Terms of Service
1. Acceptance of Terms and Age Restriction
By accessing or using the services provided by W. Duncan Consulting ("we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service and our Privacy Policy.
Age Requirement - 18+ Only: Our services are intended solely for individuals who are at least 18 years of age. By using our services, you represent and warrant that you are 18 years of age or older. We do not knowingly collect information from anyone under 18.
Capacity to Accept:
You have the legal capacity to enter into a binding agreement
You are not prohibited from receiving our services under applicable laws
If you do not agree to these Terms, you must immediately discontinue use of our services
Verification: We reserve the right to request proof of age and immediately terminate accounts of users under 18. If you are a parent or guardian and believe your child has provided us with information, contact us immediately at 1-800-473-5748.
2. Services, User Responsibilities & Payment
Services Provided
W. Duncan Consulting provides comprehensive business consulting services, including:
LLC Formation: Entity selection, state filings, registered agent services, EIN acquisition, operating agreements
Business Structuring: Organizational development, governance consulting, business plans, tax optimization
Startup Funding: Funding strategy, pitch deck creation, investor introductions, loan application support
Additional Services: Licensing, permits, contract review, exit strategy planning
Not Legal or Accounting Services: We provide consulting only. Consult licensed attorneys and accountants for legal and tax matters.
Your Responsibilities
You Must:
Provide accurate, truthful, and current information
Comply with all applicable laws and regulations
Maintain account security and confidentiality
Update information promptly when it changes
Respond to our requests for documentation
Prohibited Activities:
Using services for illegal purposes
Providing false or misleading information
Interfering with or disrupting our services
Attempting unauthorized access to our systems
Harassing or abusing staff or other users
Reselling services without authorization
3. SMS Communications & Opt-Out
SMS Program Description
By providing your mobile number and opting in, you consent to receive SMS messages including:
Service Messages:
Appointment confirmations and reminders
Document requests and deadline alerts
Payment confirmations
Account security notifications
Marketing Messages (Opt-In Only):
Promotional offers and discounts
Educational content
Newsletter updates
Event invitations
Message Frequency: Up to 50 service messages per month. Marketing frequency varies.
Opt-Out Instructions
To Stop ALL SMS Messages:
Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message
You'll receive a confirmation message
Processing is immediate
To Stop Marketing Only:
Reply STOP MARKETING
Or contact support at 1-800-473-5748
To Opt Back In:
Reply START or UNSTOP
Re-enter your number on our website
Contact customer support
Message & Data Rate Disclosure
Carrier Charges Apply: Message and data rates from your mobile carrier may apply to all SMS messages. We don't charge for SMS, but your carrier may. You are responsible for all carrier fees.
Supported Carriers: AT&T, Verizon, T-Mobile, Sprint, U.S. Cellular, Boost Mobile, Cricket, MetroPCS, and other major carriers.
Carrier Liability Disclaimer
No Carrier Liability: W. Duncan Consulting is NOT liable for SMS delivery delays, failures, or errors caused by mobile carriers, network issues, carrier filtering, phone compatibility problems, or messages sent to incorrect numbers.
No Warranties: SMS services provided "as is" without guarantees of delivery timing, accuracy, or reliability.
4. Privacy Policy
Your privacy is important to us. Our Privacy Policy governs how we collect, use, and protect your personal information and is incorporated into these Terms by reference.
Access the Privacy Policy:
Mobile App: Settings > Privacy Policy
Privacy Highlights:
We don't sell your personal information
You can access, update, or delete your information
Industry-standard security measures protect your data
SMS opt-in details and cookie practices are explained
You can opt out of marketing anytime
Agreement: By using our services, you agree to our Privacy Policy. Review it carefully to understand our practices.
5. Limitation of Liability
DISCLAIMER OF WARRANTIES: Our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, including:
Warranties of merchantability or fitness for a particular purpose
Accuracy, reliability, or completeness of information
Uninterrupted or error-free service
Specific business results or outcomes
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, W. Duncan Consulting is NOT liable for:
Direct, indirect, incidental, consequential, special, or punitive damages
Loss of profits, revenue, business opportunities, or data
Cost of substitute services or business interruption
Maximum Liability: Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $500, whichever is less.
Scope:
We provide consulting and guidance only
We're not responsible for government agency decisions or delays
We don't guarantee specific business outcomes
We're not liable for your business decisions based on our advice
We're not responsible for third-party service providers
Indemnification: You agree to indemnify and hold harmless W. Duncan Consulting from any claims, damages, losses, and expenses (including attorney's fees) arising from:
Your use of our services
Your violation of these Terms or any laws
Your violation of third-party rights
Content you submit
Jurisdictional Note: Some jurisdictions don't allow limitation of liability. In such cases, our liability is limited to the maximum extent permitted by law.
6. Intellectual Property & Termination
Intellectual Property
Our Property: All content, materials, and functionality (text, graphics, logos, software, trademarks, templates, design) are owned by W. Duncan Consulting and protected by intellectual property laws.
Your License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal business purposes only.
Restrictions: You may NOT copy, modify, distribute, sell, reverse engineer, remove proprietary notices, use our trademarks without permission, or use materials for competitive purposes.
Your Content: You retain ownership of content you provide. By providing it, you grant us a license to use it solely for providing services to you.
Termination
By You:
Terminate anytime by contacting customer support
You remain responsible for fees incurred before termination
No refund unless specified in our refund policy
By Us: We may terminate immediately if you:
Violate these Terms
Provide false information
Engage in fraudulent or illegal activities
Fail to pay fees
Abuse staff or other users
Effects of Termination:
Access to services immediately ceases
Outstanding fees become due immediately
We may delete your account and data
Certain provisions survive (payment obligations, liability limits, dispute resolution)
7. Changes to Terms
We reserve the right to modify these Terms at any time for any reason, including legal requirements, service changes, or improved user protection.
Notice: Material changes will be communicated via:
Email to your registered address
Prominent website notice
In-app notification
SMS (if opted in)
Effective Date:
Material changes effective 30 days after notice
Non-material changes may be effective immediately
"Last Updated" date indicates when changes were made
Your Acceptance: Continued use after changes become effective constitutes acceptance. If you disagree:
Stop using our services
Terminate your account before changes take effect
Previous Versions: We maintain archives of prior versions. Contact us to review previous Terms.
8. Governing Law & Dispute Resolution
Governing Law
These Terms are governed by the laws of [State], United States, without regard to conflict of law provisions.
Jurisdiction: Legal actions must be brought exclusively in state or federal courts. You consent to personal jurisdiction and waive objections to venue.
Dispute Resolution Process
Step 1 - Informal Resolution: Contact us at 1-800-473-5748 to resolve disputes informally within 30 days.
Step 2 - Mediation: If unsuccessful, both parties agree to non-binding mediation. Costs shared equally.
Step 3 - Arbitration (Optional): Disputes may be submitted to binding arbitration per American Arbitration Association rules.
Exceptions: Small claims court actions, injunctive relief, intellectual property disputes, and fee collections are exempt from arbitration.
Class Action Waiver: Disputes will be conducted individually, not in class, consolidated, or representative actions. You waive class action rights.
Limitation Period: Claims must be filed within one (1) year after arising or be permanently barred.
Attorney's Fees: Prevailing party in legal action recovers reasonable attorney's fees and costs.
9. Contact Information
For questions, concerns, or support regarding these Terms or our services:
W. Duncan Consulting
Primary Phone: 1-800-473-5748
Email: [email protected]
Hours: Monday - Friday, 9:00 AM - 6:00 PM EST
10. Miscellaneous Provisions
Entire Agreement: These Terms, together with our Privacy Policy and service-specific agreements, constitute the entire agreement between you and W. Duncan Consulting.
Waiver: Our failure to enforce any right doesn't constitute a waiver of that right.
Severability: If any provision is invalid, the remaining provisions remain in full effect.
Assignment: You may not assign these Terms without our consent. We may assign without notice.
Independent Contractors: Nothing creates a partnership, employment, or agency relationship between you and W. Duncan Consulting.
Force Majeure: We're not liable for delays due to circumstances beyond our control (natural disasters, pandemics, government actions, utility failures, etc.).
Notices: Notices to you: via email, SMS, website posting, or mail to your registered address.
Notices to us: send to addresses in Section 9 (Contact Information).
Electronic Signatures: Electronic signatures, contracts, and records have the same legal effect as handwritten signatures and paper records.
Third-Party Beneficiaries: These Terms don't confer third-party beneficiary rights.
Headings: Section headings are for convenience only.
Export Compliance: You agree to comply with all export control laws.
