Terms of Use Agreement

Introduction

Kings III of America, LLC (the “Company,” “we,” “our” or “us”) own and operate certain websites including www.kingsiii.com (the “Site”), and other tools, technology and programs (collectively the “Platform”), as well as products and services associated with or made available through the Platform (collectively the “Services”). These Terms of Use (“Terms”) govern your use and access to the Platform and Services and constitutes a legally binding agreement between you and Company.

Your Agreement to the Terms

By visiting the Platform, providing information through the Platform, using our Service or by clicking accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and are bound by these Terms and the Company’s Privacy Policy, and consent to the collection and use of your data in accordance with Company’s Privacy Policy.  If you do not agree to all of these Terms and the Privacy Policy, please do not use or access our Platform or use our Services.

Company reserves the right, at its sole discretion, to change, modify, revise, add or remove portions of these Terms at any time, without notice and without liability towards you.  All changes are effective immediately when we post them.  Be sure to check this page periodically for updates, as your continued use of the Platform is your acceptance of any changed Terms. Company will not be held responsible or liable for the timeliness of or removal of information, failure to store information, inaccuracy of information or improper delivery of information.

Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability or terms of any agreements you may have with Company if you are a Partner (as defined below), advertiser, or other vendor.

Company is Not Liable

Company does not manage the billing platform/portal or the employment/hiring portal and is not liable for any unauthorized access, fraudulent use or incorrect information provided through this outside platform.

Delivery of Services

For orders not installed, provided or directly delivered by our Company, your order(s) will be shipped to the address designated by you. The Company shall not be liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God, which may include, but is not limited to, weather conditions, traffic conditions, and/or mechanical difficulties. 

User Communications

Where you provide the Company your contact information, you consent to receive electronic communications from the Company (e.g., via email). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from the Company by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe link provided in the email communications or emailing [email protected] directly with the request to unsubscribe.

Use of Suppliers

Company uses service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate this Platform, to provide other services in support of this Platform, to create this Platform and its content, and in support of any Services that may be available through or described on this Platform, and each is hereinafter individually and collectively referred to as a “Supplier.”

Prohibited Activities

You agree that you will not:

(a)    use the Service or the Platform for any criminal or tortious activity, including copyright infringement, patent infringement, or theft of trade secrets;

(b)    use this Platform for any purpose that is unlawful or prohibited by these Terms or by law, or that causes damage to Company on or through this Platform;

(c)    affect/interrupt or to attempt to affect/interrupt the operation of this Platform in any manner;

(d)    use any information obtained from the Platform in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

(e)    engage in any automated use of the system, such as using scripts to add friends or send comments or messages;

(f)     interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;

(g)    attempt to impersonate another user or person;

(h)    use the username of another user;

(i)     sell or otherwise transfer your profile;

(j)     use any information obtained from the Platform in order to harass, abuse, or harm another person;

(k)    scan, scrape, harvest, monitor or copy any information including text, photographs or illustrations from the Site or the Platform for any commercial, political, or religious purpose or to compete, directly or indirectly, with Company;

(l)     use the Platform in a manner inconsistent with any and all applicable laws and regulations;

(m)   collect any content from the Sites and Forums, including without limitation, collecting, copying, or aggregating information or data and providing such content to third parties in a manner that diverts or attempts to divert traffic from the Platform without Company’s express written permission;

(n)    interfere with the proper operation of or any security measure used by the Platform;

(o)    infringe any intellectual property or other right of Company or any third party;

(p)    use the Site and/or Platform in a way that depletes web infrastructural resources, slows the transferring of loading of any web page, or interferes with the normal operation of them;

(q)    use the Site and/or Platform or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Company;

(r)     otherwise violate the terms of this Agreement.

(s)     remove any copyright, trademark or other proprietary notices from any portion of the Platform;

(t)     reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services except as expressly permitted by Company;

(u)    decompile, reverse engineer or disassemble the Platform;

(v)    link to, mirror or frame any portion of the Platform;

(w)   cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or Services;  or

(x)     attempt to gain unauthorized access to or impair any aspect of the Platform, Services, or their related systems or networks.

Intellectual Property Rights

The content on the Platform, except for content created by users (collectively “Materials”) and the trademarks, service marks and logos of third-parties contained therein (“Marks”), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Materials on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

Company reserves all rights not expressly granted in and to the Platform and the Materials. You are expressly not authorized to do so and agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Company, including any use, copying, or distribution of either Company’s or third parties’ materials obtained through the Platform for any commercial purposes. Except as otherwise expressly agreed, you agree not to copy, modify, publish, transmit, participate in the transfer or sale of, or reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials or the Services (including software), in whole or in part. If you download or copy the Materials or Services or other downloadable items offered on the Platform, you agree to do so for your personal use only, and agree that you will maintain all copyright and other notices contained therein. Copying or storing any of the Materials or Services for other than personal use is expressly prohibited without prior written permission of Company of the copyright holder identified in the copyright notice contained in the Materials or Services. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein.

No License

The logos, trademarks, designs or information contained in this Platform is the property of Company or Company is a licensed user of such information and your reproduction, duplication, or otherwise exploitive use for any commercial purpose without the express consent of Company is prohibited.

Your use of this Platform or any Services does not create, and nothing contained in this Platform shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Company, its Supplier(s), or any third party.

You may not use this Platform for any purpose that is unlawful or prohibited by these Terms or by law, or that causes damage to Company on or through this Platform. You promise that none of your communications with or through this Platform will violate any applicable local, state, national, international, or other law.

You further promise that none of your communications with or through this Platform, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

Submissions

Company welcomes your comments regarding our products and services. However, we cannot accept or consider ideas, suggestions, proposals, materials, including, but not limited to, creative artwork, or ideas for advertising, promotions, or other product offerings other than those we have specifically requested.  This policy is intended to help Company avoid future misunderstandings when new products, services, and features developed internally by Company might be similar or even identical to your idea.

If you send us an unsolicited suggestion, idea, proposal or other material (“Submission”), you will be agreeing and warranting, and Company will consider the Submission to be, non-confidential and non-proprietary and that Company may use such Submission or not, as it chooses in its sole discretion. Company shall have no obligations to you concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Further, you understand and agree that the Submission becomes the sole property of Company. By submitting the Submission you also understand and agree that Company shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

Links to Other Sites

The Platform may provide links to co-branded, third-party supplier sites, in addition to other websites not operated by Company. Such links do not imply, nor should you infer, association, sponsorship, affiliation, or endorsement of material on any other site, and Company assumes no responsibility for such third-party web sites, including, but not limited to any content contained on such websites. Any creation by you of hyperlinks to this Platform is not allowed without the express written consent of Company. The Company has no control over Third Party Sites, even those that may include a Company logo, and does not make any representations or warranties, or accept any responsibility, regarding their content or use. In connection therewith you acknowledge and agree that Company is not responsible for the availability of Third Party Sites and is not responsible or liable for any content, advertising, products, and or other materials on or available from such Third Party Sites. You should direct any concerns regarding a Third Party Platform to its site administrator or webmaster. In addition, Company reserves the right to request that you remove any link to the Platform. If you link to the Platform, the link may not be used in any way that suggests that Company endorses your or your website; or disparages Company or its products or services.

Further, this Company links to social media accounts related to its business. These terms and conditions govern any and all activity by the User on any of the Company’s Platforms or accounts, including but not limited to its Facebook, Twitter, YouTube, Instagram, and LinkedIn handles and accounts.

Linking to Company Sites

Any creation by you of hyperlinks to the Platform is not allowed without the express written consent of Company.

Privacy Policy

Registration data and other personally identifiable information will be collected and used by Company consistent with our Privacy Policy, which is incorporated herein for all purposes.   You can see our Privacy Policy at https://www.kingsiii.com/privacy-policy/. By accessing the Platform, using the Services, or registering for an account, you agree that we may collect, and process your personal information in accordance with our Privacy Policy.

Limitation of Liability

Except where prohibited by law, in no event shall COMPANY be liable to you or any third party for any incidental, indirect, special, punitive, exemplary and/or consequential damages (including without limitation lost profits, revenue or use, lost data, property damage, personal injury DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) related to arising out of or in any way connected with the Use of the Platform or Company services, whether in contract, warranty, tort (including negligence, whether active, passive, imputed, sole or concurrent), statutory violation, infringement, product liability, strict liability and/or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. Unless prohibited by law, in no event shall the aggregate liability of COMPANY or any of its officers, directors, employees or insureds to you or any third party for any cause whatsoever and regardless of the form of action exceed $1,000.00.

COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PARTNERS, ADVERTISERS AND VENDORS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF COMPANY.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity

YOU AGREE TO AND shall indemnify, defend AND HOLD COMPANY, its affiliates, directors, officers, shareholders, agents and employees harmless from and against any ACTUAL OR threatened DEMANDS OR ANY KIND OR NATURE, LAWSUITS, ARBITRATIONS, CIVIL OR CRIMINAL LIABILITIES, losses, damages, CAUSES OF ACTION, JUDGMENTS, and expenses including court costs, EXPERT FEES, and attorneys’ fees  made, or asserted, arising out of, or in connection with (A) any materials provided to COMPANY by YOU, (b) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS, (C) your use of the WEBSITE OR services, (d) COMPANY’S USE OF YOUR USER CONTENT, (E) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY INCLUDING PARTNERS, ADVERTISERS 0R VENDORS, (f) YOUR POSTING OF ANY USERS’ CONTENT, OR (G) yOUR representations MADE TO COMPANY.  your duty to conduct a defense of COMPANY shall arise upon notice of COMPANY to you of such demand or threatened demand.  you SHALL CONDUCT ANY DEFENSE WITH DUE DILIGENCE AND IN GOOD FAITH WITH COUNSEL SATISFACTORY TO COMPANY.  SHOULD YOU BREACH YOUR DEFENSE OR INDEMNITY OBLIGATIONS, AND FAIL TO CURE SUCH BREACH AFTER WRITTEN NOTICE AND A COMMERCIALLY REASONABLE TIME TO CURE BUT NO LATER THAN 30 DAYS, COMPANY MAY AT YOUR SOLE COST AND EXPENSE ASSUME THE DEFENSE AND DEFEND OR SETTLE THE ENTIRE CLAIM.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT THE WEBSITE, AND ALL OF THEIR CONTENTS, AND EACH THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THE WEBSITE, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.”

YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION AND PROTECTION, OR QUIET ENJOYMENT IN CONNECTION WITH THE SERVICE AND/OR WEBSITE AND YOUR USE THEREOF.

YOU AGREE THAT COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY AND 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 AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AND IS NOT LIABLE FOR ANY:

(a)  ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(b)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,

(c)  ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(d)  ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,

(e)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR

(f)   ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. 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.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU AGREE THAT COMPANY will not be held responsible or liable for the timeliness of or removal of information, failure to store information, or inaccuracy of information or improper delivery of information.

Company Platform Management

Company reserves the right but does not have the obligation to:

(a)  monitor the website for violations of this Agreement;

(b)  take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities;

(c)  in Company’s sole discretion and without limitation, notice or liability to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; and

(d)  to otherwise manage the website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the website.

Company’s Right to Terminate Users

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 OR SERVICE 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.

Non-commercial Use by Users

The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. You shall not do the following without the express written consent of Company: (a) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; or (b) engage in unauthorized scraping, framing of or linking to the Platform.

Copyright Policy

If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the Platform infringes upon your copyrights, please request that the work be taken down by submitting an email notification to the Company at [email protected]. Company will terminate access rights of any repeat infringer.

Governing Law and Jurisdiction

These Terms and our Privacy Policy shall be governed by and interpreted in accordance with the laws of the State of Texas, United States of America, without regard to principles of Conflicts of Law.

By using this Platform you hereby irrevocably consent to the jurisdiction of the courts and arbitration located in Dallas County, Texas, to the exclusion of all others, for any action arising from these Terms or our Privacy Policy.  Furthermore, you hereby agree to waive any right to contest venue or personal jurisdiction in Dallas County, Texas.

You agree that any dispute, cause of action or claim you may have arising out of or in any way relating to these Terms, the Privacy Policy or your business relationship to Company must be commenced within two (2) years and one day from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

Use outside of the United States/Void where prohibited

The Platform is operated by or for Company.  Company makes no representation that the information on the Platform is appropriate or available for use in all countries outside of the United States, and access to this Platform from countries where the content of the Platform may be illegal is prohibited. If you access the Platform from outside the United States, be advised the Platform may obtain your personal information and contain references to products and services that are not available or are prohibited in your country.

Those who choose to access the Platform from outside of the United States are responsible for compliance with applicable local laws, about which Company makes no warranties or assumptions. Any offer for any feature, product or service on the Platform is void where prohibited.

Arbitration and Class Action Waiver

All disputes, controversies or claims arising out of or relating to these Terms (including its formation, performance, alleged breach, enforceability and validity) and/or Company’s Privacy Policy (including formation, performance, alleged breach, enforceability and validity) or your access to or use of the Platform, or other materials available by means of the website or third-party websites, or your purchasing of goods or services from third parties, shall be exclusively resolved by confidential binding arbitration in accordance with the laws of the Federal Arbitration Act before a single arbitrator.

If you and Company cannot agree on the appointment of an arbitrator, then such arbitrator shall be appointed by the American Arbitration Association.  The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association.  Other than the initial filing fees to be paid by the person or entity bringing the Arbitration, the costs of the arbitration shall be split 50/50 unless good cause is shown.  The Arbitrator is limited to deciding matters as they exist between you and Company only. The arbitration shall take place in Dallas County, Texas.  The Arbitrator shall follow Texas law, as may apply to a particular claim.  In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably agree that such proceedings must be brought a court located in Dallas County, Texas.  Both you and Company consent and submit to the personal jurisdiction and venue of state and federal courts located in Dallas County, Texas.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST EACH OTHER OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A PLAINTIFF, REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  Only a court, and not an arbitrator, shall determine the validity and effect of this Class Action Waiver.  If the Class Action Waiver is deemed to be unenforceable, you and COMPANY agree that this Agreement is otherwise silent as to any party’s ability to bring a class, collective or representative action in arbitration. The Arbitrator may not consider and has no authority to consider any claims alleged as class or collective actions or as a representative matter.

As noted, the Arbitrator’s authority to resolve and make written awards is limited to claims between you and Company only.  Claims of different individuals or entities may not be joined or consolidated in any arbitration between you and Company, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by you and Company. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

No Agency

By entering into this agreement you agree that you are not creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship with Company. You also agree that neither you nor Company shall have authority to contract for or bind the other party in any manner whatsoever.

Miscellaneous

Entire Agreement. This Agreement constitutes the entire agreement between you and Company regarding the access to or use of Company’s Platform or Services.  No modification or waiver by Company of any provisions herein shall be deemed to have been made unless made in writing and signed by an authorized representative of Company.

Severability. If any portion of these Terms is deemed unlawful, void or unenforceable, then that part shall be deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions, which shall be construed in accordance with applicable law.

Non-Waiver.  The failure of Company to act with respect to a breach of these Terms and/or Privacy Policy by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.

Assignment.   You cannot assign your rights under these Terms or the Privacy Policy without our prior written agreement. We can in our sole discretion and without prior notice to you, assign our rights and obligations to any entity or entities that agree to be bound by the Terms or the Privacy Policy.

Non-Reliance.  EACH PARTY FURTHER AGREES THAT THEY CANNOT AND ARE NOT RELYING ON ANY REPRESENTATIONS OF THE OTHER PARTY IN DECIDING WHETHER TO ENTER INTO THIS AGREEMENT OR TO AGREE TO ANY OF THE TERMS OF THIS AGREEMENT.  MOREOVER, EACH PARTY TO THIS AGREEMENT SPECIFICALLY DISCLAIMS AND WAIVES ANY CLAIMS THE PARTY MAY HAVE OF FRAUD, MISREPRESENTATION, NEGLIGENT MISREPRESENTATION, OR FRAUD IN THE INDUCEMENT RELATED TO THE ENTIRETY OF THIS OR ANY OTHER AGREEMENTS THE PARTIES HAVE WITH EACH OTHER.

Notices

If you have any questions, or comments about these Terms please contact Company at:

Attn: Kings III Marketing (Privacy Policy)
751 Canyon Drive, Suite 100
Coppell, TX 75019
Telephone Number: 800-393-5858
Email: [email protected]

You agree that where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. If you provide Company such email address you agree that any notice required by these Terms may be delivered to you using your most recent email address on file with the Company.  In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company by sending an email to [email protected]. Such notice shall be deemed given on the next business day after such e-mail is actually received by Company.

Updates

Company may make changes to these Terms from time to time. If Company makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform, or updating the date at the top of these Terms. Unless Company says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Websites after Company provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Platform.