Last updated: June 15, 2026
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you," "your," or the "User") and Jeffrey Dulaney and EactiveNet, Inc., an Arizona corporation having its principal place of business in Goodyear, Arizona, United States (collectively, "we," "us," "our," "EactiveNet," or the "Company"). These Terms govern your access to and use of the website located at jeffreydulaney.com and any subdomains, content, features, functionality, and services that we make available through that website (collectively, the "Site" and the "Services").
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SECTION 17) THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A LAWSUIT IN COURT. THEY ALSO LIMIT OUR LIABILITY TO YOU (SECTIONS 11 AND 12).
By accessing, browsing, or otherwise using the Site or the Services, by clicking "I agree" (or a similar affirmation) where presented, or by submitting any information to us through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all documents incorporated herein by reference, including our Privacy Policy and Cookie Policy.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. Your continued use of the Site following the posting of any revised Terms constitutes your acceptance of those changes, as further described in Section 18.
For purposes of these Terms, the following capitalized terms have the meanings set forth below. Other capitalized terms are defined where they first appear.
The Site and the Services are intended solely for Users who are at least eighteen (18) years of age, or the age of majority in their jurisdiction of residence, whichever is greater. By accessing or using the Site, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding contract.
If you access or use the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity. If you do not have such authority, you must not access or use the Site on the entity's behalf.
The Site is an informational and promotional website that presents information about Jeffrey Dulaney, EactiveNet, Inc., the Affiliated Companies, the Products, and the professional offerings of the Company. Through the Site and pursuant to one or more Separate Agreements, we may offer a range of professional services (collectively, "Professional Services"), which may include, without limitation:
The Site may also contain links to the Affiliated Companies and the Products, which may be operated under their own separate terms, policies, and agreements. Nothing on the Site constitutes an offer, solicitation, or commitment to provide any Professional Service except as expressly set forth in a Separate Agreement executed by both parties.
We are continually evolving the Site, the Content, and the Services. We reserve the right, at any time and in our sole discretion, to modify, suspend, or discontinue the Site or any feature, function, Content, or portion thereof, with or without notice and without liability to you or any third party. We may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability.
We are under no obligation to maintain, update, correct, or support the Site or any Content, and we may remove or alter any Content at any time for any reason or for no reason.
You agree to access and use the Site and the Services only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not permit, encourage, or assist any third party to, do any of the following:
We reserve the right, but assume no obligation, to investigate any suspected violation of these Terms and to take any action we deem appropriate, including reporting suspected unlawful activity to law enforcement authorities and cooperating with any investigation.
The Site and all Content are owned by, or licensed to, Jeffrey Dulaney and EactiveNet, Inc. and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property and proprietary rights laws. All rights not expressly granted to you in these Terms are reserved by us and our licensors.
Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and to view, download, and print Content solely for your personal, non-commercial, informational use. This license does not include any right to: (a) resell or make any commercial use of the Site or any Content; (b) modify, adapt, translate, or create derivative works of any Content; (c) remove, obscure, or alter any copyright, trademark, or other proprietary notice; or (d) use any data mining, robots, or similar data gathering or extraction methods.
"Jeffrey Dulaney," "EactiveNet," the names of the Affiliated Companies and Products, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, and marks appearing on the Site are the trademarks of their respective owners.
The Site may permit you to submit User Submissions to us, including through the contact form or by email. You are solely responsible for your User Submissions and for the consequences of submitting them.
By transmitting a User Submission to us, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, store, modify, adapt, publish, and otherwise exploit the User Submission in connection with operating, providing, improving, and promoting the Site and the Services, in any media now known or hereafter developed, without compensation, attribution, or further notice to you, except to the extent prohibited by applicable law or as otherwise provided in our Privacy Policy.
You represent and warrant that: (a) you own or otherwise control all rights in and to your User Submissions; (b) your User Submissions are accurate and not misleading; and (c) your User Submissions do not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, and do not violate these Terms or any applicable law.
We are under no obligation to monitor, review, store, or maintain any User Submission, and we reserve the right, in our sole discretion, to remove, refuse, or disable access to any User Submission at any time and for any reason without notice. Please do not submit any confidential, proprietary, or sensitive information through the Site that you do not wish to be treated in accordance with these Terms and our Privacy Policy.
The Site may contain links to third-party websites, applications, services, resources, or content, including the Affiliated Companies, the Products, and external platforms (collectively, "Third-Party Services"). Such links are provided solely for your convenience and information.
We do not control, operate, endorse, or assume responsibility for any Third-Party Services, including their content, privacy practices, terms, accuracy, availability, or reliability. Third-Party Services are provided on an "AS IS" basis, and your access to and use of any Third-Party Service is entirely at your own risk and subject to the terms and policies of the applicable third party. The inclusion of any link does not imply our endorsement, affiliation, sponsorship, or recommendation. We disclaim all liability arising from or relating to your use of any Third-Party Service.
Any Professional Services that we provide to you will be governed by a Separate Agreement executed between the parties. In the event of any conflict or inconsistency between these Terms and a Separate Agreement with respect to the subject matter of that Separate Agreement, the terms of the Separate Agreement shall control and govern.
No contractual, fiduciary, advisory, agency, partnership, joint venture, employment, or client relationship is formed between you and us merely by your access to or use of the Site or by your submission of an inquiry. A client engagement arises only upon the execution of a Separate Agreement and, where applicable, the receipt of any required deposit or retainer.
The Content and any information provided through the Site are for general informational purposes only and do not constitute professional, legal, financial, tax, investment, accounting, or other advice. You should not act or refrain from acting on the basis of any Content without seeking appropriate professional advice tailored to your particular circumstances.
THE SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, JEFFREY DULANEY, THE AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, THE CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY AND THE OTHER RELEASED PARTIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE CONTENT, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US, IF ANY, FOR ACCESS TO OR USE OF THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
You agree to defend, indemnify, and hold harmless the Company, Jeffrey Dulaney, the Affiliated Companies, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Site, the Content, or the Services; (b) your User Submissions; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) your negligence, willful misconduct, or fraud.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You may not settle any claim that affects the Indemnified Parties or admits fault on their behalf without our prior written consent. This indemnification obligation survives the termination of these Terms and your use of the Site.
Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Site and the Services are described in our Privacy Policy and our Cookie Policy, each of which is incorporated into these Terms by reference. By using the Site, you acknowledge that you have reviewed the Privacy Policy and consent to the practices described therein.
We may, in our sole discretion and without prior notice or liability, suspend, restrict, disable, or terminate your access to all or any part of the Site or the Services at any time and for any reason or for no reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
Upon any termination or suspension, your right to access and use the Site immediately ceases, and you must cease all use of the Site and Content. Any provision of these Terms that by its nature should survive termination shall survive, including, without limitation, Sections 6 through 13 and 16 through 19, and all accrued rights and obligations. Termination does not relieve you of any obligation under any applicable Separate Agreement.
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Content, or the Services, whether sounding in contract, tort, statute, or otherwise, shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Subject to the binding arbitration provision in Section 17, you and we agree that any judicial action or proceeding shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you and we irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Informal Resolution. Before initiating any arbitration or other formal proceeding, you agree to first contact us through our Contact page and provide a written description of the dispute and the relief you seek. You and we will attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days from the date of such notice before commencing arbitration.
(b) Agreement to Arbitrate. Except as otherwise provided in this Section, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site, the Content, or the Services (a "Dispute") that is not resolved informally shall be resolved exclusively by final and binding individual arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce.
(c) Arbitration Procedures. The arbitration shall be administered by a nationally recognized arbitration provider mutually agreed upon by the parties (such as the American Arbitration Association) under its rules then in effect, as modified by these Terms. The arbitration shall be conducted by a single neutral arbitrator. The seat of arbitration shall be Maricopa County, Arizona, although you may elect to participate by telephone or video, and any in-person hearing involving a consumer may be held in the county of your residence. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
(d) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and adjudicated in court, while the remaining claims shall be arbitrated.
(e) Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE CONTENT, OR THE SERVICES.
(f) Small-Claims Carve-Out. Notwithstanding the foregoing, either party may bring an individual action in a small-claims court for disputes or claims that fall within the jurisdiction of that court, so long as the action remains in that court and is brought on an individual (non-class, non-representative) basis.
(g) Injunctive and Intellectual Property Relief. Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or other proprietary rights.
(h) 30-Day Right to Opt Out. You have the right to opt out of and not be bound by the arbitration and class action waiver provisions of this Section by sending written notice of your decision to opt out through our Contact page within thirty (30) days after first accepting these Terms. Your notice must include your name, the email address or account associated with your use of the Site, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor we will be bound by the arbitration and class action waiver provisions, but the remaining provisions of these Terms will continue to apply.
(i) Survival. This Section shall survive the termination of these Terms and your use of the Site.
We may revise and update these Terms from time to time in our sole discretion. When we do, we will revise the "Last updated" date at the top of this page and, where appropriate, provide additional notice (such as a notice on the Site). All changes are effective immediately upon posting, unless otherwise stated.
Your continued access to or use of the Site after any revised Terms are posted constitutes your acceptance of, and agreement to be bound by, the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. It is your responsibility to review these Terms periodically to stay informed of any updates.
If you have any questions, concerns, or comments about these Terms, or wish to provide any notice required hereunder, please contact us:
We will make reasonable efforts to respond to your inquiry in a timely manner.