Acceptance of the Agreement
You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Client agrees that their products/services do not fall into the following categories:
Fossil Fuel Production
Industrial Livestock Production
Multi Level Marketing
Exploitative lending products (e.g. payday lending)
Any other restricted categories established by local laws and telecommunications operators
You agree not to message people outside of standard business hours/send messages that are likely to be viewed as harassment
Rights and Ownership.
All rights to developed technologies remain the property of Matt Kakuk, Inc.
Severability. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Disclaimer. Matt Kakuk, Inc. is under no duty and does not by the Agreement, Proposal or Terms of Service undertake a duty to monitor, supervise, or “police” Client’s activities and disclaims any responsibility for any use or misuse of the CRM Project or Matt Kakuk, Inc.’ resources and network. Matt Kakuk, Inc. has no obligation to any person who has not entered into an agreement for any CRM Project.
Indemnification. Client agrees to indemnify, defend, and hold Matt Kakuk, Inc. harmless, as well as Matt Kakuk, Inc.’ affiliates, and each of the respective officers, directors, agents, partners, shareholders and employees (past and present) of Matt Kakuk, Inc. (“Matt Kakuk, Inc. et al”) from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements (“Claims”) of any kind and nature whatsoever (including attorneys’ fees and costs) brought by a third party under any theory of legal liability arising out of or related to the Services, including without limitation Claims arising from or related to Services content, Agreement, Proposal, Order Form or the Terms of Service, including but not limited to any violation of copyright, trademark, service mark or content rights; any proprietary right of any person or entity; and any state, federal and/or international laws or regulations including, but not limited U.S. Export Regulations. Client specifically agrees to pay for Matt Kakuk, Inc. et al’s legal fees and costs for defense of claims. Matt Kakuk, Inc. et al has the right to select counsel and control litigation.
Disclaimer of Warranties. OTHER THAN WHAT IS SPECIFICALLY STATED IN THE AGREEMENT, PROPOSAL, ORDER FORM AND/OR HEREIN, MATT KAKUK, INC. MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DO NO WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE ORDER FORM, PROPOSAL, AGREEMENT OR THE TERMS OF SERVICE, THE MAXIMUM AGGREGATE LIABILITY OF MATT KAKUK, INC. ET AL, UNDER ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OFALL FEES PAID ACTUALLY BY CLIENT FOR THE THREE (3) MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.
Force Majeure. In the event there is a failure to perform on the part of Matt Kakuk, Inc., Matt Kakuk, Inc. shall not be in default under the Agreement, Proposal, Order Form or the Terms of Service if the failure to perform is due to any event beyond Matt Kakuk, Inc.’ control, including, without limitation, failure of power, failure of the Internet, failure of network, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Dispute Resolution. Any dispute between parties to this Agreement shall be brought in the 15th Judicial Circuit in and for Palm Beach County (Palm Beach Court) only, and nowhere else, and Palm Beach Court is the sole and exclusive venue and jurisdiction for disputes between us.
Parties to this Agreement agree to waive their respective rights to a jury trial and agree that any suit between the parties to this Agreement shall be a non-jury trial.
Attorney Fees and Costs. In the event there is a dispute of any kind between the parties to this
Agreement resulting in litigation, the prevailing party is entitled to have its attorney’s fees and costs expended in such litigation paid by the non-prevailing party.