APP AND/OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE MOBILE APP OR THE WEBSITE EXCEED THE LESSER OF (A) THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE WEBSITE OR THE MOBILE APP, AND (B) $100. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You will indemnify, defend and hold us and our officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (each an “Indemnified Party” and, collectively, the “Indemnified Parties“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, expert and other witness or consultant fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (a) your use of the Mobile App and/or the Website; (b) your conduct or inaction; (c) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (d) Your Data that you create on or with the Mobile App and/or upload to the Website.
We reserve the right, in our sole discretion and without notice or liability to you, to terminate any of your rights under these Terms, including, but not limited to, blocking or preventing your access to and use of the Mobile App and the Website.
These Terms and your use of the Mobile App and the Website will be governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of the Mobile App and the Website will be filed only in the state and federal courts in and for Lorain County, Ohio and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect. Upon any determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.