Terms & Conditions

TERMS OF USE

Last updated: 02/16/24

These Terms and Conditions (“Terms,” “Terms and Conditions”) govern your relationship with KIK Consulting and Educational Services, LLC (“KIK”) and the https://kikconsulting.company.site/ website (the “Website”) operated by KIK Consulting and Educational Services, LLC (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our website or otherwise communicating with us.

Your access to and use of Website and any products or services offered by us (the “Services”) is based on your acceptance of and compliance with these Terms. These terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Services.

1. Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your email, and your shipping information.

You represent and warrant that (a) you have the legal right to use any credit card(s) or other payment method(s) you supply in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Further information about our collection and use of information you provide is in our Privacy Statement [https://kikconsulting.company.site/products/pages/...].

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

2. Availability, Errors and Inaccuracies

We regularly update the information, products and services on the Website.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We may experience delays in updating information on the Website and in our listings or advertising on other websites.

3. Subscriptions

Some digital products and other Services may be billed on a subscription basis (“Subscription(s)”). For a Subscription, You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or KIK cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting KIK customer support at rseiner@kikconsulting.com.

A valid payment method, including a credit card, is required to process the payment for your Subscription. You must provide KIK with accurate and complete billing information including full name, address, state, zip code, telephone number, email address and a valid payment method. By submitting such payment information, you automatically authorize KIK to charge all Subscription fees incurred through your account to this payment method.

Should automatic billing fail to occur for any reason, KIK will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

KIK performs numerous data validations when activating a subscription; however, we may rely on the third-party issuers of coupons, currency, tokens, etc., to be responsible for accurate data collection. Therefore, we cannot be held responsible for data inaccuracies of those third parties.

4. Fee Changes

KIK, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

KIK will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

5. Refunds

Refund requests for Subscriptions may be considered by KIK on a case-by-case basis and will be granted at the sole discretion of KIK. Once product is downloaded, refunds will not be granted.

6. Content

Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, documents, videos, or other material (“Content”). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.

By posting Content to the Website, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Website. You retain all ownership rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights.

You represent and warrant that: (a) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (b) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another; or (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.

7. Accounts

When you create an account with us, you must provide information to us that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Website or other Services, and for any activities or actions under your password, whether your password is our Website or a third-party website.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

8. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of rseiner@kikconsulting.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

9. Intellectual Property

The Website and all contents, including but not limited to text, images, graphics or code, are the property of KIK and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Website only for your own non-commercial use, or to place an order with KIK Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of KIK or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.

You are to properly identify the Website in any printed, online, electronic, or other medium, materials that you produce, have produced for your use, authorize or use in connection with your use of the service whether for your personal or commercial use. In so identifying the Website, you agree to properly identify our intellectual property and use all required marks, including all product names and attributions to do so. You may contact us at info@kikconsulting.com to obtain from us usage requirements for our trademarks, service marks and any other relevant intellectual property, as current images and other indicia for our trademarks and service marks.

10. Privacy

You represent that you have read and agree to the Privacy Statement [https://kikconsulting.company.site/products/pages/...] for our Website and other Services, the terms of which are incorporated into this Agreement. You consent to the collection, use and disclosure of your personal information as specified in the Privacy Statement.

11. Links To Other Web Sites

The Service may contain links to third-party websites or services that are not owned or controlled by KIK

KIK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that KIK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

12. Termination

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

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Indemnification

You agree to indemnify, defend and hold harmless KIK, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to (a) legal and accounting fees resulting from your use of the Website or other Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Website; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Website using your account whether or not such access is obtained via fraudulent or illegal means.

14. Limitation of Liability

KIK, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (a) your access to or use of the Website or other Services; (b) your inability to access or use the Website or other Services; (c) any conduct or content of any third-party on or related to the Website; (d) any content obtained from or through the Website or from KIK. by any means; and (e) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

15. Disclaimer and Non-Waiver of Rights

KIK makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Website or other Services is at your sole risk. The Website and other Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Website and other Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under applicable law. In such cases, applicable law shall apply to the extent required by such law.

KIK, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Website or other Services will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website or other Services are free of viruses or other harmful components; or (d) the results of using the Website or other Services will meet your requirements.

If you breach any of these Terms and KIK chooses not to immediately act, or chooses not to act at all, KIK will still be entitled to all rights and remedies at any later date, or in any other situation where you breach these Terms. KIK does not waive any of its rights. KIK shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

16. Exclusions

As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some or all of the limitations above may not apply to you.

17. Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York. You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the Federal and State courts sitting in New York County, New York State for any and all claims arising from this Agreement and your access to or use of the Website or any other Services and waive any claim of inconvenient venue or improper forum.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

18. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website or other Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.

19. Contact Us

If you have any questions about these Terms, please contact us at rseiner@kikconsulting.com.