Welcome to Funnelkits. We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a Funnelkits User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
I. Definitions
A. “Funnelkits” is a trademark of Bottom Line Marketing Automation, and also refers to proprietary Bottom Line Marketing Automation software used to create Internet sales funnels. In this Agreement, references to “Funnelkits” as a Party mean and refer to Bottom Line Marketing Automation, doing business as Funnelkits, and Bottom Line Marketing Automation’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean Funnelkits and You. Funnelkits and You are each a “Party.”
C. “Terms” mean and refer to the Funnelkits User Terms and Conditions set forth herein.
D. “User” refers to a person who has created a Funnelkits Account. “User Account” refers to a User’s Funnelkits Account.
E. “You”and “Your” means the Funnelkits User who has executed this Agreement by clicking “I Agree.”
II. Becoming a Funnelkits User
By clicking “I Agree” to these Terms, transferring payment to Funnelkits, and creating a User Account, You become a Funnelkits User. There are various products and services available to Users, and monthly prices applicable to such products and services. Funnelkits’ products, services, and prices are posted https://funnelkits.com/pricing/, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://funnelkits.com/pricing/. By clicking “I Agree” and providing Funnelkits Your credit card information You authorize Funnelkits to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of Funnelkits services, and unless You terminate this agreement as provided herein, You agree that Funnelkits may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with Funnelkits begins when You click “I Agree,” and will continue month-to-month until either:
A. Funnelkits cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Funnelkits.
OR
B. You provide Funnelkits ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Funnelkits.
OR
C. Your credit card or Funnelkits’ charge is denied for any reason and You do not provide Funnelkits a new credit card within ten (10) days.
IV. No License to use Funnelkits Marks
Any content on any Funnelkits website may constitute the intellectual property of Funnelkits. Except where expressly authorized, no material on any Funnelkits website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Funnelkits trademark and logo are proprietary marks of ClickFunnnels, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Funnelkits or any of Funnelkits’ affiliates.
V. Indemnity.
You agree to protect, defend, indemnify and hold harmless Funnelkits, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Funnelkits for liability for payments for, damages caused by, or other liability relating to, You.
VI. No Warranty; No Leads.
Funnelkits does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Funnelkits will not at any time provide sales leads or referrals to You. Additionally, Funnelkits’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Funnelkits MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY Funnelkits WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. Funnelkits MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Funnelkits WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Funnelkits WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Funnelkits’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Funnelkits’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Funnelkits websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Funnelkits website and these Terms, these Terms shall control.
VII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL Funnelkits’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Funnelkits FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Funnelkits OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
VIII. Force Majeure.
Funnelkits will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Funnelkits. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Funnelkits shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
IX. Assignment of Rights.
Funnelkits may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Funnelkits’ or its assigns express written consent.
X. Information; Registration; User Names and Passwords
As a Funnelkits User, You will be required to create an account with Funnelkits. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Funnelkits User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Funnelkits under Your User Account. You agree to immediately notify Funnelkits of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Funnelkits is not liable, and You will hold Funnelkits harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XI. Release/Authorization to Use Photographs.
You grant Funnelkits permission to use any and all photographs taken by Funnelkits or its agents or employees, or submitted by You to Funnelkits (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Funnelkits or any product or service sold and marketed by Funnelkits. You agree that this authorization to use Photographs may be assigned by Funnelkits to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Funnelkits’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Funnelkits in exchange for this Release and Assignment. You hereby release and forever discharge Funnelkits from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XII. Prohibited Activity.
Funnelkits has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to ClickFunnel’s reputation; and the violation of the rights of Funnelkits or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to ClickFunnel’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XIII. Contact
If You have any questions or complaints concerning any of the Terms, You may contact Funnelkits by e-mail at support[a]Funnelkits.com, or by regular mail at 1860 N. Lakes Pl., Meridian, Idaho 83646.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XIV. Digital Millennium Copyright Act
If You believe that materials or content available on any Funnelkits website infringes any copyright You own, You or Your agent may send Funnelkits a notice requesting that Funnelkits remove the materials or content from the Funnelkits website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Funnelkits a counter-notice. Notices and counter-notices should be sent to Funnelkits, Attention Legal Department, at 1860 N. Lakes Pl., Meridian, Idaho 83646, or by e-mail tosupport[a]Funnelkits.com.
XV. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Funnelkits including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against Funnelkits or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Funnelkits. In the event that You and Funnelkits are unable to reach agreement on an Arbitrator, You and Funnelkits will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and Funnelkits will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Funnelkits and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Funnelkits to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Funnelkits may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Funnelkits from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Funnelkits’ rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Funnelkits commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVI. Changes to Terms
Funnelkits reserves the right to change these Terms, in whole or in part, from time to time at Funnelkits’ sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Termshttps://www.Funnelkits.com/terms. By Your continued use of Funnelkits’ services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
XVII. Severability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
XVIII. Waiver.
No waiver by Funnelkits of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XIX. Heading.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
XX. Notice.
Any notice required to be given to Funnelkits under or related to these Terms must be in writing, addressed as follows:
Bottom Line Marketing Automation
791 N. Hwy 77 Suite
501C-202Waxahachie, TX 75165
e-mail: support@funnelkits.com
Notices to You may be made by posting a notice (or a link to a notice) on https://www.Funnelkits.com/terms, by e-mail, or by regular mail, at Funnelkits’ discretion.