TERMS AND CONDITIONS

GENERAL TERMS & CONDITIONS FOR CUSTOMERS

Effective Date: Nov 1, 2023

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL OTHER TERMS AND CONDITIONS REFERRED BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE AND THE SERVICE(S).
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO ALL TERMS CONTAINED HEREIN.
IF YOU ARE A CALIFORNIA RESIDENT, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, AS THESE TERMS DO NOT APPLY TO THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) REQUIREMENTS OR CALIFORNIA LAW.

1. General Information. These Terms govern Your use of the website, which is composed of online interactive features such as e-mails, newsletters and forums, as well as a variety of marketing services and solutions (collectively, the “Services”) operated by King vs Kong LLC. Every service provided by Us, either through and/or by resorting to Our Website shall be governed by these General Term and Conditions. Specific services may be subject to special terms and conditions. These General Terms and Condition, along with special terms and services, as applicable, shall govern Your use of the Website and the Services (collectively, the “Agreement” ). Where such specific terms and conditions contradict with these general terms and conditions, the specific terms and conditions shall prevail. “You,” “Your” or “Yours,” and similar expressions (as applicable) refer to the individual accessing the Services, and/or the legal entity obtaining information and/or conducting transactions through the Services. These Terms apply to all visitors, and/or users of the Services, whether a potential or actual customer. If You are an individual accessing the website and Services on behalf of a legal entity, You represent and warrant that You have the authority to bind that legal entity to these Terms and, in such case, “You,” “Your,” and “Yours” will refer and apply to that legal entity, as well as to the individual accessing the Services. Access to and use of the Services is restricted to persons of legal age. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by You, as client, and Us.
2. The website and Our Services are directed to adults and are not directed to children under the age of 18. You must be 18 years of age or older to use the Services. We comply with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 18. By registering for and/or accessing and/or using the Services, You represent and warrant that You are 18 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a user of the Services (“User”). Creating a User Profile if you are under the age of 18, under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Services, and such accounts will be deleted by Us.
3. As part of Our registration process, You may be asked to select a username and password and You will be responsible for all activities occurring under Your username and for keeping Your password secure. We may refuse to grant You a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by Us in Our sole discretion. You agree that Your username and password is personal to You and should not be used to the provide access to the Services to any other person or entity. While We attempt to use current technology to avoid any undue access to Our website, and/or to a User Profile (as defined below), We cannot guarantee that such unauthorized access will not occur. Malicious access by the part of third persons intruding into Our website and or data are not always preventable, and You assume all risks associated with accessing the website, purchasing and using Our Services, providing information to Us through the website, and the collection of other data through the website by virtue of Your access to the website. By using the Services, you agree to: (a) provide accurate and complete information about Yourself as prompted by the registration form for a Service (“Registration Data”), (b) maintain and promptly update the Registration Data to keep it accurate and complete and (c) maintain the security of Your password. In the event that You compose a profile upon registering for the Services (a “User Profile”), such profile must describe You, an individual person, the company that You purport to create and/or the company that You represent, where applicable. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent a fictional character or real individual who is not You and profiles that purport to create/represent a legal entity for which You are not authorized or entitled to create/represent. While providing the Services We may be prompted to, affirm and swear, on Your behalf, that the information, and/or request presented to a governmental agency is true and correct, and that We are authorized, on your behalf, to present the same, as well as to request and/or file with such governmental agency the relevant information and petition. Therefore, by using the Services, You authorize Us to, on Your behalf, to petition, to file, to affirm and to swear, as necessary, to carry on with Your instructions in furtherance of the Services.
4. If You access any of the Services outside of the United States, You do so at your own risk and are responsible for compliance with the laws of Your jurisdiction. You agree to comply with all local rules regarding User conduct on the internet and acceptable content and all applicable laws. You shall comply with all laws and regulations in connection with the Services applicable in the United States of America. You also warrant and represent that Your use of the Website and of the Services does not infringe any law, regulation or code of conduct applicable to Us and/or applicable to You or the locality where You are situated. You shall not use the Website, nor the Website to infringe, nor circumvent any law, rule or applicable code of conduct.
5. These Terms contain provisions that govern how You and We shall resolve any dispute that may arise between You and Us as a result of Your use of the Services (see Dispute Resolution Section below). The Dispute Resolution Section contains an Agreement to Arbitrate, which will, with limited exception, require You to submit claims against Us to binding and final arbitration. In all circumstances, You will only be permitted to pursue claims against Us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
6. Pricing, Payment Obligation and Credit Card Authorization. Pricing for Services offered through the website are conspicuously shown within the website. Throughout the checkout process, You will be able to review and accept the pricing for Services before placing Your order through the website. We may change the price for any Service offered through the website, from time to time, by posting the new rates accordingly. Price changes will take effect upon publication on the website. All prices, fees and other amounts referred to in this Agreement and the website are stated in U.S. dollars. If Your payment method is charged in another currency, You understand that You may incur additional fees, expenses and charges, such as international transaction fees, exchange fees, and/or conversion fees. You, and not Us, are responsible for paying all such additional fees.
7. You are responsible for paying any and all charges relating to the Services that You purchase, including without limitation, periodic fees (the initial fee and any automatic renewals of the Services), where applicable. You grant to Our third-party payment processor(s) permission to charge Your credit card (or other approved payment mechanism) to pay for all such charges. Where applicable, such as is the case with virtual office management Services, the fee will be billed upon checkout of Your purchase and on each annual, quarterly or monthly renewal thereafter, depending on the term selected by You at registration, unless You cancel at least ten (10) days prior to the renewal date pursuant to the process set forth below. If We charge You for an order that had been cancelled, We will refund You the full amount of the cancelled portion of such order. Payment must be made by Visa, MasterCard, American Express or PayPal. We may include and make available additional payment methods. If We do not receive payment from the credit card issuer or its agent, You agree to pay all amounts due upon Our demand. Your card issuer agreement governs Your use of Your designated card in connection with the Services, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE NOT AUTHORIZED BY YOU. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR FEES AND/OR BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR SERVICES, EFFECTIVE AFTER AN ONLINE POSTING ON THE APPLICABLE SERVICE. WE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA E-MAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SERVICE BY CONTACTING US. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SERVICE EITHER IN WRITING BY E-MAIL OR LETTER OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS WITHIN SIXTY (60) DAYS OF SUCH OCCURRENCE OR LACK THEREOF.
8. Renewal and Cancellation of the Service(s). You grant to Our third-party payment processor(s) permission to automatically renew Your Services (where applicable) and charge Your account up to seven (7) days prior to the day on which Your Service is scheduled to end.
9. Termination of the Service(s). You acknowledge that We, in Our sole discretion, may terminate Your User ID, password, User Profile (or any part thereof) or use of any the Services for a variety of reasons, including, without limitation, if We believe that You have violated or acted inconsistently with the Agreement. We may also, in Our sole discretion, at any time discontinue providing the Services, or any part thereof, with or without prior notice. You agree that any termination of Your access to the Services under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your User Profile and/or bar any further access to the Services. If Your User Profile is terminated by Us, it will not be automatically renewed and access will be terminated, without refund. Further, You agree that We shall not be liable to You or any third-party for termination of Your access to the Services. Furthermore, if Your User Profile or Your use of the website shows signs of fraud, abuse or suspicious activity, We may cancel any transaction associated with your User Profile, Your name or e-mail address, and We may close any associated User Profiles. If you have conducted any fraudulent activity, We reserves the right to take any necessary legal action and you may be liable for monetary losses to Us, including litigation costs and damages.
10. Compliance with Applicable Rules and Laws. You agree that all information You submit through the website in relation to such Services is complete, accurate, current and true and that You are not barred from using such Services under applicable law. You further agree to comply with all applicable laws and regulations and will not encourage, assist, or authorize any transaction involving the Services that violates any law, rule or regulation. At any time after receipt, we may accept, decline, or place restrictions or other limits on Your purchases through the website for any reason in Our discretion.
11. You agree to provide and maintain true, accurate, current and complete information about Yourself as prompted by the Services registration and checkout process. You must promptly inform Us of any of the following: changes in the expiration date of any credit card used in connection with the Services; changes in billing address.
12. Customer Service. For questions about the Services and Your purchases, please visit the FAQs section accessible through Our website. Please be advised that a live chat (“ROBOchat”) may be available to assist you regarding any questions or concerns related to the Services. If you are unable to resolve Your questions or concerns via the ROBOchat, all other inquiries should be addressed to Our e-mail addresses indicated in the “Contact Us” section of Our Website. Please include Your name and username in all correspondence.
13. Promotions and New Services. While We strive to make all information on the website as accurate as possible, We do not warrant that the Service descriptions or other content is accurate, complete or error free. Unless explicitly stated otherwise, any new features or services shall be subject to the Agreement. Promotions are subject to change.
14. Use Restrictions. Use of the website and Our Services is limited to lawful business purposes. You agree that except as expressly permitted by Us, You will not copy, publish, or in any way make available publicly any information, content or materials from the Services, without express written permission from Us. You agree that if You do so, We reserve the right to cancel Your access to the Service(s) immediately without refund. Additionally, reuse of copyrighted information will be prosecuted to the fullest extent of the law.
15. Your Use of Content. You acknowledge that the Services contain information, software, content, graphics, links, logos, trademarks, the “look and feel” of Our website, applications and other material (collectively, the “Content”) that are protected by copyright, trademark and/or other proprietary rights of Us or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information or restrictions contained in any Content available on or accessed through the Services.
16. Except as expressly permitted, You may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content for any commercial purpose; (ii) use any robot, spider or data mining or extraction tool or process to monitor, extract or copy Content; (iii) use meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website; (iv) engage in any activity that interferes with the website or another User’s ability to use the website; (v) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website; or (vi) assist or encourage any third party in engaging in any activity prohibited by these Terms. Trademarks and service marks not owned by Us that appear on the website are the property of their respective owners and may not be used without their prior written consent.
17. In the course of Your relationship with Us and by way of completion of the Services, You may acquire material or information of Ours including, but not limited to, knowledge or confidential business information, trade secrets, and information regarding Our employees, customers and vendors (“Company Information”). In the event that You do in fact acquire any such Company Information, You covenant that You will hold in confidence and not disclose, use, reproduce, distribute, transmit, reverse engineer, decompile, disassemble or transfer, directly or indirectly, in any form, by any means, or for any purpose, the Company Information or any portion thereof, for Your own benefit or the benefit of another, either during or after the duration of Your relationship with Us.
18. To the extent that You provide Us with any suggestions, feedback or other information relating to Our business, website or the Services (including, but not limited to, suggested new products or services or improvement to existing services), such information is provided to us on a non-confidential and unrestricted basis. You represent and warrant that You are the sole and exclusive owner of all materials that You make available on the website, or that You have the necessary rights, licenses, consents and releases that are necessary to make available such materials and to grant all rights and licenses in such materials as granted under these Terms. You hereby grant to Us a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
19. Please be aware that generally, information You post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other Users of the website. Please be sure that any such information is information that You are comfortable sharing with the public. For questions regarding use of Content please contact Us at Our e-mail Address indicated at the “Contact Us” section of Our Website.
20. Rules of Conduct. We have the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, You may not:
    a) Submit to Us through the Services any material or information that violates another person’s legal rights;
    b) Transmit through the Services any material that violates or infringes another person’s intellectual property rights;
    c) Reformat, frame or mirror any portion of any webpage that is part of the Service;
    d) Submit any material that impersonates a person or entity, falsely implies sponsorship or endorsement of that material by the Services, KING VS KONG, LLC and/or any third party, or promote any information that You know is false or misleading;
    e) Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other Users;
    f) Post any inaccurate, untimely, stale, incomplete or misleading information, including inaccurate biographical and geographical information;
    g) Resell or make available to any person not expressly licensed by Us, whether via phone, fax, email, mail or other medium, any of the Services, or any information obtained therefrom;
    h) Prompt Us to create an entity for which You have no authorization to create;
    i) Access the User Profile of another individual or entity without authorization.
    The above is not a complete list of illegal and/or prohibited uses of the Services
21. When You submit information to enroll in Our Services, You are solely responsible for the form, content and accuracy of such information. We make no representations, warranties or guarantees concerning the Services. We have no obligation to evaluate, pre-screen and/or monitor the materials or information that You submit. However, We reserve the right to evaluate or remove any materials submitted by way of the Services, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of KING VS KONG, LLC, its Users and the public. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to Your use of the Services. You understand and agree that You may be exposed to such matters and that You further waive Your right to any damages (from any party) related to such exposure. We assume no responsibility or liability for any mistake or omission by You in relation to any of the Services, including but not limited to, the business entity creation Services, the virtual office management Services, or the registered agent Services.
22. Managing Content. We have the right, but not the obligation, to take any of the following actions in Our sole discretion at any time and for any reason without giving You prior notice:
    a) Restrict, suspend, or terminate Your access to all or any part of Our Services;
    b) Change, suspend or discontinue all or any part of Our Services;
    c) Refuse any material or information submitted by You for any reason;
    d) Move, edit or remove any material available on the Services;
    e) Deactivate or delete Your account(s) and/or profiles and all related information and files in Your account(s) and/or profiles;
    f) Disclose Your identity or other information about You to any third party who claims that the information or materials that You have submitted or that the entity You have created by using the Services violates their legal rights, including but not limited to, their intellectual property rights.
    g) Disclose Your identity or other information about You to law enforcement officials upon request if We determine in Our sole discretion that such disclosure is in the interest of protecting Our Users or the public;
    h) Establish general practices and limits concerning use of the website and Services.
    23. You agree that We will not be liable to You or any third party for taking any of the actions set forth in the foregoing provision. You understand and agree that Our Services may include communications such as advertisements, service announcements and administrative messages from Us and that these are considered part of the Services. You hereby consent to receive communications from Us by electronic mail. You agree that all agreements, notices, disclosures and other communications that We provide to You by electronic mail satisfy any legal requirement that such communication be in writing.
23. Our Privacy Policy. Our Privacy Policy may be found on the website and is incorporated into these Terms. We strongly encourage You to read and familiarize Yourself with Our Privacy Policy.
24. You acknowledge that Our name and reputation constitute valuable assets of KING VS KONG, LLC and You shall conduct all communications and relations in connection with the Services ethically and in such a manner that Our name and reputation shall not be adversely affected.
25. External Links. The Site may contain links to third-party websites or resources. We make available such access as a mere courtesy to You, and does not endorse such websites or resources. As a result of the use of the website combined with a web-based integration, You may be directed to other websites. We do not have any control as to those other websites, and disclaims any liability for Your access to those websites. You will be subject to the terms, conditions and policies of such third-party websites. You are solely responsible, and assume all risks arising from Your use of any such websites or resources. We are not responsible for the terms and privacy practices of such other websites. If You do not agree with those terms and policies, You should stop Your access to those websites.
26. Disclaimer of Warranties; Limitation of Liability. The website and Services are provided “As-is, as-available” without any warranty of any kind, either express or implied. Without limiting the foregoing, We disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the website, the website Content, and/or the Services will meet Your requirements, or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the website and/or the Services. Regarding downloadable material there is a risk of malfunction, incompatibility, malware, spyware and computer virus and You assume all risks associated with such matters.
    You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the materials is assumed solely by You and We cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that We are not responsible or liable for any unauthorized access to or alteration of Your materials, data or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive or illegal content or for conduct of any other party or for any infringement of another’s rights.

We SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. WE, ANY THIRD PARTY PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF US SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SERVICE OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST KING VS KONG, LLC, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOU RELEASE US FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD US HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.

28. Some jurisdictions do not allow exclusion of implied warranties or certain limitations of liability, including for incidental or consequential damages, punitive or exemplary damages, bodily or moral reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to You. In such jurisdictions, Our liability, third party providers and their respective agents shall be limited to the greatest extent permitted by applicable law.
29. You agree that You will indemnify and hold harmless Us and Our current and former affiliates, Our and their respective and current and former officers, directors, employees and agents, and the successors and assigns of each of the foregoing, from and against any liability, harm, loss, damage or expenses of any character (including without limitation reasonable attorneys’ fees and penalties or fines) which result from Your breach of any covenant, representation or warranty hereunder or which relate to Your performance under these Terms and Conditions. You shall not, without Our prior written consent, effect any settlement of any pending or threatened proceeding in respect to which We are or could be indemnified hereunder unless such settlement either (i) includes an unconditional release for from all liability on all claims that are the subject matter of such proceeding or (ii) is consented to in writing by Us.
30. Force Majeure. We shall not be responsible for any delay, frustration of purpose, breach or any kind of damages arising as a result of Force Majeure. Force Majeure will be defined as an Act of God, inevitable accident, fire, strike, lockout, riot, civil commotion, epidemy, pandemic, war or act of public enemy, terrorist act or threat of terrorism, public disaster, enactment, rule, order or act of any government or governmental instrumentality (whether federal, state, local or foreign). At Our sole discretion, We may elect to suspend all performance owed to You during such occurrences, as well as any other of Our obligations.
31. Intellectual Property Compliance. We respect the intellectual property rights of others and expects Users of the website to do the same. We, may, at Our discretion, remove any content, and/or disable and/or terminate User Profiles, upon any claim of Intellectual Property infringement. We do not make any representation, and does not assume any responsibility for any Intellectual Property infringement that any person, including a registered User, may carry out by resorting to the website. We may, at Our discretion, interrupt or suspend Services in connection with any User content subject to an infringement claim.
32. DMCA Notice of Alleged Infringement. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), a summary of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to claims of copyright infringement committed using the website that are reported to KING VS KONG, LLC’s Designated Copyright Agent, identified below. If You are a copyright owner, or are authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, You may report alleged copyright infringements taking place on or through the website by completing the following “DMCA Notice of Alleged Infringement” form and delivering it to the KING VS KONG, LLC designated Copyright Agent. Upon receipt of the notice as described below, We will take whatever action, in Our sole discretion, it deems appropriate, including removal of the challenged material from the website.
    DMCA Notice of Alleged Infringement (“Notice”):
    a. Identify the copyrighted work that You claim has been infringed, or – if multiple copyrighted works are covered by this Notice – You may provide a representative list of the copyrighted works that You claim have been infringed.
    b. Identify (i) the material that You claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found, and the reference or link, to the material or activity that You claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.
    c. Provide Your mailing address, telephone number, and, if available, electronic mail address.
    d. Include both of the following statements in the body of the Notice:
    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    e. Provide Your full legal name and Your electronic or physical signature.
    Deliver this Notice, with all items completed, to KING VS KONG, LLC’s Designated Copyright Agent to the following address:
    KING VS KONG, LLC’s Copyright Agent 3403 NW 82nd. Ave. Doral FL 33122
33. Headings. Headings in these Terms are for convenience purposes only and they do not carry any legal effect.
34. Governing Law. Subject to the arbitration provision below, this Agreement (including these General Terms and Conditions, as well as any other special terms and conditions), the access and use of the website use, and the services, shall be governed by the laws of the State of Florida, without reference to principles of conflicts of law.
35. Non-Waiver and Severability. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
    36. Additional Terms, Conditions and Policies. We may enact additional terms, conditions and policies, including, but not limited to, order cancelation, pricing, rates, fees, returns, refunds, and modifications policies, among others. By accessing and using the website You will be bound by those additional terms, conditions and policies.
36. Limitation Period for Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
37. Notification of Certain Events. We may be required by international, state or federal law to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon Our posting them on our website or delivering them to You through e-mail.
38. Notices. All notifications between You and Us shall be in writing. Electronic communications (e-mail) addressed to the last known e-mail address on file We may have from You shall satisfy such requirement.
39. Assignability You cannot assign any of the rights arising as a result of the Services. We may delegate, and/or subcontract, the performance of some of Our obligations in furtherance of the Services. We may sell and/or transfer Our business at Our sole discretion.
40. No Third-Parties Rights. No third-party rights are created as a result of the Services foreseen in these General Terms and Conditions, and the agreements that may exist between You and Us.
41. Partial Invalidity. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect: (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
42. You are bound nor defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person.
43. WE MAY AMEND, MODIFY, ALTER, SUPPLEMENT, AND IN ANY WAY CHANGE THESE GENERAL TERMS AND CONDITIONS AT ANY POINT IN TIME. CONTINUED USE OF THE SERVICES BY YOU CONSTITUTE ACCEPTANCE TO ANY OF THOSE CHANGES. DISPUTE RESOLUTION SECTION PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND KING VS KONG, LLC ARE RESOLVED.

Agreement to Arbitrate
You and We each agree that any and all disputes or claims that may arise between You and Us relating in any way to, or arising out of these Terms, Your access and use of the website, or any other applicable provision between the parties, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Jurisdiction
Without prejudice of the preceding Agreement to Arbitrate, in any matter that a party may request judicial redress, You agree that the exclusive jurisdiction and venue of any of such matters will be the state or federal courts located in the Miami-Dade County of Florida. Further, in the event that the Agreement to Arbitrate above is found not to apply, either as a result of a decision by the arbitration tribunal or a court order, You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state or federal courts located in the Miami-Dade County of Florida. Therefore, You and We agree to submit to the personal jurisdiction of the courts located within the Miami-Dade County of Florida for the purpose of litigating all such claims or disputes.

5. Jury Trial and Class Action Waiver
   In any event, and to the extent permitted by applicable law, You and We hereby: (a) knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with regards to any litigation based hereon or arising out of these Terms, and/or Your access and use of the Site, or any other dispute between You and Us; and (b) agree that any litigation will proceed on an individual basis, and will not proceed as part of a class action.
6. WE MAY AMEND, MODIFY, ALTER, SUPPLEMENT, AND IN ANY WAY CHANGE this AGREEMENT TO ARBITRATE. CONTINUED USE OF THE SERVICES BY YOU CONSTITUTE ACCEPTANCE TO ANY OF THOSE CHANGES.