Please Read These Terms of Service Carefully.
These Terms of Service (collectively with KDPChimp’s Privacy Policy located at https://www.kdpchimp.com/privacy, the “Terms of Service”) are a legally binding agreement between you (“you” or “user”) and KDPChimp.com (“KDPChimp”, “we”, “us”, or “our”) governing your use of www.kdpchimp.com (the “Site”) and the services, features, content, or applications offered by KDPChimp (collectively, the “Services”). By accessing or using the Services, you agree to these Terms of Service.
1) Acceptance of Terms
By registering for and/or using the Services, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and any additional terms and conditions that may be provided by us from time to time. These Terms of Service apply to all users of the Services, including without limitation users who are contributors of content, information, and other materials or services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KDPCHIMP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2) Eligibility
You must be at least 16 years of age to use the Services. By using the Services, you represent and warrant that you meet this requirement. If you are under age 16, you may not access or use the Services under any circumstances. We reserve the right to refuse service to anyone for any reason at any time.
3) Registration
To access certain features of the Services, you must create an account (“Account”). You agree to provide accurate and complete information during the registration process and to keep this information updated. You are responsible for all activity that occurs under your Account and must keep your Account password secure. Notify us immediately of any unauthorized use of your Account.
4) Processing of Personal Data
Your personal data will be handled in accordance with KDPChimp’s Privacy Policy, available at [insert Privacy Policy URL]. By using the Services, you agree to the terms outlined in the Privacy Policy.
5) Content
A. Definition: The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features available through the Services.
B. User Content: KDPChimp is not responsible for any Content posted by users (“User Content”). You are solely responsible for your User Content and the consequences of posting it. We do not guarantee the accuracy or reliability of any User Content.
C. Notices and Restrictions: The Services may include Content provided by us, our partners, or users, and such Content is protected by intellectual property rights. You agree to respect all copyright and proprietary notices, information, and restrictions contained in any Content.
D. Use License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial use. You may not sell, license, distribute, or otherwise use any Content for commercial purposes without our prior written consent.
E. Availability of Content: We do not guarantee that any Content will be available on the Site or through the Services. We reserve the right to remove or modify any Content at any time without notice.
6) Rules of Conduct
As a condition of your use of the Services, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You are responsible for all activity that occurs under your Account. Prohibited activities include, but are not limited to:
Posting any Content that infringes any intellectual property rights.
Engaging in any activity that is harmful, fraudulent, or deceptive.
Using the Services to transmit unsolicited commercial messages (“spam”).
Uploading or transmitting viruses or other malicious code.
Attempting to gain unauthorized access to the Services or other users’ accounts.
7) Third-Party Services
The Services may contain links to third-party websites or services that are not owned or controlled by KDPChimp. We are not responsible for the content or practices of any third-party websites or services. Accessing third-party websites is at your own risk.
8) Payments and Billing
A. Paid Services: Certain Services may require payment (“Paid Services”). By selecting a Paid Service, you agree to pay KDPChimp the fees indicated for that service.
B. Billing: We use a third-party payment processor to handle payments. By using Paid Services, you agree to the Payment Processor’s terms and conditions. You are responsible for keeping your billing information current.
C. Auto-Renewal: If you sign up for subscription-based Paid Services, your subscription will automatically renew at the end of the initial term unless you cancel.
9) Warranty Disclaimer
The Services and Content are provided “as is,” without warranty of any kind, either express or implied. KDPChimp disclaims all warranties, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
10) Indemnification
You agree to indemnify and hold KDPChimp harmless from any claims, damages, or expenses arising from your use of the Services, your User Content, or your violation of these Terms of Service.
11) Arbitration Clause and Class Action Waiver
A. Arbitration: You agree that any disputes with KDPChimp will be resolved through binding, individual arbitration in accordance with the rules of JAMS, Inc. You waive your right to participate in a class action lawsuit or class-wide arbitration.
B. Opt-Out: You may opt-out of the arbitration and class action waiver by notifying KDPChimp in writing within 30 days of accepting these Terms of Service.
12) Limitation of Liability
In no event shall KDPChimp be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Services.
13) Governing Law and Jurisdiction
These Terms of Service are governed by the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the courts located in New York County, New York.
14) Modification
KDPChimp reserves the right to modify or replace these Terms of Service at any time. Your continued use of the Services following any changes constitutes acceptance of those changes.
15) Miscellaneous
A. Entire Agreement: These Terms of Service constitute the entire agreement between you and KDPChimp regarding the use of the Services.
B. Force Majeure: We are not liable for any failure to perform due to causes beyond our control.
C. Assignment: These Terms of Service are personal to you and may not be assigned or transferred by you without our prior written consent.
D. Notices: All notices must be sent to KDPChimp at support@kdpchimp.com.
E. No Waiver: Our failure to enforce any part of these Terms of Service does not constitute a waiver of our right to later enforce that or any other part of these Terms of Service.
F. Headings: Section headings are for convenience only and do not have any legal effect.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
KDPChimp.com
support@kdpchimp.com
Effective Date of Terms of Service: 01/09/2024