Overview

Terms of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/22/2016.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Kicks For Us, also known as KFU and our subsidiaries and affiliates, in association with the use of the Kicks For Us website, which includes https://KicksFor.Us, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website as well as an automation platform which has the following description:

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall be considered a “member”.

The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are sole property of Kicks For Us. At its discretion, Kicks For Us may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products any and all updated, modified or revised Services unless otherwise stipulated. Kicks For Us does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Kicks For Us shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Kicks For Us shall not assume responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalized settings.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. If you are younger than 18 years of age, you must be accompanied by someone that is of age and will enter and form said legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Kicks For Us’s Services under the laws and statues of the United States or other applicable jurisdiction.

When you register, Kicks For Us may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Kicks For Us and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understand and agrees to:

  1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Kicks For Us will have sufficient grounds and rights to suspend or terminate the meter in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Kicks For Us Services, or any portion thereof.

It is Kicks For Us’s priority to ensure the safety and privacy of all its visitors, users, and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Kicks For Us website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, emails, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized suer of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Kicks For Us immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Kicks For Us shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a user member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is public or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Kicks For Us Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Kicks For Us.

Furthermore, you herein agree not to make use of Kicks For Us’s Services for the purpose of:

  1. impersonating any individual or entity, including, but not limited to, any Kicks For Us officials or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  2. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  3. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  4. uploading, posting, emailing, transmitting or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail”, “span”, or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  5. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus, or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  6. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  7. interfering with or disrupting any Kicks For Us Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  8. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or NASDAQ, and any regulations having the force of law;
  9. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorists organization” in accordance to Section 219 of the Immigration Nationality Act;
  10. “stalking” or with the intent to otherwise harass another individual; and/or
  11. collecting or storing of any personal data relating to any other member or use in connection with the prohibited conduct and/or actives which have been set forth in the aforementioned paragraphs.
  12. Kicks For Us herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

Kicks For Us herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by the law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the TOS;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of Kicks For Us, it’s visitors, users and members, including the general public.

Kicks For Us herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Kicks For Us or any other content providers supplying content services to Kicks For Us. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable exports and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United Sates (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gove/complianceandenforcement/listtocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTRIBUTIONS TO COMPANY WEBSITE

Kicks For Us provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  1. your contributions do not contain any type of confidential or proprietary information;
  2. Kicks For Us shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. Kicks For Us shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. the contributor’s Contributions shall automatically become the sole property of Kicks For Us; and
  5. Kicks For Us is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold Kicks For Us, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim of demand, which many include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or use of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Kicks For Us Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Kicks For Us’s sites.