Last updated March 12, 2025
These Terms and Conditions (“Legal Terms”) constitute a legally binding agreement between you (“you”) and Downsize Dayton LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of our website and any related products and services that refer or link to these Legal Terms (collectively, the “Services”). By accessing the Services, you agree that you have read, understood, and are bound by all these Legal Terms. If you do not agree, you are expressly prohibited from using the Services and must discontinue use immediately.
We reserve the right to make changes to these Legal Terms at any time for any reason. The date at the top of this page indicates when these Legal Terms were last updated. Continued use of our Services after any changes constitutes your acceptance of the revised Legal Terms.
For any inquiries regarding these Legal Terms, please contact us at:
Service@DownsizeAllies.com
1. OUR SERVICES
The information provided through our Services is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services. You agree that your use of the Services does not violate any applicable laws or regulations. If you access our Services from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws, if applicable.
2. INTELLECTUAL PROPERTY RIGHTS
All content, designs, text, graphics, software, and trademarks within our Services (“Content” and “Marks”) are owned or licensed by us and are protected by intellectual property laws. We grant you a limited, non-transferable license to access and use our Content and Marks solely for your personal, non-commercial use or internal business purpose. Any other use (such as copying, reproducing, distributing, or exploiting the Content and Marks) without our express written permission is strictly prohibited.
If you directly send us any questions, comments, suggestions, or other information (“Submissions”), you agree that all intellectual property rights in those Submissions are assigned to us. You also agree that:
• Your Submissions do not violate the law or any rights of third parties.
• You have the legal right to provide those Submissions.
• We may use or disclose your Submissions for any lawful purpose without acknowledgment or compensation to you.
3. USER REPRESENTATIONS
By using our Services, you represent and warrant that:
- You have the legal capacity to agree to these Legal Terms.
- You are not a minor in the jurisdiction where you reside.
- You will not use the Services for any illegal or unauthorized purpose.
- Your use of the Services will not violate any applicable law or regulation.
If any information you provide is untrue or incomplete, we may suspend or terminate your access to the Services.
4. PROHIBITED ACTIVITIES
You agree that you will not:
• Use the Services for any purpose other than what we make available.
• Circumvent, disable, or interfere with the security of the Services.
• Use data extraction tools (robots, scraping, etc.) or engage in unauthorized framing.
• Upload viruses, Trojan horses, or any disruptive software.
• Impersonate another user or otherwise mislead.
• Violate any applicable laws or regulations in your use of the Services.
Any violation may result in suspension or termination of your right to use our Services.
5. USER GENERATED CONTRIBUTIONS
If the Services allow you to submit or post content (“Contributions”), you warrant that:
• You own or have permission to use the rights to the Contributions you submit.
• Your Contributions do not violate any law, third-party rights, or these Legal Terms.
• Your Contributions are not obscene, hateful, or otherwise objectionable.
We are not liable for statements or representations in user Contributions, and we reserve the right to take action if your Contributions violate these Legal Terms.
6. THIRD-PARTY WEBSITES AND CONTENT
Our Services may include content from or links to third parties. We do not monitor or guarantee the accuracy of any third-party content and are not responsible for any purchases you make from third parties. Accessing third-party websites is at your own risk, and those websites are governed by their own terms and privacy practices.
7. SERVICES MANAGEMENT
We reserve the right to manage our Services in ways that protect our rights and property and ensure the proper functioning of our Services. This may include monitoring for violations of these Legal Terms and removing or restricting access to certain content without notice.
8. PRIVACY
Use of the Services is also governed by our Privacy Policy. By using our Services, you agree that we can collect, use, and share your personal data consistent with our Privacy Policy. If you are located outside the United States, your data may be transferred to and processed in the United States.
9. TERM AND TERMINATION
These Legal Terms remain in effect as long as you use our Services. We may suspend or terminate your access for any reason, including breach of these Legal Terms or applicable law, without notice or liability. Upon termination, you may not create a new account or otherwise attempt to access the Services without our permission.
10. MODIFICATIONS AND INTERRUPTIONS
We may update or remove parts of the Services at our sole discretion, without notice. We are not liable for any unavailability, modification, or discontinuation of the Services. You agree that we have no obligation to provide updates or corrections.
11. GOVERNING LAW
These Legal Terms are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any claims or disputes arising from these Legal Terms must be brought in the state or federal courts located in Montgomery County, Ohio.
12. DISPUTE RESOLUTION
Any legal actions involving these Legal Terms must be filed in the state or federal courts in Montgomery County, Ohio. You consent to personal jurisdiction in these courts and waive any defenses of inconvenient forum.
13. CORRECTIONS
We reserve the right to correct any errors, inaccuracies, or omissions on our Services and to change or update information at any time, without prior notice.
14. DISCLAIMER
The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy or completeness of any content. You assume all risks of using the Services.
15. LIMITATIONS OF LIABILITY
We will not be liable for any damages of any kind arising from your use of the Services. This limitation of liability applies to all damages, direct or indirect, including lost profits or data.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any claim arising out of your breach of these Legal Terms or your misuse of the Services. We may assume the exclusive defense of any claim, and you agree to cooperate.
17. USER DATA
We perform routine backups of data but make no guarantee these backups will be complete or error-free. You are responsible for any data you transmit relating to the Services. We are not liable for any loss of such data.
18. ELECTRONIC COMMUNICATIONS
Your use of the Services constitutes electronic communications. You agree we may send you required notices and disclosures electronically. You also agree to the use of electronic signatures and contracts for all transactions conducted through our Services.
19. SMS TERMS AND CONDITIONS
Consent of SMS Communication
We collect phone numbers for SMS-related communications only when you have expressly opted in. We DO NOT share phone numbers collected for SMS purposes with third parties or affiliates for marketing purposes. We never sell your information for any purpose. We strictly use SMS communications for direct, service-related interactions, such as responding to inquiries, scheduling, or coordinating services. We DO NOT send SMS messages for promotions, marketing, or advertising of any kind.
Types of SMS Communication
We strictly use SMS communications for direct, service-related interactions, such as responding to inquiries, scheduling, or coordinating services. We DO NOT send SMS messages for promotions, marketing, or advertising of any kind.
Standard Messaging Disclosures
• Message and data rates may apply.
• You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our privacy policy: Privacy Policy – Downsize Allies.
You may opt-in to receive SMS messages from Downsize Allies in the following ways:
– By submitting an online form, texting us first, or we ask verbally.
• For assistance, reply “HELP” or visit Privacy Policy and Terms and Conditions or contact us at Service@DownsizeAllies.com.
Message frequency may vary.
20. CALIFORNIA USERS AND RESIDENTS
If any complaint is not resolved to your satisfaction, contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
21. MISCELLANEOUS
These Legal Terms constitute the entire agreement between you and us regarding the Services. Our failure to enforce any right does not act as a waiver. If any part of these Legal Terms is deemed unlawful or unenforceable, the remaining provisions remain valid and enforceable. No joint venture, partnership, or agency relationship is created as a result of these Legal Terms.
22. CONTACT US
For questions, comments, or concerns about these Legal Terms or our Services, please contact us at:
Service@DownsizeAllies.com
Downsize Dayton LLC (O/A Downsize Allies)
7007 Corporate Way
Dayton, OH 45459
United States