KickoffLabs LLC Terms of Service

Last Updated: August 14th, 2017

Welcome to the KickoffLabs LLC. (“KickoffLabs”, “We”, “Us” or “Our”) Terms of Service (the “Terms”). We (the guys behind KickoffLabs) run this simple customer sign up service and would love for you to use it. We offer both free and paid plans that include features such as domain hosting and larger customer lists. Our service is designed to give you as much ownership over what goes on your site and your customer data. We encourage you to promote your business and build a customer list as freely as possible.

Please read these Terms carefully because they govern your use of our website www.kickofflabs.com (the “Site”) and the services and products available at or through the website. Please read the Terms carefully. If you have any questions, contact us at support@kickofflabs.com. To make these Terms easier to read, the Site, and Our products and services and are collectively called the “Services.”

We know you’re eager to start building and creating, so we’ll make this simple:

  1. Make sure that none of the prohibited items listed below appear on your site or get linked to from your site (we’re referring to things like spam, viruses, or hate content).
  2. Make sure you respect your customers’ data and rights to online privacy as much as you would have them respect yours.
### **Agreement to Terms** {.p5}

By accessing, installing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, its simple: do not use the Services. If you find a KickoffLabs.com site that you believe violates our terms of service, please send a report to support@kickofflabs.com.

### **Changes to Terms or Services** {.p5}

We may modify the Terms and our Services at any time, in our sole discretion. If we do so, we’ll let you know by email. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.

### **Creating an Account** {.p5}

In order to access and use the Services, you will need to create an account (your “Account”). By creating an Account, you become a “User” and represent that you are thirteen (13) years or older and are not barred from using the Services under applicable law. Certain Account types may allow you to create a number of sub-accounts (“Sub-Accounts”) for use in and by your business. If your Account allows for Sub-Accounts, you are solely responsible for compliance with these Terms by those parties to whom you give Sub-Account access (“Sub-Account Users”). If your Account allows for Sub-Accounts, the term “Account” shall include your Account and any and all Sub-Accounts affiliated with your Account.

Your Account should be yours – don’t use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization. You represent and warrant that the parties to whom you may provide Sub-Account access, We have a strict “No Robots” policy. You must be a human to use the Service and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed. Keep it real, people.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates Our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify Us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You can link your Account to various social networks and other online platforms with which the Services are integrated. You may only link your own Account(s) and by doing so, you expressly authorize Us to retain your Account information from those third party accounts, on your behalf and permit Us to store your Account information for the purpose of providing the Services.

### **Payment Terms** {.p5}

KickoffLabs offers Services under both free and paid plans. In order to subscribe to a paid Account, you will need a valid credit card. Free Accounts are not required to provide a credit card number. For more information about how we handle credit card and other personally identifying and sensitive personal information you may provide us, please read our Privacy Policy at https://kickofflabs.com/privacy-policy/.

Users with paid Accounts will be billed monthly starting on the day you sign up and then monthly every 30th day therefrom. If you upgrade from a free to a paid Account you will be billed immediately upon upgrading and then monthly every 30th day therefrom. Each bill paid ensures your access to portions of the Services that require payment for the next thirty (30) days. If you are not satisfied during your first thirty (30) days of using Our Services (ouch!), you may contact us to request a refund. Refunds may not be granted if you’ve collected over 500 leads.

After your first thirty (30) days of using your paid Account, there are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open paid Account. In order to treat everyone equally, no exceptions will be made.

If you upgrade your Account plan, your paid Account will be charged the prorated amount for the remainder of the billing period. Downgrading your paid Account may cause the loss of Content, customer lists, or features, available to your Account at your current plan. KickoffLabs is not, and will not be held to be, liable for such loss.

### **Feedback** {.p5}

We welcome feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at support@kickofflabs.com. You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

### **Privacy policy** {.p5}

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at https://kickofflabs.com/privacy-policy/.

### **User Content and Information Collection Practices** {.p5}

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, emails to customers, customer lists and information or other materials that are posted, generated, provided or otherwise made available through the Services by you through your Account and any Sub-Accounts affiliated with your Account. You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. We claim no intellectual property rights over the material you provide to or on the Service. Your site and your Content remain yours. However, by creating Content to be shared publicly on or through Our Services, you agree to allow others to view and share your Content published through the Service.

KickoffLabs does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant Us a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Our Services.

You represent and warrant that your Content and information collection and marketing practices conform to legal requirements, including those of the TCPA/CAN-SPAM, and that:

  1. Your 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;
  2. Your posting of Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, consent rights or any other rights of any person. KickoffLabs does not pre-screen Content, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove any Content that is available via the Service. KickoffLabs will have no obligation to provide a refund of any amounts previously paid by any user.
  3. Upon posting, publishing, or otherwise creating Content on your site(s) through Our Services, you direct your users, customers and site visitors to your own terms, conditions, rules and policies. KickoffLabs is not, and will not be held to be responsible for Content appearing on your site(s), and any disputes, claims or actions arising out of such Content.

You are responsible for any requirements for notification with regards to tracking and communicating with your customers, site visitors and other users of your site(s). While KickoffLabs uses software employing standard tracking cookies to help identify users within the context of your and other Users’ lead generation campaigns, you are responsible for notification to your users whether We, you or your agent are managing the lead generation campaign. We take no responsibility for any disputes, claims or controversies arising from or out of any information collection practices you employ, including “pay per click” advertising, “cost per acquisition” or “cost per response basis” services, or any intended, unintended or unknown actual or allegedly unlawful collection of data or information by means of electronic “spiders”, “spybots”, “spyware”, web beacons, tracking bugs, third party cookies or similar means, wire tapping or bugging, video cameras, or radio frequency identification tags or other materially similar methods the collection of information.

### **User Conduct** {.p5}

We do expect that any time you are using the Services, participating in our community, and/or promoting your content and campaigns through the Services, you agree NOT to:

  • use language or transmit Content through the Services that may be considered offensive or profane. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
  • harass or threaten other Users through the Services. Harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat or discomfort.
  • submit material through the Services that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publish falsehoods or misrepresentations that could damage Us, Our Users or any third party;
  • publish through the Services, any private information of someone (like their address or phone number) without their permission;
  • submit material through the Services that is unlawful, non-consensual, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
  • impersonate another person or represent yourself or your site as affiliated with Us, or Our staff;
  • This list is an example and is not intended to be complete or exclusive. KickoffLabs does not pre-screen Content, and We don’t have an obligation to monitor your access to, or use of, the Services. We do, however, reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

    You can remove your Content by specifically deleting it. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content, nor are we responsible for any harm, including monetary loss or damage, resulting from or out of any Content published on your site(s).

    ### Hate Speech Will Not be Tolerated {.p1}

    Our product is designed to help organizations and businesses grow their audience. But we do not and will not support content and campaigns that promote or condone violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics.

    We recognize that this is a balancing act, but if the primary purpose is to attack individuals or protected groups, the content and campaign crosses the line and will be removed.

    We will not provide hatred with a voice. If you feel there is content that crosses these lines being hosted by our product please contact support@kickofflabs.com.

    ### Harassment, Bullying, and Threats Will Not be Tolerated {.p1}

    Do not engage in harassing, bullying, or threatening behavior, and do not incite others to engage in these activities. Anyone using KickoffLabs to single someone out for malicious abuse, to threaten someone with serious harm, to sexualize a person in an unwanted way, or to harass in other ways may have the offending content removed or be permanently banned from using the Services. In emergency situations, we may escalate imminent threats of serious harm to law enforcement. Keep in mind that online harassment is also illegal in many places and can have serious offline consequences for both the harasser and the victim.

    If you feel someone is being bullied by content or campaigns hosted by our product please contact support@kickofflabs.com.

    ### **KickoffLabs’ Content** {.p5}

    Subject to your compliance with these Terms, KickoffLabs grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view Our content (“KickoffLabs Content”) solely in connection with your permitted use of the Services. If your Account allows for the creation of Sub-Accounts, the above limited license is extended to the Sub-Account User. For the purposes of these Terms, KickoffLabs Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by Us or Our affiliates of any kind, and information or other materials that are posted or generated by KickoffLabs or Our affiliates.

    You have the right to view and access KickoffLabs Content. While you have an active Account with Us and if such feature is part of your plan, you may edit and modify the HTML/CSS of site and screen layouts, arrangements and themes provided to Users through the Services. However, immediately upon termination, discontinuation or cancellation of your Account, you, and any Sub-Account Users may no longer use, copy, borrow, modify or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute KickoffLabs Content or the Services to a third party other than such User’s Sub-Account Users; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any KickoffLabs Content; or (iii) use the Services or KickoffLabs Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. At no time is any Sub-Account User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute KickoffLabs Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any KickoffLabs Content; or (iii) use the Services or KickoffLabs Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.  You acknowledge sole responsibility for and assume all risk arising from your use or reliance, and the use and reliance of youe Sub-Account Users of any KickoffLabs Content.

    ### **Intellectual Property** {.p5}

    The Services contain material that may be protected by United States and international copyright, trademark and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information and all KickoffLabs Content. KickoffLabs and any of its licensors exclusively own all right, title and interest in and to the Services and KickoffLabs Content, including all associated intellectual property rights. You acknowledge that the Services and KickoffLabs Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and KickoffLabs Content. Further You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the KickoffLabs Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

    ### **DMCA/Copyright Policy** {.p5}

    KIckoffLabs LLC respects copyright law and expects its Users to do the same. It is Our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.

    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The notification must be sent to:

    #### KickoffLabs LLC
    Attn: Legal Department

    4111 E. Madison St., #19

    Seattle, WA 98112

    We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

    ### **Links and Advertisements of Third Party Websites or Resources** {.p5}

    The Services may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

    ### **Indemnity** {.p5}

    You agree to defend, indemnify and hold harmless KickoffLabs, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your Sub-Account User’s use of and access to the Services, if any; (iii) your violation of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (v) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

    ### **Termination** {.p5}

    We may terminate your access to and use of the Services and Account, including any Sub-Accounts affiliated with your Account, at our sole discretion, at any time and without notice to you. You may also cancel your Account by choosing the “Manage Account” tab on your Account dashboard. Cancelling your Account will also terminate any Sub-Accounts affiliated with your Account. All of your Content will be immediately deleted from the Services upon cancellation. If We terminate your access to the Services and your Account, and you have not violated these Terms, you may be eligible for a proration of the amount of your current billing cycle. If you cancel the Service before the end of your current billing cycle, the cancellation will take effect immediately. You will not be charged for the next cycle and you will not be refunded for the remainder of the month for which you’ve already paid.

    Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

    ### **Warranty Disclaimers** {.p5}

    The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

    ### **Limitation of Liability** {.p5}

    NEITHER KICKOFFlabs NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, mOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not KICKOFFlabs has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.


    ### **Dispute Resolution** {.p5}

    We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to support@kickofflabs.com.

      1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
      2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
      3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
    ### **Entire Agreement** {.p5}

    These Terms constitute the entire and exclusive understanding and agreement between KickoffLabs and you.  These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

    You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

    Any notices or other communications provided by KickoffLabs under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    KickoffLabs’ failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of KickoffLabs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    ### **Questions & contact information** {.p5}

    If you have any questions regarding these Terms, please email us at support@kickofflabs.com.