Terms of Service for Ducker Creative

Terms of Service

Last Updated: October 30, 2025

Please read these Terms of Service (“Terms,” “ToS”) carefully before using the https://agencybackup.blueroseauto.com/ website (the “Site”) and the digital marketing services (the “Services”) offered by Ducker Creative (“we,” “us,” or “our”).

This document is a legally binding agreement. It governs your access to and use of the Site and our Services.

Your Privacy is Important: These Terms include and incorporate by reference our Privacy Policy, which is available at https://agencybackup.blueroseauto.com/privacy-policy/. By agreeing to these Terms, you are also consenting to the collection and use of your information as described in our Privacy Policy.

Acceptance of Terms

By accessing our Site or using our Services, you (“User,” “Client,” “you”) agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms.

If you do not agree to all of these terms, do not access the Site or use our Services.

Eligibility (COPPA Compliance)

The Site and Services are intended for business and professional use. They are not directed to children under the age of 13. By using the Services, you represent and warrant that you are at least 18 years of age. We do not knowingly collect information from children under 13, in compliance with the Children’s Online Privacy Protection Act (COPPA).

Description of Services

Ducker Creative provides a range of digital marketing services, which may include, but are not limited to, search engine optimization (SEO), pay-per-click (PPC) advertising management, content marketing, social media marketing, and email marketing (“Services”).

The specific scope, fees, and details of Services for a Client will be defined in a separate written Statement of Work (“SOW”) or Service Agreement, which is governed by and incorporates these Terms.

Client Responsibilities and Warranties

As a Client receiving our Services, you agree to the following:

  • Accurate Information: You will provide accurate, complete, and current information as required for account setup and service delivery.
  • Access: You will provide us with timely access to necessary materials, data, and platforms (e.g., website backend, ad accounts, analytics) required to perform the Services.
  • Client Content: You are solely responsible for all content, data, logos, trademarks, and materials you provide to us (“Client Content”).
  • Legal Compliance (Your Warranty): You represent and warrant that:
    • You own or have all necessary rights and permissions to use and provide the Client Content.
    • The Client Content does not infringe upon any third-party rights, including copyright, trademark, or privacy rights.
    • Your business practices and the Client Content comply with all applicable laws and regulations, including but not limited to the CAN-SPAM Act (for email marketing), the TCPA (for text/call marketing), and all applicable data privacy laws (like CCPA/CPRA). You warrant that you have obtained all necessary consents from your customers to allow us to process their data on your behalf as described in our Privacy Policy.

Fees, Payment, and Refunds

  • Fees: Client agrees to pay the fees for Services as set forth in the applicable SOW or Service Agreement.
  • Payment: Payment terms (e.g., monthly retainer, project milestones) will be specified in the SOW. Invoices are due upon receipt unless otherwise stated.
  • Late Payments: Overdue invoices may be subject to a late fee or interest charge (e.g., 1.5% per month) as permitted by law. We reserve the right to pause or terminate Services for non-payment.
  • No Refunds: All fees paid are non-refundable. You are paying for services rendered, not for a guaranteed result.

Intellectual Property

  • Our IP: We retain all rights, title, and interest in and to our Site, our proprietary tools, methodologies, pre-existing materials, and any content we create that is not considered “Work Product” (“Ducker Creative IP”).
  • Client IP: You retain all rights, title, and interest in and to your Client Content. You grant us a limited, non-exclusive, royalty-free license to use, copy, modify, and display the Client Content solely for the purpose of performing the Services.
  • Work Product: Upon full and final payment, we grant to you a license (or ownership, as defined in the SOW) for the final, deliverable materials created specifically for you as part of the Services (“Work Product”). We retain the right to use the Work Product and related results as part of our portfolio and for marketing our own services.

Third-Party Platforms and Links

  • Third-Party Platforms: Our Services may involve the use of third-party platforms (e.g., Google Ads, Meta, LinkedIn, email marketing software). Your use of these platforms is governed by their respective terms of service. We are not responsible for the actions, policies, or service interruptions of any third-party platform.
  • Links on Our Site: Our Site may contain links to third-party websites. We do not control or endorse, and are not responsible for, the content or privacy practices of these sites.

Copyright Policy (DMCA Notice)

Ducker Creative respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement.

If you believe your copyrighted work has been infringed, please provide our designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing and where it is located on the Site.
  4. Your contact information (address, telephone number, and email address).
  5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner.
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent can be reached at: info@duckercreative.com.

Term and Termination

  • Term: These Terms remain in effect as long as you use our Site. For Services, the term will be defined in the SOW.
  • Termination by Us: We may suspend or terminate your access to the Site or Services immediately, without prior notice, for any breach of these Terms, non-payment, or violation of any law.
  • Termination by You (Client): You may terminate your Services as provided in the SOW.
  • Effect of Termination: Upon termination, you must pay for all Services rendered up to the termination date. All sections of these Terms which by their nature should survive termination shall survive, including, without limitation, Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification.

DISCLAIMER OF WARRANTIES (NO GUARANTEES)

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO GUARANTEES OF RESULTS: DUCKER CREATIVE DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES. YOU ACKNOWLEDGE THAT DIGITAL MARKETING IS SUBJECT TO NUMEROUS FACTORS OUTSIDE OUR CONTROL, AND WE MAKE NO GUARANTEES REGARDING WEBSITE RANKINGS, CONVERSION RATES, ADVERTISING PERFORMANCE, OR ANY OTHER OUTCOME. ANY ESTIMATES OR PROJECTIONS ARE NOT A GUARANTEE OF FUTURE PERFORMANCE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DUCKER CREATIVE, ITS OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA, OR GOODWILL) ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US UNDER THE APPLICABLE SOW DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Ducker Creative and its employees, officers, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. Your breach of these Terms;
  2. Your Client Content, including any claim of infringement or violation of a third party’s rights; or
  3. Your violation of any applicable law or regulation.

Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Oregon, without regard to its conflict of law provisions.

Binding Arbitration: Any dispute arising from or relating to these Terms or the Services shall be resolved through final and binding arbitration, rather than in court. The arbitration will be conducted by a single arbitrator in accordance in the rules of the American Arbitration Association.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

General Provisions

  • Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you by updating the “Last Updated” date at the top of this page. Your continued use of the Site or Services after any change constitutes your acceptance of the new Terms.
  • Entire Agreement: These Terms, our Privacy Policy, and any applicable SOW constitute the entire agreement between you and Ducker Creative.
  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us:

Ducker Creative
3436 Olympic St, Springfield, OR 97478, United States
info@duckercreative.com
(541) 234-8407