TERMS OF SERVICE (LAST UPDATED MAY 24, 2018)
1. ACCOUNT; LICENSE TO SERVICE; PURCHASE OF PRODUCTS
1.1 Account. Upon registration of the End User’s user account, the End User affirms its acceptance to these Terms of Service and confirms that it has read and accepted these Terms of Service. These Terms of Service will apply to each order that the End User places through the Service. Blogger Republik may, at any time and without notice, modify these Terms of Service by revising them on the website. Any purchases made after the date of any such modification shall be controlled by the modified version. End User should therefore periodically visit this page to review the current Terms of Service. End User may not modify these Terms of Service except in a writing signed by Blogger Republik.
1.2 Limited License to Use the Service. Subject to End-User’s compliance with the terms and conditions of these Terms of Service, Blogger Republik hereby grants to End-User a limited, personal, non-exclusive, non-transferable, license to access and use the Service solely for the purposes of purchasing Products from Blogger Republik and/or the Kash Kit website. Except for the licenses and rights expressly granted under these Terms of Service, no licenses or rights are granted by Blogger Republik to End-User hereunder, by implication, estoppel or otherwise. All such other licenses and rights are reserved unto Blogger Republik. End-User shall not (i) copy or modify the Service for any purpose; (ii) reverse engineer, decompile, modify, translate, disassemble or discover the source code for all or any portion of the Service; or (iii) distribute, disclose, market, rent, lease or otherwise transfer the Service to any other person or entity.
1.3 Product Sales. An order to purchase Products placed through the Service is binding on the End User. Blogger Republik reserves the right to decline any order. The End User is aware that the Service will submit online queries to a Blogger Republik order management system and that information provided to the End User in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and the delivery of the Product. Furthermore, the End User’s user account may have been subject to restrictions with respect to credit limits and/or quantity of purchases. Any order in excess of such limits will automatically be rejected by Blogger Republik. Blogger Republik aims to meet the delivery times provided to the End User after an order has been placed. However, Blogger Republik reserves the right to adjust the delivery time for the entire or parts of any order. If an End User wishes not to complete a purchase because of such an adjusted delivery time, then the End User is entitled to cancel the order with respect to the delayed part. Cancellations must be notified without undue delay. The right to cancel is the only and exclusive remedy available to the End User because of delays.
1.4 Orders. Membership requires that a membership order be placed on the Kash Kit web site. Thereafter, the Service is designed to allow you to place an order by texting a code associated with an item ("Kash Kit Code") to Blogger Republik. When such an order is placed, by using the Service you are explicitly directing Blogger Republik to charge the card on your member profile to complete your purchase.
2.1 Payment. Full payment for any Products and Services shall be made by End-User to Blogger Republik through the payment method established in your user profile. You hereby authorize Blogger Republik to charge you the applicable fees specified in your order using such payment method.
Specifically, the Service may include the ability to transmit an order for Products via text messaging or some other method that does not include activating a user control on a web site or other user interface ("Alternative Order Submission Method"). In such cases, by using such Alternative Order Submission Method, you acknowledge that you are placing an order for an item associated with the content of such submission, and you explicitly authorize Blogger Republik to charge you the amount associated with the order using the method established in your user profile.
2.2 Taxes. The fees specified in the order do not include any foreign, federal, state or local sales, use, value added, or other similar taxes, however designated, levied against the licensing, delivery or use of the Service. End-User shall pay, or reimburse Blogger Republik for, all such taxes imposed on End-User or Blogger Republik, provided, however, that End-User shall not be liable for any taxes based on Blogger Republik's net income.
3. INTELLECTUAL PROPERTY RIGHTS. Blogger Republik retains all intellectual property rights in and to the Service and all related documentation interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights), including but not limited to any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation. Except for rights specifically provided in this Agreement, End-User hereby assigns to Blogger Republik all other intellectual property rights it may now or hereafter possess in the Service and related documentation, and all derivative works and improvements thereof, and agrees to execute all documents, and take all actions, that may be necessary to confirm such rights. End-User also agrees to retain all proprietary marks, legends and patent and copyright notices that appear on the Service and any related documentation delivered to End-User by Blogger Republik and all whole or partial copies thereof.
4. WARRANTIES AND LIMITATIONS OF LIABILITY
4.1.1 Blogger Republik warrants that the Service will operate in substantial conformance its published documentation. Blogger Republik’s sole obligation and End-User’s sole remedy with respect to any failure of the Service to substantially conform to the documentation therefore is for Blogger Republik to use commercially reasonable efforts to remedy any such failure as soon as is reasonably practicable, and if such failure is not remedied in a reasonable time, for End-User to terminate these Terms of Service pursuant to Section 6.2.
4.1.2 Blogger Republik warrants that all Products will, for a period of thirty (30) days, substantially conform to their published specifications, if any. The sole and exclusive remedy of End User against Blogger Republik shall be the repair, replacement, or issuing of credit, at Blogger Republik’s option, without additional charge to End User for any Products that Blogger Republik agrees are defective.
4.2 Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 4.1, BLOGGER REPUBLIK DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, PRODUCTS OR ANY OTHER MATTER COVERED BY THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLOGGER REPUBLIK DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR DELAY AND/OR BE ERROR FREE, OR THAT ALL FAILURES OF THE SERVICE TO CONFORM TO THE DOCUMENTATION CAN OR WILL BE CORRECTED. BLOGGER REPUBLIK MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANY CONTENT PROCESSED BY THE SERVICE.
4.3 Limitations of Liability. IN NO EVENT SHALL BLOGGER REPUBLIK BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. The aggregate liability of Blogger Republik for any and all claims arising under or in connection with these Terms of Service or its subject matter shall not exceed the amounts paid by End-User for the Service or Product that is subject to the dispute during the twelve (12) month period prior to when such claim arose.
4.4 Essential Part of the Bargain. The parties acknowledge that the disclaimers and limitations set forth in this Section 4 are an essential element of these Terms of Service between the parties and the parties would not have entered into these Terms of Service without such disclaimers and limitations.
5. INDEMNIFICATION; UNAUTHORIZED USE
5.1 Indemnification. End-User hereby agrees to indemnify and hold harmless Blogger Republik from any and all damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by Blogger Republik in connection with any claims that Blogger Republik is required to pay to third parties to the extent such damages, settlement amounts, costs and expenses are attributable to End-User’s use of the Service or any Products purchased through the Service.
5.2 Notification of Unauthorized Use. End-User shall promptly notify Blogger Republik in writing upon its discovery of any unauthorized use or infringement of the Service or the related documentation, or Blogger Republik's intellectual property rights with respect thereto. Blogger Republik shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party, and, in the event that Blogger Republik brings such an action or proceeding, End-User shall cooperate and provide full information and assistance to Blogger Republik and its counsel in connection with any such action or proceeding.
6. TERM AND TERMINATION
6.1 Term. End-User’s access to the Services shall begin on the date End-User purchases such access and shall continue in force for the term specified in the pricing plan chosen by End-User, unless terminated earlier under the provisions of this Article 6.
6.2 Termination for Cause. In the event of any material breach of these Terms of Service, the non-breaching party may terminate this Agreement by giving 30 days' prior written notice to the other party; provided, however, that this Agreement shall not terminate if the other party has cured the breach prior to the expiration of such 30 day period, or if such breach cannot be cured within such 30 day period, the other party has taken steps within such 30 day period to cure the breach and thereafter cured such breach as soon as practicable.
6.3 Termination for Convenience. Blogger Republik may terminate End-User’s use of the Service at any time.
6.4 Termination for Insolvency. Either party may terminate this Agreement immediately, (a) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings (and if such proceeding is instituted against it, such proceeding is not dismissed within sixty (60) days), (b) upon the other party's making an assignment for the benefit of creditors, or (c) upon the other party's dissolution or ceasing to do business.
6.5 Effect of Termination. Upon the expiration or sooner termination of these Terms of Service, all license rights of End-User under these Terms of Service shall automatically and immediately cease and End-User shall promptly cease all uses of the Service. Sections 3, 4.2, 4.3, 4.4, 5, 6.5, and 8 shall survive the expiration or sooner termination of these Terms of Service.
7. SALES AND SHIPPING
7.1 Sales Taxes. We collect and remit sales taxes for purchases shipped to certain states. If your purchase is being shipped to a state for which we collect sales taxes, you will see the tax being collected as part of the checkout process before finalizing your order.
7.2 Risk of Loss. Items purchased through our Service may be shipped by a third party carrier. Should an item go missing, we will attempt to make a claim for your package. However, we cannot guarantee a refund or replacement if the claim is denied, as risk of loss for our items is passed to you upon our delivery to the third party carrier.
7.3 Return Policy. Items ordered by you may not be returned to Blogger Republik. If you have concerns about the shipment you have received or any of the products in it, please email our support team at firstname.lastname@example.org. We will work with you to address your concerns.
7.4 Quality Assurance. All missing or damaged items must be reported within 7 days of delivery to qualify for a replacement or refund based on product availability. If the product is available in our inventory, a replacement will be shipped to you, otherwise we will refund your purchase. Damaged items must include a photo in the ticket submission. We reserve the right to consider an item not damaged.
7.5 INTENTIONALLY LEFT BLANK
7.6 Shipping. Items sold through the Service will have an associated estimated ship date, which will be noted in the item listing. This is the date on which Blogger Republik expects to ship the product; the day you receive the product will depend on various factors, including location, weather, and other factors. An item may be shipped later than the estimated shipping date, without penalty to Blogger Republik. if not estimated shipping date is provided on a product listing, a default estimated shipping date shall be seven (7) business days after the order has been placed by you.
8.1 Export Compliance. The Service may be subject to U.S. and other national export controls and economic sanctions. Individuals or entities owned or controlled, registered in, or related to Cuba, Iran, Sudan, Syria, or North Korea are not permitted to access the Service without prior written permission from Blogger Republik once granted by the appropriate jurisdiction. The rights and obligations of End-User shall be subject to such United States laws and regulations as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, any successor legislation to the Export Administration Act of 1979, and the Export Administration regulations issued by the Department of Commerce, International Trade Administration, Office of Export Administration. End-User each shall certify that it shall not, directly or indirectly, export, re-export or transship the Service in such manner as to violate such laws and regulations in effect from time to time. End-User shall indemnify and hold harmless Blogger Republik from and against any and all losses, claims and expenses incurred by Blogger Republik as a result of the breach of End-User's obligations under this Section.
8.2 Independent Contractors. In making and performing these Terms of Service, the parties are acting and shall act as independent contractors. Neither party is, nor will be deemed to be, an agent, legal representative, joint venturer or partner of the other party for any purpose.
8.3 Force Majeure. In the event that Blogger Republik is unable to perform its obligations under these Terms of Service because of acts of God, strikes, equipment or transmission failure, unavailability or poor performance of the Internet, or other causes reasonably beyond its control, Blogger Republik shall not be liable to the End-User for any damages resulting from such failure to perform or otherwise from such causes.
8.4 Governing Law. These Terms of Service and its subject matter shall be governed in accordance with the law of the Commonwealth of Pennsylvania, USA, without reference to its conflict of laws principles.
8.5 Public Statements. Either party may disclose the existence of these Terms of Service but may not represent to any third party any positions, statements, intentions or other actions on behalf of the other.
8.6 Assignment. End-User may not assign any of its rights or privileges, or delegate any of its duties or obligations hereunder to any third party without the prior written consent of Blogger Republik. Any purported assignment in contravention of this Section shall be null and void. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
8.7 Notices. All notices and other communications hereunder shall be in writing and shall be deemed effective when delivered by hand, facsimile transmission, reputable overnight delivery service, or certified mail (return receipt requested), postage prepaid to: (a) in the case of Blogger Republik, to the address set forth on the Blogger Republik website to the attention of the President; and (b) in the case of End-User, to the address set forth in its account information.
8.8 Entire Agreement. These Terms of Service constitute the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof.
Waivers. A waiver by either party of a breach or violation of any provision of these Terms of Service will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of these Terms of Service.