Terms of Service
Welcome to KikuPal™!
KikuPal, LLC (“KikuPal™,” “we,” “us” or “our”) owns and operates the website, www.KikuPal.com, any mobile or touch versions and any sites which it has now or may have in the future that reference these Terms of Service (collectively, "Site"). By (a) using the Site and KikuPal's services through the Site, (b) signging up for an account and/or (c) completing a purchase on the Site, you agree to these Terms of Service and any additional terms applicable to certain programs in which you may elect to participate. You also agree to KikuPal's Privacy Statement, and acknowledge that you will regularly visit the KikuPal Terms of Service for any updates. The Privacy Statement, together with these Terms of Service and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Service." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY KIKUPAL SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY KIKUPOINTS, PRODUCT, OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF SERVICE CAREFULLY: (A) DISPUTES/MANDATORY INDIVIDUAL ARBITRATION, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.
KikuPal™ may amend the Terms of Service and modify or update the services or service providers from time to time without notice and at its sole discretion. Your continued use of the Site and services after any such change posted here will constitute your acceptance of the amended Terms of Service.
Access to the Website
We work hard to ensure the Site is always up and available, but we can't guarantee that the Site will not have downtime for any reason. KikuPal reserves the right to close the Site and/or restrict its use for appropiate periods of time required for general maintenance. These restricted periods of time will be kept at a minimum. KikuPal will not be liable if for any reason all or any part of the Site is unavailable at any time, for any length of time.
You may only access the services or order goods from KikuPal™ using authorized means. You will not use KikuPal's services for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. It is your responsibility to ensure you have the correct software and equipment for use with the Services. You will only use an access point or data account that you are authorized to use. KikuPal™ reserves the right to terminate your use of the Services if you use an incompatible or unauthorized device, or if you have failed to comply with any provision of these Terms of Service.
Parts of the Site requires you to input a password to access certain features. To do this, as part of KikuPal's Security procedures, KikuPal™ requires you to enter your email and to choose and use a secure password. KikuPal™ highly recommends that you choose a strong passwrod that is hard to guess, and you log out from your account at the end of every session. If your think there may be any breach of security, KikuPal™ assumes no responsibility for any breach or suspected breach. It is solely your responsibility to notify KikuPal™ immediately of any such breach or suspected breach. You should immediately log-in in your account if possible and change your password in the event of any breach or suspiction of breach.
KikuPal™’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND OTHER UNFORESEEABLE OR UNAVOIDABLE CIRCUMSTANCES. KIKUPAL™ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE THAT DIRECTLY OR INDIRECTLY RESULT FROM, OR THAT IS RELATED TO, SUCH CIRCUMSTANCES.
By accessing KikuPal™'s Site and accepting the Terms of Service provided here, you warrant that all information that you provide to KikuPal™ or to KikuPal™'s service providers and partners is true and accurate, and you agree to nmaintain any such information up-to-date.
YOU ALLOW KIKUPAL™'S TO SHARE YOUR CONTACT INFORMATION WITH KIKUPAL™'S SERVICE PROVIDERS SO THEY CAN COORDINATE THE SERVICE WITH YOU AS WELL AS HELP YOU WITH ANY QUESTIONS YOU MAY HAVE REGARDING THE SERVICE YOU REQUESTED.
You understand that use of the Services presented on the Site will result in deductions to your balance in your account. Charges are final and non-refundable, unless otherwise provided herein as determined by KikuPal™. All charges are deducted from your KikuPal™'s account immediately.
KikuPal™ estimates de KikuPoint cost of the services based on the information provided by you. If the information provided by you is innacurate and it affects the KikuPoint pricing provided, a KikuPoint adjustment may be applied against your KikuPal™ account accordingly.
KikuPal™ reserves the right to establish, remove and/or revise the number of KikuPoints for any or all services obtained through the use of the Site at any time in KikuPal™'s sole discretion and without notice. KikuPal™may from time to time provide certain users with promotional offers and discounts that may result in different KikuPoints being required for the same or similar services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the services or the KikuPoints applied against your account. You may elect to cancel your request for services and goods at any time prior to the rendering of such services or the receipt of goods/services, in which case a KikuPoint deduction may be applied against your account for the cancellation.
This KikuPoint payment structure is intended to fully compensate the service provider for the services provided. Any representation by KikuPal™to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that KikuPal™ provides any additional amounts, beyond those described at time of order, to a service provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any service provider who provides you with services obatined through KikuPal™, you are under no obligation to do so. After you have received services or goods from the service provider, you will have the opportunity to rate your experience and provide additional feedback about the service provider.
KikuPal™ will always endeavor to fulfill your order once scheduled and accounted for. If a service should become unavailable after your order has been confirmed, KikuPal™ will credit your account for the amount of the service within 30 days of being made aware from the dtae of order. If your order includes services that are temporarily unavailable, we will notify you.
Your order will be delivered to the address you indicated when your order was placed. KikuPal™ does everything in its power to respect the delivery times identified by you at the time of ordering. KikuPal™ cannot, however, be held responsible for the consequences of a late delivery caused by you or an unforeseen event or an Act of God. In the event where you do not receive your service or it is delivered late, an investigation will be conducted with the service provider and may take several days upon recipt if your claim. During this period of investigation, no reimbursement or re-delivery will take place.
KikuPal™ currently offers one way to pay for your order, PayPal. This payment option uses advanced SSL encryption to keep your transaction secure. Please refer to PayPal for full terms and conditions of use.
Privacy and Protection of Personal Data
The details you give KikuPal™ are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By having an account on KikuPal™, you agree to provide KikuPal™ with accurate and true information as it concerns you. Communicating false information is contrary to the present general Terms of Service and will result in possible cancellation of your KikuPal™ account.
You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to us to find out what personal information KikuPal™ hold concerning you. You may at any time, and by request, modify this information.
Consent to Audioaled Text Messages, Emails, and Phone Calls
You agree that KikuPal™ or KikuPal™'s service providers/partners may contact you by autodialed text messages and emails with information about the services, your account, and with marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the services, and may opt out at any time by contacting KikuPal™. In the event you change or deactivate your mobile telephone number, you agree to promptly update your KikuPal™ account information to ensure that your messages are received.
Consent to Call Recording
You agree that any phone calls to or from KikuPal™ may be monitored or recorded for quality assurance purposes.
Intellectual Property Ownership
KikuPal™ alone (and its licensors, where applicable) shall own all of the right, title and interest (including all related intellectual property rights), in and to the content of all past, present, and future versions of the KikuPal™ Site, the Services made available under the KikuPal™ brand, all data generated and/or compiled from the use of the Site or sale of services or goods by KikuPal™, all business methods and other commercially valuable intellectual property derived therefrom, and all customer lists, know how, trademarks, copyrights, logos, and trade secrets associated with KikuPal™ or any of its affiliates and providers/partners.
KikuPal™ intellectual property shall include, but is not limited to all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, materials, technology, interactive features, the “look and feel” of the Services, the compilation and arrangement of the Services, KikuPal™ trademarks, all copyrightable material (including source code and object code), business methods, trade secrets, compiled data, and any derivative works or enhancements of any of the above. Any partial or total reproduction of this content, by any means and on any support, will be deemed a violation of the Terms of Service and of KikuPal™'s intellectual property rights, and wil be subject to legal action and damages to KikuPal™ for the unathorized use thereof.
KikuPal™ alone (and its licensors, where applicable) shall also own all of the right, title, and interest (including all related intellectual property right), in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
Access to the KikuPal™ Site shall not be construed as a grant or license to use any intellectual property rights of KikuPal™. KikuPal™ name, KikuPal™ logo, and the product names associated with the Services are trademarks of KikuPal™, and no right or license is granted to use them.
KikuPal™ will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Third Party Services
This section applies if you egage with a KikuPal™ service provider directly and not through KikuPal™'s website.
During your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of other third party providers, advertisers or sponsors showing their goods and/or services through the KikuPal™'s Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. KikuPal™ and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. KikuPal™ does not endorse any sites on the Internet that are linked through the Services or service providers that are not KikuPal™'s service providers, and in no event shall KikuPal™ or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and KikuPal™ disclaims any and all responsibility or liability arising from such agreements between you and any other third party providers.
KikuPal™ may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these Terms of Service you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify KikuPal™ in writing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Site.
Waiver and Severability
Any failure of KikuPal™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and KikuPal™, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback & Comments
Any opinions left on the Site by KikuPal™'s customers are screened and moderated by KikuPal™. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), KikuPal™ reserves the right to refuse or modify it.
KikuPoints may not be transferred, assigned, pledged, or otherwise be modified to reflect a change in ownership in any manner (whether by operation of law or otherwise). Any attempt to transfer, assign, pledge, hypothecate, or otherwise dispose of KikuPoints or of any right or privilege conferred as a result of services or products secured with KikuPoints shall be null and void.
You KikuPal™ account is non-transferable. You cannot sell, combine, or otherwise transfer your KikuPal™ account or KikuPoints in the KikuPal™ account with any other person. Any violation of these Terms of Service, including, without limitation, failure to maintain updated and correct information about your KikuPal™ account will cause your account to fall out of good standing and KikuPal™ may cancel your account in its sole discretion. If your account is cancelled, you may forfeit any pending, current, or future account credits (e.g. KikuPoints), and any other forms of unredeemed KikuPoint value in your account without notice. Upon termination, the provisions of there Terms of Service that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all infemnities) shall survive. KikuPal™also reserves the right to change or discontinue any aspect of feature of our services or the Site, including, without limitation, requirements for use.
Expiration of KikuPoints No Cash Value, Cannot be Redeemed for Cash
KikuPoints shall automatically expire at the end of two (2) years (term of expiration), and thereafter will be considered expired KikuPoints, subject to the Terms of Service provided herein. KikuPoints and expired KikuPoints may not be redeemed for cash, and have no cash value.
Recipients of KikuPoints shall receive notice of expiration of their KikuPoints by email at the email address provided in their account. If no email address is provided or if the given email address has become inoperative or has changed, the recipient/user wil be deemed to have received the email notice of the expiration of KikuPoints pursuant to the Terms of Service.
A KikuPal™ account having KikuPoints with different expiration dates shall be administered according to the date on which they were first purchased. Expired KikuPoints have no cash value, and any expired KikuPoint shall revert to KikuPal™. No property right shall exist in the purcharser or recipient of any expired KikuPoints unless otherwise provided by KikuPal™.
By entering into these Terms of Services and using KikuPal™ Site, you agree, to the fullest extent permitted by applicable law, that you shall defend, indemnify and hold KikuPal™, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, providers, attorneys, partners, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
- a. your violation or breach of any term of these Terms or any applicable law or regulation;
- b. your violation of any rights of any third party, including KikuPal™'s service providers; or
- c. your use or misuse of the Services.
Disclaimer of Warranties
KIKUPAL™ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR GOODS OBTAINED WITH KIKUPOINTS. KIKUPAL™ DOES NOT REPRESENT OR WARRANT THAT:
- a. THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,
- b. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
- c. ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
- d. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SIE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
- e. ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR
- f. THE SERVICE OR THE SERVICE PROVIDER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY KIKUPAL™. KIKUPAL™ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
KIKUPAL™ SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITE, EVEN IF KIKUPAL™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KIKUPAL™ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF KIKUPAL™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KIKUPAL™ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KIKUPAL™’S REASONABLE CONTROL. IN NO EVENT SHALL KIKUPAL™’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Disputes/Mandatory Individual Arbitration
Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The Federal Arbitration Act and federal arbitration law apply to this agreement.
“Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms of Service and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Site, any other goods or services made available through the Site, your relationship with KikuPal™, the threatened or actual suspension, deactivation or termination of your account with KikuPal™, payments made for you, by you or any payments made or allegedly owed to you, any promotions or offers made by KikuPal™, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Customer Service email address. We will reimburse payment of all filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, KikuPal™ will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Travis county or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.