This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, including you individually, and any other person or entity on whose behalf you are acting (“User,” “You,” or “Your”) and Besitos Corporation, LLC DBA KashKick, and its affiliated companies (collectively, “KashKick,” “Company,” “We,” “Us,” or “Our”), concerning Your access to and use of the www.kashkick.com website (including all related pages) as well as any other media form, media channel, mobile website, or mobile application related or connected thereto, whether accessed via a computer, mobile device, or otherwise (collectively, the “Website”, which also includes all images, information and content within the Website). The Website offers virtual rewards to Users for select activities on the Website (the “Company Services”). By using the Website or any Company Services, as well as by taking any action such as clicking an “I Agree” check-box or similar action, You agree to be bound by the terms of this Agreement as well Our collection, use, and disclosure of Your personally identifying information in accordance with Our Privacy Policy. Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into this Agreement by reference. In the event of any conflict between any supplemental terms and this Agreement, this Agreement shall prevail unless expressly stated otherwise in the supplemental terms.
Company may offer one or more rewards programs under which Users may earn virtual currency rewards in the form of KashKick “Kash”, which has a $1 = $1 U.S. Dollar conversion rate, as of July 1st 2017. KashKick Kash is worth zero, considered unearned, and has no redeemable value until a user has achieved the minimum account balance required to be eligible to make a payment request and a user payment request has been made, and acknowledged and approved by KashKick. The current minimum balance required for redemption is $10, but this is subject to change at KashKick’s sole discretion.
KashKick Kash is non-transferable and non-assignable, may not be bartered or sold, and is void if a transfer of any kind is attempted, and KashKick Kash and the associated User account are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law.
Users may complete various activities or use features, services, and applications on or through the Website to earn rewards, such as taking surveys, completing offers, and playing games (collectively, “Rewards Programs”). These activities may include and be subject to additional terms, official rules, or agreements. KashKick may be compensated by third parties with which it has a business relationship (“Third Party Partners”) for these actions, which may include signing up for products and services, requests for more information, offer purchases, market research studies, video content distribution, search, and more. The tracking and reporting of these activities for the purpose of crediting Users with KashKick Kash is dependent on outside events including the Third Party Partner’s discretion. If You choose to participate in and follow the instructions associated with a Rewards Program, upon satisfying all of the requirements of the Rewards Program, You will be awarded the Kash associated with that Rewards Program as long as Company and/or its Third Party Partners are able to properly track Your participation in the Rewards Program. In addition, Your earning and accrual of Kash is contingent upon KashKick in-fact receiving related compensation from the applicable third party; If the applicable third party does not pay KashKick, then KashKick is not liable or responsible to credit your account with the corresponding Kash. Company shall not be responsible or liable for, nor shall Company be obligated to award earnings or KashKick Kash to Users whose participation in a Rewards Program is not properly recorded, tracked, and/or deemed approved under Company’s or its Third Party Partner’s policies and any earnings previously granted may be revoked. No earnings will be awarded if a User is deemed to have been using ad blockers or ad blocking technology. Company bears no responsibility for any activities reported as completed by Users for which it has no record. Company is not responsible for actions or errors of any third party including Third Party Partners.
Crediting of User earnings typically occurs within 30 days unless otherwise stated. KashKick reserves the right to request that Users allow for reasonable crediting time for each Third Party Partner to report User activities for the purposes of Kash to User accounts.
The Company may limit, suspend, or terminate Your ability to participate in a Rewards Program in its sole discretion. You agree to abide by the final and binding decisions of Company regarding any Rewards Program and Your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points or progress You may have accrued, at any time.
Users may redeem KashKick Kash for cash value via PayPal (“Kashout” or “Kash Out”). Company may also permit other methods for the redemption of KashKick Kash, such as through conversion to gift cards, in its sole discretion. A historical record of a User’s past redemptions of KashKick Kash (“Kashouts” or “Kash Outs”) can be found on the User’s account page. Payments to approved User accounts are made on a regular biweekly basis. KashKick reserves the right to change the method of payment or Kashout at any time.
In order to redeem KashKick Kash via PayPal, You must have a U.S. verified PayPal account that is older than thirty (30) days old. Any unverified or foreign PayPal accounts will be disqualified from the redemption of KashKick Kash in Company's sole discretion and Company reserves the right to pursue additional legal remedies on its behalf.
All User KashKick Kash will have a Pending Period associated with it in order to account for chargebacks, returns, or actions the Third Party Partner ascertains or believes in its business judgement to be fraudulent. Untoward behavior, manipulation, or any other actions by the User deemed to be not in keeping with the intent of the Rewards Program, which is to be provided to Users who are highly engaged with and exhibit genuine interest and intent in the Third Party Partner’s products or services, may have their reward(s) reversed, in KashKick’s or its Third Party Partner’s sole discretion.
KashKick may reverse any user earnings if a User signed up for a product trial or service or purchased a product and then canceled the trial, service, or shipment of the product. KashKick furthermore reserves the right to cancel such User accounts with any and all earnings forfeited if KashKick determines, in its sole discretion, that the User signed up for the purpose of receiving a reward without having genuine interest in the product, offer, or service.
KashKick may also reverse any User earnings and reserves the right to cancel any User accounts, in its sole discretion, if it determines that Users misrepresented themselves in any Surveys. Users are expected to answer any surveys thoughtfully and with accurate information.
Users who have not signed into their account for ninety (90) days are considered inactive. If a User's account is deemed “inactive” due to lack of sign-in for ninety (90) days , all verified earnings are considered unclaimed and deemed forfeited, and KashKick may close the User account. KashKick shall have no liability of any kind to any User in relation to a closed or terminated account.
Users are responsible for maintaining accurate and complete contact information and promptly updating such information as personal contact information or email address, or if a User has difficulty with their email service provider. If any payment sent out to a User is returned to Us for any reason, including Our being provided with inaccurate or outdated contact information, We may continue to hold such payment for up to sixty (60) days and may resend the payment upon request and receipt of correct contact information within the sixty (60) day period. If We do not receive a request to resend payment along with corrected contact information within ninety (90) days, then all earnings giving rise to the payment are deemed forfeited and the payment is forfeited and permanently waived.
You represent and warrant that:
KashKick reserves the right to suspend or terminate Your account if You provide any information that is untrue, inaccurate, not current, or incomplete, or KashKick has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. All User earnings will be forfeited and all current or future use of the Website (or any portion thereof) and Company Services may not be allowed. Company also has the right to suspend or terminate Your account if You are found misrepresenting information about Yourself to third parties whose offers, surveys, videos, and other services are available to You through the Website or Company Services.
The Company urges Users to ensure their account remains active by using the Website and Company Services and performing activities that increase their User account balance. Payment requests will be removed if a User's account becomes inactive for any reason. The automated system deactivates User's accounts based on the below criteria and runs immediately before payments are processed. Therefore, it is possible for a User's account to be set to inactive immediately before their payment is processed. A User's account will be set to inactive for any of the following reasons:
If a User's account is considered inactive for lack of activity, all verified earnings are considered unclaimed and deemed forfeited.
If a User's account becomes inactive, the User can reactivate it within six (6) months of the account being placed on inactive status. In order to reactivate an inactive account, Users must log into the inactive account and request that a confirmation email be sent to them. When the User clicks the link provided in the confirmation email, the User’s account will be reactivated. For purposes of clarity, when a User's account is reactivated, any forfeited earnings will not be claimed or reclaimed.
Users may not access or use the Website or Company Services for any purpose other than that for which Company makes it available. The Website or Company Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. You agree not to engage in any prohibited activity, which includes, but is not limited to:
If Company determines, in its sole discretion, that a User has engaged or attempted to engage in any prohibited conduct, all User earnings are deemed forfeited and cannot be redeemed for cash value. Company may also close or suspend the User’s account. User acknowledges that Company may take such actions with or without notice to User.
Company also reserves the right to remove, reclaim, or change a user name You select if Company determines it is appropriate in its sole discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
You acknowledge and agree that the Website and Company Services have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets of the Company. It is Our policy to enforce these intellectual property rights to the fullest extent permitted under law.
The content on the Website (“Company Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to You “AS IS” and “AS-AVAILABLE” for Your information and personal use only and may not be used, copied, reproduced, transferred, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, published, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that You are eligible to use the Website, You are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which You have properly gained access solely for Your personal, non-commercial use. Non-commercial use does not include use of the Company Content or Website to train or provide information or input into any software program, including but not limited to training a machine learning or artificial intelligence (AI) system or tool, or providing any data sets containing Website Content to any third party. Your limited license to use the Website and Company Content is not transferable. You may not distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the Website or Company Content and Marks, including any text, images, audio, and video, for public or commercial purposes without the Company’s prior written permission. Your limited license to use the Website and Company Content is not transferable. Company reserves all rights not expressly granted to You in and to the Website and Company Content and Marks.
If You are accessing the Company Services via a mobile application (“KashKick App”), then Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the KashKick App on wireless handsets owned and controlled by You, and to access and use the KashKick App on such devices strictly in accordance with the terms and conditions of this license. You agree that You shall not:
The following terms apply when You use the KashKick App, obtained from either the Apple Store or Google Play, to access and use the Company Services. You acknowledge that this Agreement is between You and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Company, not an App Distributor, is solely responsible for the KashKick App and the content thereof. In addition, the following terms apply:
Company may accept, reject, or remove User reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews must comply with the following, as well as with all applicable laws and regulations including laws and regulations regarding false advertising and endorsements:
Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or the Company Services (“Submissions”) provided by You to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
The Website contains (or the Company may send You through the Website or the Company Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Websites accessed through the Website or Company Services or any Third Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by Us.
If You decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites to which You navigate from the Website or relating to any applications You use or install from the Website. Any purchases You make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.
As part of the functionality of the Website, You may link Your account on the Website with online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either: (a) providing Your Third Party Account login information through the Website; or (b) allowing Company to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account. You represent that You are entitled to disclose Your Third Party Account login information to Company and/or grant Company access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers.
BY GRANTING COMPANY ACCESS TO ANY THIRD PARTY ACCOUNTS, YOU UNDERSTAND THAT (A) COMPANY MAY ACCESS, MAKE AVAILABLE AND STORE (IF APPLICABLE) ANY CONTENT THAT YOU HAVE PROVIDED TO AND STORED IN YOUR THIRD PARTY ACCOUNT (THE “SOCIAL NETWORK CONTENT”) SO THAT IT IS AVAILABLE ON AND THROUGH THE WEBSITE VIA YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION ANY FRIEND LISTS, AND (B) COMPANY MAY SUBMIT ADDITIONAL INFORMATION TO AND RECEIVE ADDITIONAL INFORMATION FROM YOUR THIRD PARTY ACCOUNT TO THE EXTENT YOU ARE NOTIFIED WHEN YOU LINK YOUR ACCOUNT WITH THE THIRD PARTY ACCOUNT. DEPENDING ON THE THIRD PARTY ACCOUNTS YOU CHOOSE, AND SUBJECT TO THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNTS, PERSONALLY IDENTIFIABLE INFORMATION THAT YOU POST TO YOUR THIRD PARTY ACCOUNTS MAY BE AVAILABLE ON AND THROUGH YOUR ACCOUNT ON THE WEBSITE. PLEASE NOTE THAT IF A THIRD PARTY ACCOUNT OR ASSOCIATED SERVICE BECOMES UNAVAILABLE OR COMPANY'S ACCESS TO SUCH THIRD PARTY ACCOUNT IS TERMINATED BY THE THIRD PARTY SERVICE PROVIDER, THEN SOCIAL NETWORK CONTENT MAY NO LONGER BE AVAILABLE ON AND THROUGH THE WEBSITE.
YOU WILL HAVE THE ABILITY TO DISABLE THE CONNECTION BETWEEN YOUR ACCOUNT ON THE WEBSITE AND YOUR THIRD PARTY ACCOUNTS AT ANY TIME. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. COMPANY MAKES NO EFFORT TO REVIEW ANY SOCIAL NETWORK CONTENT FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, FOR ACCURACY, LEGALITY, OR NON-INFRINGEMENT, AND COMPANY IS NOT RESPONSIBLE FOR ANY SOCIAL NETWORK CONTENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAY ACCESS YOUR E-MAIL ADDRESS BOOK ASSOCIATED WITH A THIRD PARTY ACCOUNT AND YOUR CONTACTS LIST STORED ON YOUR MOBILE DEVICE OR TABLET COMPUTER SOLELY FOR THE PURPOSES OF IDENTIFYING AND INFORMING YOU OF THOSE CONTACTS WHO HAVE ALSO REGISTERED TO USE THE WEBSITE. AT YOUR REQUEST MADE VIA EMAIL TO OUR EMAIL ADDRESS LISTED BELOW, OR THROUGH YOUR ACCOUNT SETTINGS (IF APPLICABLE), COMPANY WILL DEACTIVATE THE CONNECTION BETWEEN THE WEBSITE AND YOUR THIRD PARTY ACCOUNT AND DELETE ANY INFORMATION STORED ON COMPANY'S SERVERS THAT WAS OBTAINED THROUGH SUCH THIRD PARTY ACCOUNT, EXCEPT THE USERNAME AND PROFILE PICTURE THAT BECOME ASSOCIATED WITH YOUR ACCOUNT.
Without limitation, notice, or liability, Company reserves the right but does not have the obligation to:
This Agreement shall remain in full force and effect while You use the Website, use Company Services, or are otherwise a User of the Website, as applicable. You may terminate Your use or participation at any time, for any reason, by following the instructions for terminating user accounts in Your account settings, if available, or by contacting Us using the contact information below.
If the Company terminates Your account with the Website because you have breached this Agreement, You shall not be entitled to the refund of any unused portion of subscription fees, should any exist, or any monies owed to you by the Website for whatever reason. Even after your account is terminated, this Agreement will remain in full effect. The Company has the right to terminate any additional accounts created by a person and/or individual in that person's household whose account was terminated without notice.
Further, If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Without limiting any other provision of this Agreement, Company reserves the right to, in Company's sole discretion and without notice or liability, deny access to and use of the Website and the Company Services to any person for any reason or for no reason at all, including, without limitation, for breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation, and Company may terminate Your use or participation in the Website and the Company Services, delete Your profile and any content or information that You have posted at any time, without warning, in Company's sole discretion.
In order to protect the integrity of the Website and Company Services, Company reserves the right, in its sole discretion, to block certain IP addresses from accessing the Website and Company Services at any time.
Any provisions of this Agreement that need to survive the termination or expiration of this Agreement in order to fulfill the purposes of such provisions shall be deemed to survive for as long as necessary to fulfill such purposes.
You understand that certain states may allow You to cancel this agreement, without any penalty or obligation, at any time prior to midnight of Company's third business day following the date of this Agreement, excluding Sundays and holidays. To cancel, access Your account and follow the instructions to cancel account in account settings. This section applies only to individuals residing in states with such laws.
Company may modify this Agreement at any time and modifications are made within Company’s sole discretion. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. Modifications to this Agreement shall be effective after posting. You agree to be bound to any changes to this Agreement when You use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that You regularly review this Agreement and keep Your contact information current in Your account settings to ensure You are informed of changes. You agree that You will periodically check the Website for updates to this Agreement and You will read the messages We send You to inform You of any changes.
Company reserves the right to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof), in whole or in part, or modify or discontinue any offer or relationship with any Third Party Partners, with or without notice, at any time. You agree that Company shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Company Services or Website, in whole or in part, as described above.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
You agree that Your use of the Website and Company Services will be at Your sole risk. To the fullest extent permitted by law, Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and the Company Services and Your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any websites linked to the Website. assumes no liability or responsibility for any of the following;
You agree that Company will not be liable for, or be required to provide any compensation to You with respect to, the termination of any Rewards Program, including without limitation any KashKick Kash or other rewards in Your account or otherwise existing in Your favor at the time of termination. You agree that We are not responsible for the loss or impairment of any earnings or KashKick Kash, regardless of monetary value, in the event there is any: change in the value of KashKick Kash (as determined in Company’s sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack, or other events which make it commercially unreasonable for Us to determine the KashKick Kash balance or value of any account.
Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services.
Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions, or other content available on or linked to by the Website, including, without limitation, content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content You may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
Nothing in this Agreement shall limit or exclude Our liability for any liability that, by law, may not be limited or excluded.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers or limitations may not apply to You, and You may have additional rights.
If You are a California resident, You waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of the following:
Notwithstanding the above, Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and You agree to cooperate, at Your expense, with Company's defense of such claims. Company will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You hereby acknowledge that KashKick Kash or any other earnings or rewards You earn or redeem through Your use of the Website or Company Services, including any Kashouts You made for cash value, may be considered reportable taxable earnings in Your jurisdiction. You agree that You are solely responsible for any and all tax liability arising from or associated with Your use of the Website or Company Services. We reserve the right to require You to provide necessary tax reporting information if Our records show that You are or may be required to report the value of Your KashKick Kash or any other earnings or rewards to an appropriate tax authority.
If there is a dispute between users of the Website or between users and any third party, You understand and agree that Company is under no obligation to become involved. In the event that You have a dispute with one or more other users, You hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
All questions of law, rights, and remedies regarding any act, event, or occurrence undertaken pursuant or relating to the Website or the Company Services shall be governed and construed by the laws of the State/Commonwealth of Delaware, excluding such state's conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to the Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Dade County, State of Florida; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action, or proceeding by You related in any way to the Website and/or the Company Services (including Your visit to or use of the Website and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if We have to take any legal action to enforce this Agreement.
Our Website will maintain certain data that You transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to Your use of the Company Services. Although We perform regular routine backups of data, You are primarily responsible for all data that You have transferred or that relates to any activity You have undertaken using the Company Services. You agree that Company shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Company arising from any such loss or corruption of such data.
From time to time, KashKick may enter into a business relationship with third parties that may involve tracking, collection, and/or disclosure of certain information regarding Users, such as geo-tracking and mobile technology.
We care about the privacy of Our users. Please review the Company Privacy Policy. By using the Website or Company Services, You are consenting to have Your personal data transferred to and processed in the United States. By using the Website or the Company Services, You are consenting to the terms of Our Privacy Policy.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to You shall be given to the email address You provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Your use of the Website and Company Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions You enter into relating to the Company Services, including notices of cancellation, policies, contracts, and applications. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.
Users are allowed to transmit and receive valid electronic signatures on the Website in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users' signatures and identities are not authenticated on KashKick.
This Agreement constitutes the entire agreement between You and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and Your account may not be assigned by You without Our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between You and Company as a result of this Agreement or Your use of the Website or Company Services. Upon Company's request, You will furnish Company any documentation, substantiation, or releases necessary to verify Your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of the Company having drafted it. You hereby waive any and all defenses You may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Website or Company Services or to receive further information regarding use of the Website or Company Services, please contact Company as set forth below:
KashKick.com,
c/o Besitos Corporation
Attn: Privacy Officer
1201 N Orange Street,
Suite #7276
Wilmington DE 19801-1186
Or, You may email Us at [email protected]