Terms of Service

Acceptance of Terms

By accessing and using resident.dev (the "Website"), operated by Resident Dev ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Website.

Description of Service

resident.dev is a website providing software development and consulting services and includes a contact form for inquiries. We also provide professional software consulting services to clients under separate written agreements.

Scope of These Terms

Important: These Terms of Service apply only to your use of our website. Professional consulting services are governed by separate written service agreements between us and our clients. These website Terms of Service do not create any consulting relationship, professional services agreement, or obligation to provide consulting services.

Acceptable Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates applicable laws or regulations
• Submit false, misleading, or spam content through our contact form
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Website's operation
• Use automated systems to access the Website without permission
• Use the Website to solicit or advertise competing services
• Violate any intellectual property rights
• Transmit viruses, malware, or other harmful code
• Engage in any activity that could harm or interfere with other users

Consequences of Violations

We reserve the right to investigate any suspected violations of these Terms. If you breach any provision of these Terms, we may take appropriate actions, including but not limited to:

• Warning you about the violation
• Temporarily suspending or permanently terminating your access to the Website without prior notice
• Reporting illegal activities to appropriate authorities
• Pursuing any other legal remedies available to us

Such actions are taken to protect the integrity, security, and proper functioning of the Website and our business.

Contact Form

Our contact form is provided for legitimate inquiries only. By submitting information through the contact form, you represent that:

• The information provided is accurate and truthful
• You have the right to provide the information
• Your use complies with applicable laws
• You are not submitting spam or automated messages

User-Generated Content

By submitting any content through the Website's contact form or other interactive features (collectively, "User Content"), you represent and warrant that you own or have the necessary rights to provide such content and that it does not violate any laws or third-party rights. You retain all ownership rights in your User Content.

However, by submitting User Content to us, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display such content solely for the purpose of responding to your inquiry, providing customer support, and operating the Website. This license does not grant us ownership of your content.

We are not obligated to use, publish, or respond to any User Content submitted, and we reserve the right to remove or refuse any User Content that violates these Terms or is otherwise objectionable.

Consulting Services

Separate Agreements Required

All professional consulting services are provided under separate written agreements.

No Obligation

Nothing on this Website creates any obligation for us to provide consulting services or for you to engage our services. All consulting relationships must be established through separate written agreements.

Intellectual Property

Website Content

The Website and its content are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Client Work

For consulting services provided under separate agreements, intellectual property ownership is governed by the specific terms of those agreements.

Disclaimer of Warranties

The Website is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Professional Services: Warranties and guarantees for consulting services are governed by separate service agreements and are not covered by these website Terms of Service.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Website.

Exception for Professional Services: Liability limitations for consulting services are governed by separate service agreements, which may contain different or additional liability provisions.

North Carolina Law Exception: Nothing in these Terms shall limit our liability for gross negligence, willful misconduct, or violations of North Carolina's Unfair and Deceptive Trade Practices Act.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Website, violation of these Terms, or violation of any rights of another party.

Third-Party Links

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such third-party sites or services.

Privacy

Your privacy is important to us. Please review our Privacy Policy at https://resident.dev/privacy, which also governs your use of the Website.

Accessibility

We are committed to making our website accessible to all users. If you encounter any accessibility barriers, please contact us at legal@resident.dev.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Modifications

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page with an updated "Last Updated" date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

Termination

We may terminate or suspend your access to the Website immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Website will cease immediately.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms or your use of the Website shall be resolved through final and binding arbitration conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA), in Charlotte, North Carolina, United States.

Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.

Exceptions: Either party may seek injunctive or equitable relief in court for intellectual property infringement or misuse, or where applicable law permits.

Governing Law: The arbitration shall be governed by North Carolina law, and the arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Website and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us at legal@resident.dev.

These Terms of Service are available at: https://resident.dev/terms