LAST UPDATED NOVEMBER 22, 2023
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY
- USER REPRESENTATIONS
- MARKETPLACE OFFERINGS
- PURCHASES AND PAYMENT
- PROHIBITED ACTIVITIES
- USER-GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- SUBMISSIONS
- THIRD-PARTY WEBSITES AND CONTENT
- SITE MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
1. AGREEMENT TO TERMS
The Site is not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If the User’s interactions are subject to such laws, they may not use the Site. The User may not use the Site in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. MARKETPLACE OFFERINGS
5. PURCHASES AND PAYMENT
6. PROHIBITED ACTIVITIES
- Systematically collect data or content from the Site without written permission.
- Attempt to deceive or mislead us or other users, especially by trying to access sensitive account information.
- Interfere with security features of the Site or try to bypass any limitations on its use.
- Harm or tarnish the reputation of the Site or us.
- Use information obtained from the Site to harm others.
- Misuse our support services or make false reports.
- Use the Site in an illegal or unregulated manner.
- Engage in unauthorized framing or linking to the Site.
- Upload or transmit viruses, spamming messages, or any material that interferes with the use of the Site.
- Use automated systems, scripts, or data extraction tools.
- Remove the copyright or proprietary rights notice from any content.
- Impersonate another user or use another user’s username.
- Upload or transmit any material that collects information passively or actively.
- Interfere with the functioning of the Site or connected networks.
- Harass, annoy, intimidate, or threaten any employees or agents providing the Marketplace Offerings.
- Bypass measures to prevent access to the Site.
- Copy or adapt the Site’s software code.
- Decipher, decompile, disassemble, or reverse engineer the Site’s software.
- Use automated systems to access the Site or use unauthorized scripts or software.
- Use a buying or purchasing agent to make purchases on the Site.
- Use the Marketplace Offerings for unauthorized commercial purposes, collecting user information for unsolicited emails, or creating false user accounts.
- Use the Site or its content for any revenue-generating endeavors that compete with us.
7. USER-GENERATED CONTRIBUTIONS
By publishing Contributions, you represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions does not and will not infringe on any third party’s proprietary rights, such as copyright, patent, trademark, trade secret, or moral rights.
- You are the creator and owner of the Contributions, or have the necessary licenses, rights, consents, releases, and permissions to use and allow us, the Site, and other users of the Site to use your Contributions in any manner allowed by the Site and these Terms of Use.
- You have obtained written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness in your Contributions, and to allow the Site and its users to use them in any manner allowed by the Site and these Terms of Use.
- Your Contributions are truthful, not misleading, and do not contain false information.
- Your Contributions are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not offensive, obscene, vulgar, lewd, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
- Your Contributions do not ridicule, mock, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten any person, and do not promote violence against any person or group.
- Your Contributions comply with all applicable laws, regulations, and rules.
- Your Contributions do not violate any third party’s privacy or publicity rights.
- Your Contributions do not violate any laws related to child pornography or any laws aimed at protecting the health or well-being of minors.
- Your Contributions do not include offensive comments based on race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not violate any provisions of these Terms of Use, or any applicable laws or regulations.
Any violation of these requirements may result in the termination or suspension of your rights to use the Site and the Marketplace Offerings.
8. CONTRIBUTION LICENSE
9. SUBMISSIONS
10.THIRD-PARTY WEBSITES AND CONTENT
11.SITE MANAGEMENT
12.PRIVACY POLICY
13.TERM AND TERMINATION
If we end your account for any reason, you are forbidden from registering a new account using your own name, a fake name, or someone else’s name, even if you are acting on their behalf. In addition to ending your account, we may take appropriate legal action, such as pursuing civil, criminal, or injunctive remedies.
14.MODIFICATIONS AND INTERRUPTIONS
15.GOVERNING LAW
16.DISPUTE RESOLUTION
These Terms of Use dictate that any legal disputes between you and us must be resolved in the state and federal courts located in New York. Both parties agree to this jurisdiction and waive any objections to personal jurisdiction and the inconvenience of the forum. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) does not apply to this agreement.
17.CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions in information related to the Marketplace Offerings, including but not limited to descriptions, pricing, availability, and other details. We retain the right to rectify any inaccuracies, errors, or omissions, and to update the information on the Site without any prior notice at our discretion.
18.DISCLAIMER
We cannot guarantee the accuracy or completeness of the Site’s content, or content found on linked websites. We cannot be held responsible for any errors, inaccuracies, or omissions in the content, personal or property damage caused by using the Site, unauthorized access to our secure servers, or the loss or damage of personal or financial information stored there.
We will not be held accountable for interruptions in transmission to or from the Site or Marketplace Offerings, bugs or viruses transmitted to the Site by third parties, or errors or omissions in the content. We do not endorse or take responsibility for any product or service advertised or offered by third parties through the Site or linked websites.
When purchasing products or services through any medium, use caution and make informed decisions. We are not responsible for monitoring transactions between you and third-party providers.
19.LIMITATIONS OF LIABILITY
In the event of any loss or damage resulting from your use of the Site or the Marketplace Offerings, neither we nor any of our directors, employees, or agents will be held responsible for any direct, indirect, incidental, special, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, loss of data, or any other damages. Our liability to you in any form of legal action will be limited to the amount you have paid to us in the preceding 6 months, if any. Please note that some state and international laws do not permit limitations on warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above limitations may not apply and you may have additional rights.
20.INDEMNIFICATION
1. Your use of the Marketplace Offerings;
2. Any violation of these Terms of Use;
3. Any false representation made by you in these Terms of Use;
4. Your infringement on the rights of others, including intellectual property rights
5. Any harmful actions towards other users of the Site and Marketplace Offerings who you connected with via the Site.
21.USER DATA
As a user of the Marketplace Offerings, we’ll keep track of certain information you provide to the Site. This information helps us manage the performance of the Marketplace Offerings, as well as your usage of them. However, despite our regular backup routines, you are responsible for all data that you submit or that relates to your activities using the Marketplace Offerings. Unfortunately, we cannot be held liable for any loss or damage to this data and you agree to give up your right to take any legal action against us for such loss or corruption.
22.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the website, sending emails, and completing online forms, you are engaging in electronic communication. You hereby give your consent to receive communications electronically and acknowledge that all agreements, notices, disclosures, and other communications provided to you in this manner, via email or the website, meet the legal requirement for written communication. Additionally, you agree to use electronic signatures, contracts, and records and to receive electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the website. You also waive any rights or requirements under any laws that demand an original signature or physical record-keeping and non-electronic payments or credits.
23.CALIFORNIA USERS AND RESIDENTS
This unit provides assistance to consumers who have complaints about various products or services. You can contact them either in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at either (800) 952-5210 or (916) 445-1254.
We understand the importance of addressing any concerns you may have and appreciate the opportunity to resolve any issues to the best of our ability. If you are still not satisfied after speaking with us, the Complaint Assistance Unit of the Division of Consumer Services is available to assist you.
24.MISCELLANEOUS
Should any provision or part of a provision of these Terms of Use be deemed unlawful, void, or unenforceable, that specific provision or part of the provision will be separated from the remainder of these Terms of Use and will not affect the validity and enforceability of the remaining provisions.
Please note that these Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be interpreted against us because we drafted them. Additionally, you hereby waive any and all defenses you may have related to the electronic form of these Terms of Use and the lack of physical signatures by the parties.
25.CONTACT US
To resolve any issues or get more information about the Site or Marketplace Offerings, please don’t hesitate to contact us. Our team is dedicated to providing support and ensuring a positive experience for all users. We are here to assist with any questions or concerns you may have. Please reach out to us for prompt and efficient resolution of your needs.
GET IN TOUCH WITH US
- info@kimarbris.com
- +123 4657 891
- 451 New York, USA