Kickin Quotes Terms of Service
Intro
Welcome to Heroes Media, LLC ("Kickin Quotes") website and online services (the "Kickin Quotes Site"). The following Terms of Service for the Kickin Quotes Site is a legal contract between you, a visitor, user, or browser ("You"), and Kickin Quotes regarding your use of the Kickin Quotes Site. Visitors and users of the Kickin Quotes Site are referred to individually as "User" and collectively as "Users".
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE KICKIN QUOTES SITE, YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT AND HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").
1. Privacy Policy
Your privacy is important to Kickin Quotes. Kickin Quotes Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Kickin Quotes collection, use and disclosure of your personal information.
2. Guidelines
When using the Kickin Quotes Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference in to these Terms.
3. Modification of these Terms
Kickin Quotes reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time without notice. Your continued usage of the Website constitutes your binding acceptance of these terms and any changes thereto. You can access the Terms of Service here.
4. User Contributions License Grant; Representations and Warranties
4.1 User Contributions Generally
Kickin Quotes may now or in the future permit the contributions by You and other Users of notes, written works, images, and videos or other communications (collectively, "User Contributions") and the hosting, sharing, and/or publishing of such User Contributions. You understand that whether or not such User Contributions are published, Kickin Quotes does not guarantee any confidentiality with respect to any submissions.
4.2 Limited License Grant to Kickin Quotes
By submitting or distributing User Contributions on or through the Kickin Quotes Site, You hereby grant to Kickin Quotes a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Contributions, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You may remove your User Contributions from the Site at any time, but you acknowledge that Kickin Quotes may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.
4.3 User Contributions Representations and Warranties
You are solely responsible for your User Contributions and the consequences of posting or publishing them. By uploading and publishing your User Contributions, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Kickin Quotes and Kickin Quotes' Users to use and distribute your User Contributions as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Kickin Quotes and these Terms of Service; (2) your User Contributions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or property right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Contributions do not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. KICKIN QUOTES RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THESE TERMS OF USE.
4.4 User Contributions Disclaimer
You understand that when using the Site You will be exposed to User Contributions from a variety of sources, and that Kickin Quotes is not responsible for the content of such User Contributions (including, without limitation, the accuracy, usefulness, or intellectual property rights of or relating to such User Contributions). You further understand and acknowledge that You may be exposed to User Contributions that are inaccurate, offensive, indecent or objectionable, and You agree to waive and hereby do waive, any legal or equitable rights or remedies You have or may have against Kickin Quotes with respect thereto. Kickin Quotes does not endorse or adopt any User Contributions or any opinion, recommendation or advice expressed therein, and Kickin Quotes expressly disclaims any and all liability in connection with User Contributions. Kickin Quotes does not and cannot review all Content posted to or created by users accessing the Kickin Quotes Site and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user contributions, or user-generated content, through the Site, Kickin Quotes is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the User Contributions or the Site users' activities. Kickin Quotes and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate Content. If you would like to report objectionable materials, you may use the "Flag for review" feature on any topic or reply. Urgent issues can be reported to this address: heroesmedia AT ymail dot com. If notified by a User or a content owner of a User Contribution that allegedly does not conform to these Terms of Service, Kickin Quotes may investigate the allegation and determine in its sole discretion whether to remove the User Contribution, which it reserves the right to do at any time without notice. For clarity, Kickin Quotes does not permit copyright infringing activities on the Site.
4.5 Feedback
If You provide Kickin Quotes with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), You agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of Kickin Quotes, (b) Kickin Quotes shall be able to use and share such Feedback without your consent, only if Kickin Quotes does not use your first and last name (c) If you give prior consent, Kickin Quotes shall be able to use and share such Feedback, while including your first and last name (d) Kickin Quotes owes you no obligation or compensation whatsoever regarding the Feedback, and (e) Kickin Quotes may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Kickin Quotes.
5. Digital Millennium Copyright Act
It is Kickin Quotes' policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). For more information, please visit Kickin Quotes' DMCA Notification Guidelines. Kickin Quotes respects the intellectual property of others and may in appropriate circumstances and at its discretion, without notice disable and/or terminate the accounts of users who repeatedly infringe others' rights.
5.1 Fair Use Notice
Aside from User Contributions subject to the DMCA and materials that fall within the public domain, the Kickin Quotes Site's content contains copyrighted materials in the form of text, audio, video and images, whose use may not have been expressly authorized by the copyright owner(s). Kickin Quotes believes that the nature and use of these materials constitutes "fair use" as provided for in section 107 of the U.S. Copyright Act.
The materials on the Kickin Quotes site are intended primarily for educational purposes – connecting people with their heroes and allowing them to learn more about their views and beliefs, as well as the history of the world. The delivery of the relevant materials and commentary is done in a way that creates added value to the end user and is made free to those Users.
Kickin Quotes has no legal authority to grant or deny the permission to use materials whose copyrights it does not hold. If you wish to use copyrighted materials from Kickin Quotes for purposes of your own that go beyond "fair use," you must obtain permission from the copyright owner.
To report alleged copyright infringement that falls outside the boundaries of the Fair Use Doctrine, please visit Kickin Quotes' DMCA Notification Guidelines.
6. Prohibited Content
BY USING THE KICKIN QUOTES SITE YOU AGREE NOT TO:
6.1 use the Kickin Quotes Site for any purposes other than to view content on the Kickin Quotes Site, share content from the Kickin Quotes Site using methods provided by Kickin Quotes, and/or access the Kickin Quotes Site for any services and/or activities offered on the Kickin Quotes Site;
6.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
6.3 post anything on the Kickin Quotes Site in any manner in which Users may be allowed to post content including, but not limited to, comments, screen names, personal information, or trivia questions, that is unlawful, that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that disparages any content on the Kickin Quotes Site, or any person appearing in any content on the Kickin Quotes Site, as determined in Kickin Quotes sole discretion;
6.4 post any Kickin Quotes content on a third party site or service that is unlawful, that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that disparages any content on the Kickin Quotes Site, or any person appearing in or talent associated with any content on the Kickin Quotes Site, as determined in Kickin Quotes sole discretion;
6.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Kickin Quotes Site accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content information transmitted via the Kickin Quotes Site, or perform any other similar fraudulent activity;
6.6 delete the copyright notices or other proprietary rights on the Kickin Quotes Site or User Contributions;
6.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Kickin Quotes Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
6.8 use the Kickin Quotes Site for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
6.9 defame, harass, abuse, threaten or defraud Users of the Kickin Quotes Site, or collect, or attempt to collect, personal information about Users or third parties without their consent;
6.10 use the Kickin Quotes Site for any commercial use, it being understood that the Kickin Quotes Site is for personal, non-commercial use only;
6.11 use the Kickin Quotes Site if You are under the age of 13 years old, or access portions of the Kickin Quotes Site which are for Users over 17 years old if you are under the age of 17;
6.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Kickin Quotes Site, features that prevent or restrict use or copying of any content accessible through the Kickin Quotes Site or User Contributions, or features that enforce limitations on the use of the Kickin Quotes Site or User Contributions;
6.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Kickin Quotes Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.14 modify, adapt, translate or create derivative works based upon the Kickin Quotes Site or any part thereof, except and only to the extent foregoing restriction is expressely prohibited by applicable law; or
6.15 intentionally interfere with or damage operation of the Kickin Quotes Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code.
6.16 Site Access
You further agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Kickin Quotes Site in a manner that sends more request messages to the Kickin Quotes' servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, with the exception of using spiders to copy materials from the Kickin Quotes Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials and accessing RSS feeds. Kickin Quotes reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any User Contributions or personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial purposes (other than any revenue sharing or similar opportunities we may offer from time to time). You agree not to solicit, for commercial purposes, any Users of the Site. You shall not create or transmit spam, unsolicited email, junk mail, chain letters, or other marketing schemes through the Kickin Quotes Site.
7. Account
If you register an account with Kickin Quotes, You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Kickin Quotes on registration and at all other times will be true, accurate, current, and complete. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Kickin Quotes. You may be liable for the losses incurred by Kickin Quotes or others due to any unauthorized use of your Kickin Quotes Site account.
8. Third Party Sites, Products & Services
The Kickin Quotes Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Kickin Quotes does not endorse any such Reference Sites or the information, materials, products or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or thorugh the Kickin Quotes Site are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
9. Termination; Terms of Service Violation
9.1 Kickin Quotes
You agree that Kickin Quotes, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Kickin Quotes or your use of the Kickin Quotes Site and remove and discard all or any part of your account, and any User Contributions, at any time. Kickin Quotes may also in its sole discretion and at any time discontinue providing access to the Kickin Quotes Site, or any part thereof, with or without notice. You agree that any termination of your access to the Kickin Quotes Site or any account You may have or portion othereof may be effected without prior notice, and you agree that Kickin Quotes will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Kickin Quotes may have at law or in equity. As discussed herein, Kickin Quotes does not permit copyright infringing activities on the Kickin Quotes Site, and will terminate access to the Kickin Quotes Site, and remove all User Contributions or other content submitted by any Users who are found to be repeat infringers.
9.2 You
Your only remedy with respect to any dissatisfaction with (i) the Kickin Quotes Site, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Kickin Quotes in operating the Kickin Quotes Site, or (v) any content or information transmitted through the Kickin Quotes Site, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with the Kickin Quotes Site and discontinuing use of any and all parts of the Kickin Quotes Site.
10. Ownership; Proprietary Rights
The Kickin Quotes Site is owned and/or operated by Kickin Quotes. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Kickin Quotes Site provided by Kickin Quotes (the "Materials"), including without limitation, the "look and feel" of the Site, are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Contributions that are provided and owned by Users all Materials contained on the Kickin Quotes Site are the property of, or used with permission by, Kickin Quotes or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Kickin Quotes or its affiliates and/or third-party licensors. Except as expressly authorized by Kickin Quotes, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Any unauthorized use of the materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Kickin Quotes reserves all rights not expressly granted in this Terms of Service.
11. Indemnification
You agree to indemnify, save, and hold Kickin Quotes, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Kickin Quotes Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Kickin Quotes reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Kickin Quotes, and You agree to cooperate with Kickin Quotes' defense of these claims. Kickin Quotes will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimers; No Warranties
12.1 No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KICKIN QUOTES, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WAARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWEET SPEECHES OR THROUGH THE SWEET SPEECHES SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13 THE TERM KICKIN QUOTES INCLUDES KICKIN QUOTES' MEMBERS, OFFICES, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12.2 "As is" and "As available" and "With All Faults"
YOU EXPRESSLY AGREE THAT USE OF THE KICKIN QUOTES SITE IS AT YOUR SOLE RISK. THE KICKIN QUOTES SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER CONTRIBUTIONS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE KICKIN QUOTES SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
12.3 Content
KICKIN QUOTES, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER CONTRIBUTIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE KICKIN QUOTES SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
12.4 Accuracy
KICKIN QUOTES, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SWEET SPEECHES SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5 Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE KICKIN QUOTES SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPEERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
13. Limitation of Liabilities and Damages
13.1 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL KICKIN QUOTES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE KICKIN QUOTES SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH KICKIN QUOTES, EVEN IF KICKIN QUOTES OR A KICKIN QUOTES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KICKIN QUOTES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13.2 Limitation of Damages
IN NO EVENT WILL KICKIN QUOTES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE KICKIN QUOTES SITE OR YOUR INTERACTION WITH OTHER KICKIN QUOTES SITE USERS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE KICKIN QUOTES SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
13.3 Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN KICKIN QUOTES AND RECEIVED THROUGH OR ADVERTISED ON THE KICKIN QUOTES SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
13.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT KICKIN QUOTES HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KICKIN QUOTES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KICKIN QUOTES. KICKIN QUOTES WOULD NOT BE ABLE TO PROVIDE THE KICKIN QUOTES SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.5 Limitations of Applicable Law
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
13.6 Consumer End Users (Outside of the USA).
This section 13.6 applies only to Users residing and using the Kickin Quotes Site outside of the United States. The limitations or exclusions of warranties and liability contained in this Terms of Service do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the USA. The limitations or exclusions of warranties, remedies or liability contained in this Terms of Service apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.
14. Miscellaneous
14.1 Notice
Kickin Quotes may provide You with notices, including those regarding changes to these Terms of Service, by email, regular mail or contributions on the Kickin Quotes Site. Notice will be deemed given twenty-four hours after email is sent, unless Kickin Quotes is notified that the email address is invalid.
14.2 Waiver
The failure of Kickin Quotes to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Kickin Quotes.
14.3 Dispute Resolution and Arbitration
If a dispute arises between You and Kickin Quotes, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and Kickin Quotes agree that we will resolve any claim or controversy at law or equity that arises out of these Terms of Service or use of the Kickin Quotes Site (each, a "Claim") in accordance with one of the subsections below or as Kickin Quotes and You otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
1. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
2. Arbitration. For any claim related to these Terms of Service or the Kickin Quotes Site, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Kickin Quotes or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Kickin Quotes will be filed only in the state or federal courts in and for Los Angeles County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce the party's intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
4. Improperly Filed Claims. All claims you bring against Kickin Quotes must be resolved in accordance with this Section 14.3. All claims filed or brought contrary to this Section 14.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 14.3, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
14.4 Severability
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
14.5 Assignment
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Kickin Quotes without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
14.6 Survival
Upon termination of these Terms, any provision which by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 9 through 14.
14.7 Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
14.8 Entire Agreement
These Terms, the Privacy Policy, the Digital Millennium Copyright Notification Guidelines, and other Guidelines constitute the entire agreement between You and Kickin Quotes relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by Kickin Quotes as set forth in Section 3 above.
14.9 Claims
You agree that any cause of action arising out of or related to the Kickin Quotes Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Questions about these Terms of Service may be sent to heroesmedia AT ymail dot com.