ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Kimball Family Tech Solutions, LLC, also known as KFT Solutions, located at 8566 Woodruff Dr, Byron Center, Michigan 49315, and our subsidiaries and affiliates, in association with the use of the KFT Solutions website, which includes http://www.theblogfixer.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
The home page for The Blog Fixer WordPress plugin, it’s collection of extension plugins, and The Blog Fixer services (fixes).
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of making a purchase, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Kimball Family Tech Solutions, LLC. At its discretion, Kimball Family Tech Solutions, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Kimball Family Tech Solutions, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Kimball Family Tech Solutions, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Kimball Family Tech Solutions, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
RIGHT TO REFUSE SERVICE
Kimball Family Tech Solutions, LLC reserves the right, at its sole discretion, to refuse to provide services to any website or content that it deems objectionable. This includes, but is not limited to, content that is pornographic, sexually explicit, illegal, racist, hateful, or in any way promotes discrimination, bigotry, or violence against individuals or groups based on factors like race, gender, religion, nationality, disability, sexual orientation, or age. Kimball Family Tech Solutions, LLC also reserves the right to refuse service to any website or content that it determines to be harmful, offensive, or contrary to its values or policies. Decisions by Kimball Family Tech Solutions, LLC regarding the refusal of service for such content are final and non-negotiable.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to KFT Solutions’s sites.
You do hereby acknowledge and agree that Kimball Family Tech Solutions, LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Kimball Family Tech Solutions, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Kimball Family Tech Solutions, LLC Services (e.g. Content or Software), in whole or part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF KIMBALL FAMILY TECH SOLUTIONS, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. KIMBALL FAMILY TECH SOLUTIONS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) KIMBALL FAMILY TECH SOLUTIONS, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) KIMBALL FAMILY TECH SOLUTIONS, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) KIMBALL FAMILY TECH SOLUTIONS, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE KIMBALL FAMILY TECH SOLUTIONS, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF KIMBALL FAMILY TECH SOLUTIONS, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM KIMBALL FAMILY TECH SOLUTIONS, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
E) YOU ACKNOWLEDGE AND AGREE THAT KIMBALL FAMILY TECH SOLUTIONS, LLC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. KIMBALL FAMILY TECH SOLUTIONS, LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
NO GUARANTEES OF RESULTS OR OUTCOMES
Kimball Family Tech Solutions, LLC provides services and software aimed at enhancing website performance and compliance; however, we explicitly do not guarantee any specific results or outcomes from the use of our services or software. This includes, but is not limited to:
a) Increased Traffic or Improved Search Engine Rankings: While our services may contribute to improving website content and compliance, we do not guarantee increased website traffic, improved positioning in search engine results, or enhanced search engine optimization (SEO).
b) Amazon Associate Compliance or Responses: Our services aim to assist in compliance with Amazon Associate requirements, but we do not guarantee that your site will meet Amazon’s standards or receive a particular response from Amazon.
c) Compatibility with All WordPress Plugins and Page Builders: Due to the vast number of available WordPress plugins and page builders, and the vast ways and formats each stores data, we cannot guarantee that our services or software will be compatible with all of them.
d) Revenue Generation: We do not guarantee any increase in revenue or sales as a result of using our services or software.
Clients are encouraged to understand that many factors can influence the success of their website, including factors beyond the scope of our services. By agreeing to these terms, the client acknowledges and accepts that Kimball Family Tech Solutions, LLC is not responsible for any lack of desired results or outcomes.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KIMBALL FAMILY TECH SOLUTIONS, LLC AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
You agree to indemnify and hold harmless Kimball Family Tech Solutions, LLC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms of Service; (c) your violation of any third-party right, including without limitation any copyright, trademark, privacy, or other personal or proprietary right; or (d) any claim that your Content caused damage to a third party.
BACKUP AND DATA LOSS
You acknowledge and agree that it is your responsibility to ensure proper backup of all your data prior to using our services. While Kimball Family Tech Solutions, LLC may perform backups, we are not responsible for any data loss or corruption that may occur in conjunction with the use of our services.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Service accessible, the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Service may be interrupted, suspended, or terminated.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
Upon purchase, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Kimball Family Tech Solutions, LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Kimball Family Tech Solutions, LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
SITE ACCESS AND DATA
Most of the services offered require administrator access to your site in order to applied. The username and password for these services should never be sent in plain text (such as email), but should utilize WordPress’ built in functionality for sending a Password Change link instead. In the event this is not possible, a secure transfer method should be used. Kimball Family Tech Solutions, LLC will keep all usernames and passwords in an encrypted location. It shall be your responsibility to remove any user accounts created once your services have been applied. Kimball Family Tech Solutions, LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
In addition, Kimball Family Tech Solutions, LLC will perform a database backup of your site prior to applying any services. This backup will be kept for a minimum of 30 days, but can be destroyed prior to that if requested by email firstname.lastname@example.org
Support and updates for products and services are granted for one year after the original purchase and as long as The Blog Fixer is being developed. After one year, the customer must renew their license in order to continue receiving support and updates.
No guarantee can be made regarding the outcome or timeframe of any support issue.
Kimball Family Tech Solutions, LLC reserves the right to change the prices of all products, licenses, and subscriptions without prior notice or consent.
We will do our best to ensure you are completely satisfied with your service purchase. Refunds will be offered at our sole discretion on a case by case basis and must meet all of the following conditions fully:
- Your service was purchased less than 30 days before requesting the refund.
- Your service has not yet been applied on your site or you have not yet approved it.
- Your issue(s) comes from your service not being applied correctly.
- Issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund.
- No refunds will be given for subscriptions payments (Live fix or otherwise) once a payment has been made. You must cancel your subscription prior to the renewal prior to avoid being charged.
By purchasing products from our site, you agree to this refund policy.
By purchasing our products and using our Site, you indicate and consent that you have read and agree to the Terms & Conditions. We reserve the right to change the current Terms and Conditions without notice or consent.
A party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules.
All disputes, controversies, or claims arising out of or relating to this Agreement shall be submitted to binding arbitration with the applicable rules of the American Arbitration Association then in effect. The venue for any such arbitration shall be in Kent County, Michigan.
In any proceeding by which one party either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorneys’ fees, and costs and expenses incurred.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.