KICK START YOUR ECOMMERCE TERMS OF SERVICE
By using kickstartyourecommerce.com, referred herein as “Site”, all individuals who visit this Site, referred herein as “user”, “you”, and “your”, agree to abide by these Terms and Conditions of using Site. The terms “we”, “us”, and “our” refer to Kick Start Your Ecommerce. The term “shall” means “must”. Accessing this Site establishes a use of the Site and an acceptance of the Terms provided herein.
By using the Site you acknowledge that you have read these Terms and Conditions and agree to the Terms and Conditions without any modification.
This agreement is written in United States English. If any translated version of this agreement exists and conflicts with the English version, the English version controls.
We reserve the right to change these Terms and Conditions or to enforce new conditions on use of the Site at any time. If there are any changes to these Terms and Conditions at any time, we will post the revised Terms and Conditions on this Site. You agree to accept the new Terms and Conditions with the modifications if you continue to use the Site after the new Terms are posted.
To access or use this Site you must be eighteen (18) years or older and have the power and authority to enter into these Terms and Conditions. By accessing and using this Site you represent that you are eighteen (18) years of age, are legally capable of entering in the agreement represented by these Terms of Service, and voluntary enter into the agreement represented by these Terms of Service.
DISCLAIMER OF WARRANTIES
Information and services provided on the Site (“Services”) including, but not limited to, providing business owners with information concerning business filings and structures, accounting, bookkeeping, graphic design, branding, social media, advertising, and marketing are subject to change. Kick Start Your Ecommerce makes no representation or warranty, express or implied, that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Kick Start Your Ecommerce disclaims all liability and any other warranties, for any inaccuracy, error or incompleteness in the Services and does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site.
Except to the extent required by applicable law and only to that extent, by using this Site you agree that in no event will Kick Start Ecommerce, its employees, officers, directors, affiliates, or agents be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitution of goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Site or your use of the Services or the termination of the Site for any reason, even if the user has been advised of the possibility of such damages.
You may be required to provide information about yourself including your name, email address, and other personal information during the course of using this Site. You agree that any registration information you give to Kick Start Ecommerce will always be accurate, correct and up to date. You shall not impersonate someone other than yourself or provide account information or an email address other than your own or that does not belong to you. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction. By accessing and using the Site, you agree that you will not create an account for anyone other than yourself without permission. You agree that you will not create more than one personal account. If we disable your account, you agree that you will not create another one without our permission. You agree that we can remove any content or information you post on Kick Start Your Ecommerce if we believe that it violates this Statement or our policies.
Your right to use the Site is personal to you. You may not sub-license, transfer, sell or assign your right to access or use the Website to any third party without prior our written approval. Any attempt to do so will be considered a material breach of the Terms.
You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Site), you must promptly change your password and notify us by contacting us my email at the following address: [email protected]
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others including specifically copyrights and trademarks, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You agree that you will not post content or comments that are hate speech, threatening, pornographic, incite violence, or contain nudity or graphic or gratuitous violence. You agree that you will not use the Site to do anything unlawful, misleading, malicious, or discriminatory. You agree that you will not facilitate or encourage any violations of this Statement or our policies.
This Site and Service contain intellectual property owned by Kick Start Your Ecommerce including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Kick Start Your Ecommerce name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy and to pursue all other available legal action and remedies. You agree that breach of this term, including the actual or threatened use of Kick Start Your Ecommerce intellectual property by you, would cause irreparable injury to Kick Start Your Ecommerce for which no adequate remedy at law exists; therefore, you agree that, in addition to all legal remedies available to Kick Start Your Ecommerce, equitable remedies, including injunctive relief, are appropriate remedies to redress any breach or threatened breach of this intellectual property term by you.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, KICK START YOUR ECOMMERCE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF KICK START YOUR ECOMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KICK START YOUR ECOMMERCE’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY LINKS
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Kick Start Your Ecommerce. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THIRD PARTY SOURCES
The Site and the Service allows comments from third parties, including other users of the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, or content of third party commenters or users on the Site. Comments left by third parties onto the Site do not imply any endorsement by or affiliation with Kick Start Your Ecommerce. You acknowledge sole responsibility for and assume all risk arising from your use of any such comments.
You shall indemnify and hold Kick Start Your Ecommerce harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW AND VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. By accessing and using the Site you agree that the exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Killeen, Bell County, Texas.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by binding arbitration, except for violations or threatened violations of Kick Start Your Ecommerce’s intellectual property rights, which we may elect to pursue via binding arbitration. Any arbitration under this agreement shall be conducted under the then current American Arbitration Association Consumer Arbitration Rules. The parties further agree that prior to any arbitration being scheduled, a demand must be made and you will engage in good faith negotiation.
If any term, subset of a term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated and that said arbitrator or court should not eliminate the term entirely but construe it in the spirit of its plan language to the truest extent allowable.
If Kick Start Your Ecommerce must bring or participate in any legal action or other proceeding for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, you agree that if Kick Start Your Ecommerce is successful on the merits, or you are unsuccessful on the merits, Kick Start Your Ecommerce shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled from you.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
The following provisions apply to users and non-users who interact with Kick Start Your Ecommerce outside the United States:
By accessing and using this site you agree that you will not use Kick Start Your Ecommerce Accelerator if you are prohibited from receiving products, services, or software originating from the United States.
By accessing and using this Site, you agree that we reserve all rights not expressly granted to you. You agree that you will comply with all applicable laws when using or accessing Kick Start Your Ecommerce.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid. This Statement does not confer any third party beneficiary rights.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Kick Start Your Ecommerce pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Kick Start Your Ecommerce shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Kick Start Your Ecommerce. If we fail to enforce any of this Agreement, it will not be considered a waiver. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Date of Last Revision: Jan 12th, 2016