TERMS AND CONDITIONS FOR THE ONLINE SALE OF FEATURES, PRODUCTS OR SERVICES
THIS TERMS OF SALE IS THE USER AGREEMENT FOR THE BELOW-DEFINED DELIVERABLES MADE AVAILABLE TO YOU BY KINGSCROWD, INC. AND ITS AFFILIATES. THIS IS ALSO WHERE YOU WILL FIND POSTED UPDATES TO THIS USER AGREEMENT.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR FEATURES, PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN FEATURES, PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KINGSCROWD, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of features, products, services or the like (a "Deliverable" or the "Deliverables") through kingscrowd.com (the "Site"). These Terms are subject to change by Kingscrowd, Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Deliverables through this Site.
1. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all Deliverables listed in your order. All orders must be accepted by us or we will not be obligated to sell the Deliverables to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Prices and Payment Terms
A. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Deliverable will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
B. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
C. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
3. Orders
A. Your order will generally be processed in 1-2 business days from the date it was placed.
B. All newsletters, reports and courses will be sent to you digitally unless otherwise specified on the order form at time of purchase. You will generally receive an email confirmation within one hour of purchase with instructions on how to access your Deliverable.
4. Cancellation; Returns and Refunds; Automatic Renewal
A. Refunds
- Refunds of single use or one time Deliverables must be requested prior to the time such Deliverable is provided to you; after such Deliverable is provided to you, no refund or return is permitted.
- Refunds of monthly Deliverables must be requested within ten (10) days of billing. We are not obligated to provide a refund after ten (10) days from your date of billing.
- Refunds of annual Deliverables must be requested within thirty (30) days of billing. We are not obligated to provide a refund after thirty (30) days from your date of billing.
- Refunds of lifetime Deliverables must be requested within ten (10) days of billing. We are not obligated to provide a refund after ten (10) days from your date of billing.
- To cancel monthly or annual Deliverables, please follow the cancellation instructions in your profile on the Site. If you have additional questions related to cancellation or a refund of Deliverables, please email help@kingscrowd.com.
B. Automatic Renewal
Other than as described elsewhere in this Section 4, unless you notify us that you wish to cancel your order before the end of its then-current order term, your order will continue to automatically renew for successive terms of the same duration as the term originally selected (e.g., monthly, annual) and you authorize us to collect the then-applicable order price (including any taxes) using any credit card we have on record for you.
C. Termination, Cancellation and Other Actions by Us
We have the right, but not the obligation, to monitor any activity and content associated with the Deliverables. We may investigate any reported violation of these terms and conditions and take any action that we deem appropriate, including but not limited to (a) terminating your access to the Deliverables; (b) reporting you to law enforcement authorities; and (c) taking legal action against you.
5. Warranty and Disclaimers
Any advice we provide is contained in publications of a general and impersonal nature (such advice is not adapted to any specific portfolio or your particular needs or circumstances), is "bona fide" or is advice based on our research and analysis.
The Deliverables purchased by you are for informational and illustrative purposes only and do not purport to provide any financial advice whatsoever. You may not rely on the statements contained therein.
ALL DELIVERABLES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
6. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE DELIVERABLES YOU HAVE ORDERED THROUGH OUR SITE.
7. Not for Resale or Export; Ownership
You represent and warrant that you are buying Deliverables from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
8. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Deliverables through the Site.
9. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.
10. Governing Law and Jurisdiction
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
11. Dispute Resolution and Binding Arbitration
YOU AND KINGSCROWD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF DELIVERABLES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect.