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User Agreement
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
You agree to and understand the following in its entirety:
This Kings Idea Connections and Outsourcing (Kings Global Fundings) User Agreement (“User Agreement”), the Kings Idea Connections and Outsourcing (Kings Global Fundings) Privacy Policy (“Privacy Policy”), and all policies posted on our Kings Idea Connections and Outsourcing (Kings Global Fundings).com domain, sub-domains, other Kings Idea Connections and Outsourcing (Kings Global Fundings) Powered sites, the Kings Idea Connections and Outsourcing (Kings Global Fundings) mobile applications, any available Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs, and all other related services, websites, applications, and tools furnished to you in Kings Idea Connections and Outsourcing (Kings Global Fundings)’s online business marketplace, describe the terms and conditions with which Kings Idea Connections and Outsourcing (Kings Global Fundings) offers You, a registered user, (also referred to as “you”, “your”, “user”, or “Kings Idea Connections and Outsourcing (Kings Global Fundings) user”) may access and use our shipping marketplace services (collectively, “Services”). When You accept the terms and conditions of this User Agreement, You hereby agree and acknowledge that at any time and in our sole discretion, we may modify the terms and conditions of this User Agreement. If we make changes to the terms and conditions of this User Agreement, we will notify you of such changes, through email and/or by posting the modified User Agreement on the Kings Idea Connections and Outsourcing (Kings Global Fundings) website and by updating the “Last Revised Date” at the bottom of this User Agreement. All modified terms and conditions shall take effect immediately after posting to the Kings Idea Connections and Outsourcing (Kings Global Fundings) website, or upon the stated date included within our notice. Your continued use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services following the effective date of such changes will constitute your acceptance and consent to any and all modified terms. This User Agreement may not be modified, amended, and/or changed by You in any manner. Furthermore, You agree that we may modify this User Agreement or discontinue our Services at any time and without notice and without any liability or responsibility to You.
The legal entity You are entering into this User Agreement with is Kings Idea Connections and Outsourcing (Kings Global Fundings), Inc., a Guatemala Corporation,an internet business service.
THIS USER AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE SEE SECTION 38 OF THIS USER AGREEMENT BELOW REGARDING RESTRICTIONS ON YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, USER AGREEMENT, OR PRIVACY POLICY. THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER GOVERNS HOW CLAIMS AGAINST USHIP CAN BE BROUGHT BY YOU AS A USER. BY AGREEING TO THE TERMS OF THIS USER AGREEMENT, YOU ACKNOWLEDGE AND AGREE TO SUBMIT ALL CLAIMS YOU MAY HAVE AGAINST USHIP THROUGH FINAL AND BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
Payment processing services for Shippers and Service Providers on the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this User Agreement, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kings Idea Connections and Outsourcing (Kings Global Fundings) enabling payment processing services through Stripe, You agree to provide Kings Idea Connections and Outsourcing (Kings Global Fundings) with accurate and complete information about You and Your business, and you authorize Kings Idea Connections and Outsourcing (Kings Global Fundings) to share it and transaction information related to Your use of the payment processing services provided by Paypal, banks and credit/debit card operators.
Kings Idea Connections and Outsourcing (Kings Global Fundings) does not guarantee any pricing, delivery, interest rate, logistics, or other terms of business between you and other users of Kings Idea Connections and Outsourcing (Kings Global Fundings)’s Services. Kings Idea Connections and Outsourcing (Kings Global Fundings) does not provide any comprehensive guarantees regarding use of its Services, and our Services are not a substitute for thoughtfulness and awareness when engaging in business with other users. We at Kings Idea Connections and Outsourcing (Kings Global Fundings) are not responsible for any losses, damages, or injuries that may result from your choice to engage in, or business you transact with another user of our Services. If you do not agree with the foregoing, please do not use our Services.
Kings Idea Connections and Outsourcing (Kings Global Fundings) discourages You against providing anyone with access to your login credentials to your user account. However, if You do give someone your username and password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions the person performs while using your account, even if those transactions are fraudulent or You did not intend or want them performed.
You acknowledge that telephone calls to or from Kings Idea Connections and Outsourcing (Kings Global Fundings) may be monitored and recorded for the purposes of quality assurance, training, and other purposes. You verify that any contact information provided to Kings Idea Connections and Outsourcing (Kings Global Fundings), its agents and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You agree you will not engage in spoofing or any other false identification, whether by telephone, text (SMS), email, or other means. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or remove your account. If your telephone number changes ownership, you may notify Kings Idea Connections and Outsourcing (Kings Global Fundings) by replying STOP to any text message sent to the retiring phone number or by contacting Kings Idea Connections and Outsourcing (Kings Global Fundings) Member Support.
1. License and Acceptable Use.
The Kings Idea Connections and Outsourcing (Kings Global Fundings) Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance", and "graphic function" of our Services including, but not limited to, its color combinations, sounds, layouts, and designs. You agree and acknowledge that your use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services does not confer upon You any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, reverse engineer, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners. Kings Idea Connections and Outsourcing (Kings Global Fundings) grants to you a non-exclusive, non-transferable (except as permitted below), worldwide limited license to make use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services. This license does not include any resale of Kings Idea Connections and Outsourcing (Kings Global Fundings) Services, or its contents. You may not collect and/or use any shipment listings, descriptions, or prices for any reason. You may not engage in: any derivative use of any Kings Idea Connections and Outsourcing (Kings Global Fundings) Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this User Agreement are reserved and retained by Kings Idea Connections and Outsourcing (Kings Global Fundings) or its licensors, suppliers, users, rightsholders, or other content providers. No Kings Idea Connections and Outsourcing (Kings Global Fundings) Service, nor any part of any Kings Idea Connections and Outsourcing (Kings Global Fundings) Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kings Idea Connections and Outsourcing (Kings Global Fundings). You may not misuse the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services. You may use the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services only as permitted by law.
2. Definitions.
Shipper. A person or company that arranges to have goods shipped on their own behalf by any type of conveyance (“Shipper”). The Shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a third party that is neither. On Kings Idea Connections and Outsourcing (Kings Global Fundings), Shippers may be referred to as the “Shipping Customer” or “Customer” or “Booking Party”.
Transportation Service Provider (TSP). Any party, person, agent, or Carrier that provides freight (or passenger) transportation and related services to a Shipper or agency. For the transportation of goods, this includes Carriers, Brokers, freight forwarders, and third-party logistics providers. On Kings Idea Connections and Outsourcing (Kings Global Fundings), Transportation Service Providers may be referred to as “Service Providers”.
Carrier. A person or company who provides transportation of goods (or passengers) for compensation.
Broker. A person who, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of Carriers, are not Brokers within the meaning of this definition when they arrange or offer to arrange the transportation of shipments that they are authorized to transport and they have accepted and legally bound themselves to transport.
3. Kings Idea Connections and Outsourcing (Kings Global Fundings) is a Neutral Venue and Digital Clearinghouse. Kings Idea Connections and Outsourcing (Kings Global Fundings) is not a Transportation Service Provider or Shipper. Our website acts as a venue where Shippers and TSPs can interact and enter into agreements. Kings Idea Connections and Outsourcing (Kings Global Fundings) is not a party to any shipping agreement made between Kings Idea Connections and Outsourcing (Kings Global Fundings) users via the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Kings Idea Connections and Outsourcing (Kings Global Fundings) does not prequalify or validate the claims or qualifications of TSPs, nor does Kings Idea Connections and Outsourcing (Kings Global Fundings) prequalify or validate the claims of Brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). Kings Idea Connections and Outsourcing (Kings Global Fundings) does not endorse, recommend, or refer any specific TSP or Shipper, nor does Kings Idea Connections and Outsourcing (Kings Global Fundings) have any control or influence over actions or decisions made by users of the Service. All users of the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation or shipping or logistics services on your behalf. Because we are not involved in the actual transaction between Shippers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of Shippers to send items. We cannot ensure the Shipper or TSP will actually complete a shipment. We cannot and do not guarantee the ability of users to complete or fulfill any services booked through the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any user’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our users. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other user.
4. Access to Site and Services. You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended Kings Idea Connections and Outsourcing (Kings Global Fundings) users. You acknowledge that You are at least 18 years of age and you have reached the age of majority in the state or jurisdiction where You live or reside. If You are not yet 18 years old or have not reached the age of majority in the state or jurisdiction in which You live or reside, You may not use our Services. Your Kings Idea Connections and Outsourcing (Kings Global Fundings) account may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. If You are using our Services as a Broker, you agree that you possess the authority to act as a Broker on behalf of a Shipper,brand, bank, government or TSP. Users who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services are for business services only and that work that You provide will only involve business services. You agree that You will not use your participation in the Kings Idea Connections and Outsourcing (Kings Global Fundings) website as a means to sell or market any types of illegal goods or products,
5. Shippers. You are responsible for reading all terms, conditions, and tariffs published by TSPs when booking shipments on Kings Idea Connections and Outsourcing (Kings Global Fundings). You are agreeing to the TSP’s terms, conditions, and tariffs, and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this User Agreement. You acknowledge that, unless otherwise noted by the TSP, pickup dates, delivery dates, and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section 11 for additional details). A TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this User Agreement or by law. IMPORTANT: Kings Idea Connections and Outsourcing (Kings Global Fundings) does not actively screen or qualify TSPs for compliance with federal, state or local laws and regulations, including, but not limited to, Broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP.
6. Transportation Service Providers. You must legally be able to transport the shipments You engage with through Kings Idea Connections and Outsourcing (Kings Global Fundings). You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements. TSPs agree that, through the various products and features on Kings Idea Connections and Outsourcing (Kings Global Fundings), they are solely responsible for all aspects of services, pricing, and terms they offer the Shipper. Rates, services, and terms are solely provided by the TSPs and not by Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) does not verify or adhere to the terms put forth by the TSP, which are available on the TSP’s public profile. These TSP terms may not directly violate Kings Idea Connections and Outsourcing (Kings Global Fundings)’s User Agreement. You understand and acknowledge that all shipment information is provided by other registered users and Kings Idea Connections and Outsourcing (Kings Global Fundings) has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details, and by booking shipments on Kings Idea Connections and Outsourcing (Kings Global Fundings), you are entering into a legally binding agreement to complete the services as requested by the Shipper.
7. Payments. Shippers may be given one or more payment options at the time of booking with a TSP. As a part of the Kings Idea Connections and Outsourcing (Kings Global Fundings) service, some users can make online payments to one another. Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments is not an escrow service and each individual user is solely in control of payments made through Kings Idea Connections and Outsourcing (Kings Global Fundings). In other cases, partial payment in the form of a deposit can be made through Kings Idea Connections and Outsourcing (Kings Global Fundings) with the remaining balance to be paid directly to the TSP. Some users may be enrolled in Payment on Terms which allows for invoicing. Kings Idea Connections and Outsourcing (Kings Global Fundings) has no control over the payments between users or the release of funds.
a) Full Pre-funded Payment: The Shipper pre-funds their Kings Idea Connections and Outsourcing (Kings Global Fundings) account with the total shipping price. In some cases, the Shipper is presented with a payment code (to be shared with the TSP upon completion of a shipment), and in some cases the payment is automatically released according to the agreed upon terms.
For shipments with a payment code, when delivery is completed, the Customer can release payment from their account by marking the shipment as “Delivered” or giving the payment code directly to the TSP, which is the equivalent of making a non-reversible cash payment. TSPs can only ask for the payment code after the load is delivered when being paid through Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments (exception: shipments of live animals may require payment at pickup). The Shipper agrees that they will release the payment to the TSP upon delivery of the shipment regardless of damages, delays, or any other service level issue that might have occurred during transit. Kings Idea Connections and Outsourcing (Kings Global Fundings) will make commercially reasonable efforts to ensure proper disbursement of funds among Shippers and TSPs; however Kings Idea Connections and Outsourcing (Kings Global Fundings) shall have no liability or be otherwise indebted to the TSP if the Shipper fails to satisfy the condition of payment, nor will Kings Idea Connections and Outsourcing (Kings Global Fundings) be liable to the Shipper for any damages, missing items, or other service level issues that occurred during the shipping process. In consideration for the costs and resources incurred by Kings Idea Connections and Outsourcing (Kings Global Fundings) in keeping the account open and undertaking such efforts, the Shipper and the TSP hereby acknowledge and agree that Kings Idea Connections and Outsourcing (Kings Global Fundings) shall charge a dormancy fee on a monthly basis of 12.5%, commencing 120 days following the deposit of the payment due to TSP with Kings Idea Connections and Outsourcing (Kings Global Fundings) (the “Dormancy Fees”). In no event, shall the aggregate Dormancy Fees exceed the amount of the payment due to TSP. If, 365 days after the date of booking, commercially reasonable efforts do not result in the disbursement of funds, any remaining funds associated with the transaction(s) in question shall be deemed forfeited and shall become property of Kings Idea Connections and Outsourcing (Kings Global Fundings) for failure by the Shipper to satisfy the condition of releasing the payment code or term of this User Agreement. If a Shipper refuses to release the payment, Kings Idea Connections and Outsourcing (Kings Global Fundings) cannot release payment without the Shipper’s consent under any circumstance and the right to payment by the TSP shall then be conditioned on the Shipper’s consent. It is the responsibility of both the TSP and Shipper to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of Kings Idea Connections and Outsourcing (Kings Global Fundings). The Shipper and TSP acknowledge and agree that Kings Idea Connections and Outsourcing (Kings Global Fundings) shall not have any obligations or liability to the TSP unless Kings Idea Connections and Outsourcing (Kings Global Fundings) fails to fulfill its explicit obligations hereunder.
The foregoing shall not apply to Less-than-Truckload (“LTL”) shipments where the TSP and Shipper have contracted for completion of a shipment to occur 120 days after booking; where the Carrier fails to provide a Bill of Lading (“BOL”) to Shipper so that Shipper is unable to meet its payment obligation to the Service Provider; or on any rate adjustments that occur 120 days after booking.
For pre-funded shipments without a payment code, You authorize Kings Idea Connections and Outsourcing (Kings Global Fundings) to release payment in accordance with the TSP’s payment terms. The funds are made available for withdrawal by the TSP’s Kings Idea Connections and Outsourcing (Kings Global Fundings) account when the payment is released or the code is submitted.
b) Kings Idea Connections and Outsourcing (Kings Global Fundings) Booking Deposit: Shippers pay a Shipper's service charge (see Section 9.a.2) and a deposit in the amount of the TSP’s transaction fee (see Section 9.a.3) to the TSP through Kings Idea Connections and Outsourcing (Kings Global Fundings).
This deposit is credited to the TSP’s Kings Idea Connections and Outsourcing (Kings Global Fundings) account. The deposit amount is then deducted from the booked shipping price and the Shipper pays the remaining balance directly to the TSP at the agreed upon time. The service charge and deposit are non-refundable in the event of a completed shipment.
c) Payment on Terms: Certain Shippers may be invited to enroll in Payment on Terms. Enrollment in Payment on Terms allows Shippers to pay for their shipment at a pre-specified duration after delivery. You will be invoiced based on the schedule specified in the Payment on Terms agreement You sign, where You will have the opportunity to review and dispute any discrepancies. Payment by the agreed upon method will be due in accordance with Your written payment terms, unless disputed. If disputed, once the dispute is resolved, payment will be due within 24 hours. The Shipper agrees that damages, delays, or any other service level issue that might have occurred during transit is not considered a dispute within the meaning of this Section 7(c).
By booking a shipment while enrolled in Payment on Terms, You agree that the rate is based on the information you’ve provided. Your invoice may be adjusted if the shipment is materially different than what you’ve disclosed for reasons including, but not limited to, excessive weight, inaccurate dimensions, different commodity class (“Class”), more items than listed, omission of essential pickup and/or final destination details, etc. You also agree to the Carrier’s terms and conditions. In the event of an overpayment, we will credit your Kings Idea Connections and Outsourcing (Kings Global Fundings) account for the difference. This credit is non-refundable and can be used towards any future shipment.
Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to charge a late fee based on your signed Payment on Terms agreement.
Shippers enrolled in Payment on Terms agree to allow Kings Idea Connections and Outsourcing (Kings Global Fundings) to disclose trade data and accounts receivable files to a third-party Business and Corporation Credit Provider.
d) Chargebacks and Reversed Payments: In the event that a Shipper successfully charges back a credit or debit card payment or reverses any other payment type, then Kings Idea Connections and Outsourcing (Kings Global Fundings) will reverse the payment within the Shipper and TSP accounts and the shipment would then be treated as unpaid.
Unwarranted chargebacks or payment reversals initiated by Kings Idea Connections and Outsourcing (Kings Global Fundings) users are prohibited, will result in the suspension of your Kings Idea Connections and Outsourcing (Kings Global Fundings) account, and may result in Kings Idea Connections and Outsourcing (Kings Global Fundings) pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a third-party collection agency. In the event that shipping services were not performed, all users must abide by the Kings Idea Connections and Outsourcing (Kings Global Fundings) cancellation policy described in Section 11 below. The Kings Idea Connections and Outsourcing (Kings Global Fundings) cancellation process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a user feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, Kings Idea Connections and Outsourcing (Kings Global Fundings) must be notified by the cardholder so that Kings Idea Connections and Outsourcing (Kings Global Fundings) may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a Kings Idea Connections and Outsourcing (Kings Global Fundings) transaction.
If an unwarranted chargeback of the Shipper’s payment is initiated and accepted by the payment processor or other entity, Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to charge the TSP for any costs associated with the chargeback. If a chargeback is accepted, the TSP becomes responsible for that invoiceable amount.
8. Pricing and Price Changes. Kings Idea Connections and Outsourcing (Kings Global Fundings) does not set or control prices offered by Shippers or TSPs. Quotes and offers Shippers receive from TSPs are required to be all-inclusive based on the information Shippers provide; however, if the actual shipment characteristics are materially different than specified by the Shipper and result in changes such as but not limited to equipment required, space required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then TSPs may invoice a different amount than the original quote, and the Booking Party shall be responsible for all additional costs incurred.
For the LTL Published Rate format only, fuel surcharges shown at the time of booking are those that are in effect at the time of booking and are subject to change depending on the fuel surcharge rate effective on the actual pickup date. In the event the shipper does not list Class, then the density of the shipment will be calculated and converted to the appropriate Class based on the conversion chart below, which is based on the National Motor Freight Classification Guide. Transit time will not affect the final invoice price unless specifically stated in the TSP’s rules tariff. Transit times are not guaranteed by Kings Idea Connections and Outsourcing (Kings Global Fundings). If the dimensions and/or weight of the shipment vary from the original quote, the TSP may charge additional amounts above the quoted price and the Booking Party shall be responsible for all additional costs incurred. TSPs may require the use of additional equipment and/or services to complete delivery of a shipment, in such cases, the TSP may invoice the Shipper to reflect the additional transportation costs and the Booking Party shall be responsible for payment of all additional charges. Shippers will be notified of any price changes or new fees that are requested through Kings Idea Connections and Outsourcing (Kings Global Fundings) and Kings Idea Connections and Outsourcing (Kings Global Fundings) will charge the Shipper’s payment method on file within 48 hours. In the event that a shipment is re-rated and the resulting amount due is less than the amount initially quoted and paid through Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments, a Kings Idea Connections and Outsourcing (Kings Global Fundings) account credit equal to the difference between the amount initially paid and the adjusted invoice amount will be applied to the Shipper’s Kings Idea Connections and Outsourcing (Kings Global Fundings) account. Credits may be applied toward booking any other shipment within one year of the date of issuance, otherwise they will expire. Shippers should contact Member Support regarding refund requests, questions or concerns about their Kings Idea Connections and Outsourcing (Kings Global Fundings) account credits.
COMMODITY CLASSIFICATION STANDARDS BOARD DENSITY GUIDELINES
9. Fees. You are solely responsible for all transactions conducted through your account and for paying all fees incurred by any users of your account as well as all applicable taxes. Some features on Kings Idea Connections and Outsourcing (Kings Global Fundings) require a payment method to be on file with Kings Idea Connections and Outsourcing (Kings Global Fundings). You authorize Kings Idea Connections and Outsourcing (Kings Global Fundings) to charge any applicable fees to the payment method(s) You provide to us. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period indicated in writing by Kings Idea Connections and Outsourcing (Kings Global Fundings).
a) Basic Accounts Fees. There are no registration or subscription fees for basic Shipper (personal or business), Broker or Carrier accounts.
1. Shipper Listing/Posting Fees. Kings Idea Connections and Outsourcing (Kings Global Fundings) may collect a listing fee in order to list a shipment. The amount for such a listing fee, if any, will be displayed to users before listing any shipment.
2. Shipper Service Charges. Kings Idea Connections and Outsourcing (Kings Global Fundings) may collect a Service Charge fee from the Shipper at the time of booking. The amount for such a Service Charge, if any, will be displayed to the Shipper before booking. This fee is non-refundable in the event of a completed shipment.
3. TSP Transaction Fees. TSPs may be charged a base transaction fee (base fees may be discounted for special programs) for shipments that are booked and completed through the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services. The origin, destination, category, customer type (shipper or broker), listing date, and format (auction, fixed offer price, or published rates) of a shipment determines the applicable fee according to the TSP Transaction Fee Schedule, which may change from time to time. In the event a TSP assesses charges in addition to the original booked quote due to changes in the services provided, the fee will be based upon the final assessed shipping price.
b) Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments and Withdrawal Fees. Refer to Section 7 for full Kings Idea Connections and Outsourcing (Kings Global Fundings) Payment program details.)
1. There are no fees to receive payments via the Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments program.
2. Fees may apply to withdraw from Kings Idea Connections and Outsourcing (Kings Global Fundings) depending on the TSP’s selected withdrawal method. Please see click here for for further detail on withdrawal methods.
c) Penalty Fees.
1. TSP Excessive Cancellation Surcharge. See Section 11 below for the cancellation policy. TSPs that have excessive cancellations at the time a shipment is booked will have a variable surcharge added to the TSP transaction fee. The TSP’s transaction fee will incur an excessive cancellation surcharge based on the TSP’s previous 12-month cancellation rate on Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to impose an excessive cancellation fee for cancellation rates above 10% based on the schedule detailed here.
2. Failed ACH Fees. If payment by bank account (ACH) is not received for any reason, a fee of USD $50.00 will be debited to your Kings Idea Connections and Outsourcing (Kings Global Fundings) account.
3. Unpaid Balance Fees. If, for any reason, any unpaid balances have not been received or in any manner realized by Kings Idea Connections and Outsourcing (Kings Global Fundings) on matches that have been completed by You for the services and any additional services performed by You ("Unpaid Balances"), You agree to pay such Unpaid Balance immediately. If in any billing period, we are not able to collect the full Unpaid Balance from your available Kings Idea Connections and Outsourcing (Kings Global Fundings) account balance, we reserve the right to charge your payment method on file for the balance(s) associated. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to charge your account an Unpaid Balance penalty of 5% of the total cost or USD $10, whichever is greater, and hold your account until the debt has been settled if not paid within 5 days of debt creation. If the balance remains unpaid for 30 days, the account in question will be suspended. If the Unpaid Balance is not addressed within 60 days, the account in question will be sent to collections.
In addition, Kings Idea Connections and Outsourcing (Kings Global Fundings) may charge interest, in the amount of 1.5% per month or fraction thereof on any unpaid account balance that You maintain. Any partial payments made to users’ account balances will first be applied to the most recent fees owed to Kings Idea Connections and Outsourcing (Kings Global Fundings). If at any time after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account, or, at our sole discretion, take any additional action necessary to collect the Unpaid Balance. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to waive or change our fees, penalties, or interest charged at any time. Kings Idea Connections and Outsourcing (Kings Global Fundings) also reserves the right to prevent You from changing your transactional currency until You have paid all Unpaid Balances. You also agree to pay any costs of collection incurred by us with respect to any Unpaid Balance. You also consent and authorize us to, in our sole discretion, make appropriate reports to third-party credit collection agencies, credit reporting agencies, financial institutions, tax agencies, and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. If you are enrolled in Pay on Terms, Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to enforce Unpaid Balance fees in accordance with the repayment schedule outlined in the Pay on Terms User Agreement addendum.
10. Authorization to Credit and Debit Accounts. As a Shipper or TSP, You irrevocably and expressly authorize Kings Idea Connections and Outsourcing (Kings Global Fundings) to credit any monies to the account that You have identified for Kings Idea Connections and Outsourcing (Kings Global Fundings). You agree that it is your responsibility to maintain a valid credit card or bank account on file with us while engaging in activity with the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services. You agree that if You do not maintain a valid credit card or bank account on file with us during any billing attempt, You may be subject to interest and penalties per Section 9.d.3. You expressly authorize Kings Idea Connections and Outsourcing (Kings Global Fundings) to withhold any monies and/or debit any monies from any account that You have identified to Kings Idea Connections and Outsourcing (Kings Global Fundings) for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed to Kings Idea Connections and Outsourcing (Kings Global Fundings). We reserve our rights to all actions and remedies in connection with any monies owed to Kings Idea Connections and Outsourcing (Kings Global Fundings).
11. Match Cancellations and Account Credits. A cancellation may be requested by either party after a shipment is booked on Kings Idea Connections and Outsourcing (Kings Global Fundings) but before any services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on Kings Idea Connections and Outsourcing (Kings Global Fundings) will not be performed. In any event cancellations may only be requested up to 365 calendar days after the shipment's booked date. When You request a cancellation, the other party will be notified and will have the opportunity to respond by either:
accepting the cancellation and your reason;
accepting the cancellation but providing their own reason and/or comments; or
disputing the cancellation and requesting review by Kings Idea Connections and Outsourcing (Kings Global Fundings) staff.
If your request for cancellation is accepted by the other party, the match will be cancelled and the shipment can either be relisted or deleted. If your cancellation request is disputed by the other member, then the request will be sent to Kings Idea Connections and Outsourcing (Kings Global Fundings) and a determination will be made on allowing or not allowing the cancellation. If the other party does not respond, the cancellation and reason will be automatically accepted.
a) Refunds and Credits. For all cancelled shipments booked using the Booking Deposit payment method, the Shipper deposit and/or the Shipper Service Charge will be collected by Kings Idea Connections and Outsourcing (Kings Global Fundings) as our cancellation fee. At Kings Idea Connections and Outsourcing (Kings Global Fundings)'s sole discretion, and on a case-by-case basis, we may offer the cancellation fee as a discount to a future transaction; provided, however, that in such cases (i) the right to such discount shall be conditioned, and may be given in consideration for the Shipper consummating a future transaction with Kings Idea Connections and Outsourcing (Kings Global Fundings) within 365 days following the issuance of such credit, and (ii) such discount shall have no cash value and shall not be transferable. A Shipper may receive a full refund of the booked shipment price and Shipper Service Charge for cancelled Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments transactions up to 120 days after the booking date. A refund can only be given if the Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments payment code has not been released to the TSP.
b) Excessive Cancellations. Every TSP is allowed 1 cancellation for every 10 booked shipments without penalty, with your total booked shipments always rounded up to the nearest 10. Each cancellation above this allowance is considered to be excessive, and TSPs that have excessive cancellations at the time a bid is placed or an offer is accepted will have a variable surcharge added to their transaction fee. The cancellation rate is equal to the total number of cancellations divided by the total number of matches. The TSP’s transaction fee will incur an excess cancellation surcharge (see section 9.d.1) based on the TSP’s previous 12-month cancellation rate on Kings Idea Connections and Outsourcing (Kings Global Fundings). If a Brokered Load is automatically cancelled because the Shipper to Broker transaction has been cancelled, the cancellation will not be posted on the Carrier’s profile or count as an excessive cancellation.
12. Mobile Application Usage. When using the Services on a mobile device and/or the Kings Idea Connections and Outsourcing (Kings Global Fundings) mobile application, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, (iii) not interact with the app, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
Kings Idea Connections and Outsourcing (Kings Global Fundings) does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment. Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and Kings Idea Connections and Outsourcing (Kings Global Fundings) shall have no liability should these problems arise. You assume all responsibility and risk for the use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services and mobile applications.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. Kings Idea Connections and Outsourcing (Kings Global Fundings) is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device. You will comply with all applicable laws from your home nation, the country, state, and/or city in which you are present while using the application or Service.
13. Bills of Lading. For certain shipments and for the convenience of the parties to a shipment, Kings Idea Connections and Outsourcing (Kings Global Fundings) generates an electronic and/or printable bill of lading utilizing the booking information provided by both parties for your use in tendering the shipment. The bill of lading issued in connection with each shipment is non-negotiable and shall be deemed, conclusively, to have been prepared by You, the Shipper. The parties agree that Kings Idea Connections and Outsourcing (Kings Global Fundings) does not issue the bill of lading and that Kings Idea Connections and Outsourcing (Kings Global Fundings) is not a party to the bill of lading. For certain TSPs, a failure by the Shipper to provide the bill of lading generated via Kings Idea Connections and Outsourcing (Kings Global Fundings) to the selected TSP may result in the loss of the quoted rate. If the Shipper makes changes to a shipment after booking, then the Shipper is required to either make changes to the bill of lading or cancel the shipment and rebook with current information. TSPs shall have no obligation to honor rate quotes in any of the following instances: any alteration of the bill of lading, or tendering of shipments to any Carrier other than the selected TSP, or the use of a bill of lading not generated via the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform. These terms and conditions apply when using the Standard Bill of Lading available on Kings Idea Connections and Outsourcing (Kings Global Fundings): Standard Bill of Lading Terms and Conditions.
14. In-Home Delivery Program. For some in-home delivery shipments, You, in the capacity of either a Carrier or a Shipper, may have the option to become a part of the Kings Idea Connections and Outsourcing (Kings Global Fundings) In-Home Delivery (“IHD”) program. The Kings Idea Connections and Outsourcing (Kings Global Fundings) Network Service Agreement (“NSA”)describes the terms and conditions for being in the IHD Program. The Network Service Agreement lays out the service terms, standard procedures, and detailed expectations, which all Carriers and Clients wishing to gain access to the IHD Program must agree to uphold in order to participate. By accepting membership in and/or participating in IHD Program, You agree to abide by the terms and conditions of the Network Service Agreement, which is incorporated by reference herein and can be found here. You further acknowledge, that if You do not agree, or withdraw consent, to the Network Service Agreement you may not participate in the IHD Program.
15. Book It Now Program. On qualifying shipments, You may have the option to instantly book a shipment with a set price during the booking process under the Book It Now program (“Book It Now” and “BIN”). The Book It Now program bypasses the quote-and-offer decision-making of the Kings Idea Connections and Outsourcing (Kings Global Fundings) open marketplace. By accepting and/or booking an instant price during the booking process, You agree to the terms and conditions under the Network Service Agreement (“NSA”) that apply to the Book It Now program, agree to be charged the instant bookable price and associated fees to the payment method designated in Your account, and acknowledge that You understand certain restrictions apply, including not being able to select a Carrier and having to provide a valid payment method in Your account. You understand You will be able to select a single price to book Your shipment, removing the need to sort through competing bids. In order to participate in Book It Now, You will be required to provide a payment method at booking checkout. You further agree to be charged to Your selected payment method when the shipment matches with a Carrier. By requesting an instantly bookable price through Book It Now You understand You will not have the option to select the specific Carrier for Your shipment. However, the Carriers that participate in the Book It Now program must adhere to the standards outlined in the Kings Idea Connections and Outsourcing (Kings Global Fundings) Network Service Agreement. You are not obligated to participate in the Book It Now program. Kings Idea Connections and Outsourcing (Kings Global Fundings) continues to provide You an option to access the marketplace to review bids and select a Carrier.
16. Kings Idea Connections and Outsourcing (Kings Global Fundings) Master Services Agreement. For business Shippers who utilize the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace to transport goods, including those who wish to participate in the Kings Idea Connections and Outsourcing (Kings Global Fundings) In-Home Delivery (“IHD”) program, You hereby agree to accept the terms of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Master Services Agreement (“Kings Idea Connections and Outsourcing (Kings Global Fundings) MSA”), and acknowledge that you are entering into a BINDING CONTRACT THAT GOVERNS THE USE OF AND ACCESS TO ANY ELIGIBLE SERVICES BY YOU, YOUR AGENTS, AND YOUR END-USERS, WHETHER IN CONNECTION WITH PAID SERVICES, FREE PILOT(S), AND/OR TRIAL(S) FOR SERVICES. By accepting the terms of the Kings Idea Connections and Outsourcing (Kings Global Fundings) MSA, located here, either by accessing or using any Services, or authorizing or permitting any Agent or End-User to access or use any Services, You agree to be bound by the Kings Idea Connections and Outsourcing (Kings Global Fundings) MSA as of the date of such access or use of the Services. If You do not have such authority, or if You do not agree with the terms of the Kings Idea Connections and Outsourcing (Kings Global Fundings) MSA, You must not use or authorize any use of the Services
17. Carrier Cargo Claims and Carrier Limitations of Liability. As a neutral venue, Kings Idea Connections and Outsourcing (Kings Global Fundings) does not set terms specific to Carrier cargo liability. Except where otherwise provided by the Carrier via the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform, the Carrier liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims should be submitted immediately by the Shipper to the selected TSP to help ensure timely resolution, and Kings Idea Connections and Outsourcing (Kings Global Fundings) shall have no liability or responsibility for same. The Shipper may not offset freight or other charges against claims for any loss, damage, misdelivery, or non-delivery. Where provided by the Carrier through Kings Idea Connections and Outsourcing (Kings Global Fundings), the liability for cargo loss offered will be determined by the individual Carrier’s governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a predetermined exception value, as determined by the selected Carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a Shipper may recover on a cargo claim will be that which is recoverable under the Carrier’s published liability limits and/or tariffs. The Shipper agrees that by booking a shipment on Kings Idea Connections and Outsourcing (Kings Global Fundings) they have been afforded a choice of reasonable liability rates for the protection of all freight shipped, and voluntarily chosen the released rates and limits published by Carriers through the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform.
18. Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan. On certain shipments, Shippers may have the option to purchase the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan. By accepting and/or purchasing shipping protection during the booking process, You agree to the terms and conditions under the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan, acknowledge that You understand certain restrictions apply including reimbursement limits, exclusions on certain commodities, and exclusions on shipments entering/leaving certain countries, and You agree that the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan may be included in the total price at the time of booking. You further acknowledge that, if You do not opt out of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan, You give us permission to submit any necessary information You provide us to the third-party case processing platform provider. You further agree to follow the incident report process detailed in the terms of service and acknowledge that the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan, if purchased, is non-refundable except in the case of a completed shipment cancellation. In the event that a chargeback is completed on the purchase of a Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan transaction, said Plan will be cancelled automatically and any and all associated protection under the Plan will be void and forfeit on the associated shipment. The Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan is not insurance and is secondary to any other asset protection or insurance coverage you may carry. Terms of service can be found here.
19. Information You Submit. You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize Kings Idea Connections and Outsourcing (Kings Global Fundings) to use the information You supply to us in connection with our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information and such communication and/or distribution does not constitute a sale of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information, nor will we act as a monitor over the content of such communication or information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services that is in the sole opinion of Kings Idea Connections and Outsourcing (Kings Global Fundings) a violation of this Agreement, illegal, discriminatory, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content, and/or information. To only that extent to allow us to use your communication, content, and/or information and not violate your rights in the same, You grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity, and database rights that You have in your communication, content, and/or information. You further represent and warrant that any and all of your online communication, content, and/or information will not, in the sole opinion of Kings Idea Connections and Outsourcing (Kings Global Fundings):
Violate any international, federal or state law, regulation, rule, or statute;
Violate the terms of this Agreement;
Infringe upon any third party's intellectual property rights including, but not limited to, copyright, patent, or trademark rights;
Contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
Be libelous, threatening, discriminatory, harassing, or defamatory. This specifically includes making legal claims of any sort about Kings Idea Connections and Outsourcing (Kings Global Fundings) employees, agents, other users, or any of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services;
Knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services;
Scan or test the vulnerability or security of our Services or the system within which our Services operate;
Be used for commercial or public purposes outside of the requirements of this Agreement;
Knowingly create liability for Kings Idea Connections and Outsourcing (Kings Global Fundings) through your use of Kings Idea Connections and Outsourcing (Kings Global Fundings)’s Services;
Frame or link to our Services without our written permission; or
Knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.
a) Kings Idea Connections and Outsourcing (Kings Global Fundings) User Moderation. The Kings Idea Connections and Outsourcing (Kings Global Fundings) Services are self-policed by Kings Idea Connections and Outsourcing (Kings Global Fundings) users via a flagging system that is used to communicate the policies of the Kings Idea Connections and Outsourcing (Kings Global Fundings) User Agreement and Flagging Policies. A registered user who receives a red flag on three separate occasions is subject to suspension of their account. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to edit, amend, or delete any information posted on the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services if, in the sole opinion of Kings Idea Connections and Outsourcing (Kings Global Fundings), it is in violation of any policy or the Community Rules and Guidelines.
b) Information Posted Publicly. Unless otherwise indicated, shipping transaction activity on Kings Idea Connections and Outsourcing (Kings Global Fundings) is intended to be made public, and You are authorizing Kings Idea Connections and Outsourcing (Kings Global Fundings) to use or repurpose this information within the scope of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Service, You may not provide contact information to other users prior to booking and never on any public area of the site.
c) Information Posted Privately. For any information You provide that is expressly not intended to be made public, You grant Kings Idea Connections and Outsourcing (Kings Global Fundings) a right to use the information in aggregate or in a non-user identifiable manner pursuant to our Privacy Policy.
d) Some portions of the Kings Idea Connections and Outsourcing (Kings Global Fundings) platform implement Google Maps or PTV Group mapping services, including Google Maps and PTV Group API(s). Your use of Google Maps is subject to Google’s Terms of Service. Your use of PTV Group mapping services is subject to PTV Group’s Terms of Service.
20. Prohibited Activities. Kings Idea Connections and Outsourcing (Kings Global Fundings) may suspend or remove your account if we suspect that You have engaged in prohibited activities in connection with our Services. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that users submit on our Services. Users may not manipulate or attempt to manipulate other users’ Kings Idea Connections and Outsourcing (Kings Global Fundings) accounts. Other prohibited activities include, but are not limited to:
Requesting payment from another Kings Idea Connections and Outsourcing (Kings Global Fundings) user via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram);
Improperly influencing in any manner, or cause another to improperly influence or manipulate in any manner the feedback of the user;
Posting and/or copying and pasting the content of a user feedback review from the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services to your own personal or business website, to any other third party website, and/or on any of your own personal, business, or third party marketing/advertising materials regardless of the form;
Posting or attempting to post, in any manner or by any means, a feedback review on your own Kings Idea Connections and Outsourcing (Kings Global Fundings) account;
Asking Shippers to pay off-site through another form of payment when they have already paid through Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments;
Changing, or in any way attempting to collect from users, as an additional charge to the total amount agreed upon for the services, the Kings Idea Connections and Outsourcing (Kings Global Fundings) Transaction Fee, or;
Charging users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on Kings Idea Connections and Outsourcing (Kings Global Fundings) (provided that the shipment was as described on Kings Idea Connections and Outsourcing (Kings Global Fundings)). The booked shipment price must include ANY and ALL charges, including any taxes, fees, etc.;
Representing or communicating to users that You are to collect the Kings Idea Connections and Outsourcing (Kings Global Fundings) Transaction Fee;
Causing another person or entity to engage in any conduct, act, or behavior intended or designed to circumvent or avoid, in any manner, our right to the Kings Idea Connections and Outsourcing (Kings Global Fundings) Transaction Fee;
Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a user, that circumvents or avoids our right to a Transaction Fee;
Communicating or corresponding, whether by written, verbal, or electronic means, with a user, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Transaction Fee;
Entering personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses;
Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses, obtained through the Kings Idea Connections and Outsourcing (Kings Global Fundings) site to offer to deliver a listed shipment off-site or to offer a shipment for delivery off-site;
Using the Kings Idea Connections and Outsourcing (Kings Global Fundings) name on your own personal and/or business website in any manner, including in the URL without express written consent of Kings Idea Connections and Outsourcing (Kings Global Fundings);
Attempting to redirect website traffic from the Kings Idea Connections and Outsourcing (Kings Global Fundings) software platform to your own personal and/or business website in any manner.
21. Right to Suspend or Remove Users. We reserve the absolute right to reject or suspend your participation, or remove You from your current participation, with the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services at any time and for any reason or for no reason and without notice to You. We are not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios that may result in the suspension or removal of your participation include but are not limited to: flagging; abusive or hostile behavior; unresolved disputes; creating and/or maintaining multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations, negative feedback, etc.). Kings Idea Connections and Outsourcing (Kings Global Fundings) has no obligation to disclose the reason for actions taken under this section. All decisions are final.
22. Feedback. For each Kings Idea Connections and Outsourcing (Kings Global Fundings) transaction, the Shipper and TSP are allowed to rate each other by leaving feedback for one another. TSPs leave feedback directly through Kings Idea Connections and Outsourcing (Kings Global Fundings) whereas Shippers leave feedback through third-party platform Yotpo. You agree Your use of Yotpo is subject to the Yotpo Terms of Service. Feedback should be left only after a shipment has been delivered or a cancellation has been completed. Feedback for TSPs consists of the Shipper leaving a star rating (with a 1-star rating being the lowest and a 5-star rating being the highest), writing a short comment about their experience with the TSP, and indicating if they would or would not work with the TSP again for future shipments. Feedback for Shippers consists of the TSP leaving a rating (positive, negative, or neutral) and writing a short comment about their experience with the Shipper. You acknowledge that your feedback consists of comments left by other Kings Idea Connections and Outsourcing (Kings Global Fundings) users and a composite feedback score compiled by Kings Idea Connections and Outsourcing (Kings Global Fundings). You agree that You will not use your Kings Idea Connections and Outsourcing (Kings Global Fundings) feedback in any venue other than Kings Idea Connections and Outsourcing (Kings Global Fundings). Users should always use caution and good judgment when leaving feedback for another user because You could be held legally responsible for damages to a user’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because Kings Idea Connections and Outsourcing (Kings Global Fundings) does not censor feedback or investigate it for accuracy, Kings Idea Connections and Outsourcing (Kings Global Fundings) is not legally responsible for the remarks that users post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
a) Feedback Calculations for TSPs.
Feedback scores for TSPs are calculated after completion of a shipment when a Shipper opts to answer the question "Would you use this transporter again?" The Shipper can select thumbs up(yes, +1) or thumbs down(no, -1). The “Would Use Again” percentage reflects the number of thumbs up (+1) or thumbs down (-1) ratings received by a TSP. Star ratings are calculated when a Shipper rates a TSP’s services between 1 and 5 stars (with 1-star rating being the lowest and a 5-star rating being the highest) after either completion or cancellation of a shipment.
b) Feedback Calculations for Shippers.
Feedback scores for Shippers are calculated when a TSP gives a Shipper a positive (+1), neutral (0), or negative (-1) score. A Shipper’s overall feedback score is the difference between the number of TSPs who left a positive rating and the number of TSPs who left a negative rating. A TSP can only influence a Shipper’s feedback score by one positive, one negative, or one neutral rating. When a TSP leaves more than one of a particular type of feedback for a Shipper, for example three positive ratings for three different transactions, the Shipper’s score only increases by +1. While the score is only increased by +1, each of the feedback comments left by the TSP are made available for the community to read in the Feedback Received section of a Shipper’s profile. Likewise, if a TSP leaves three positive ratings and two negative ratings, only one of the positives and one of the negatives will count towards a Shipper’s feedback score, resulting in a net score of zero.
c) Resolving Feedback Disputes.
To maintain the integrity of the feedback system, feedback left for a user is a permanent part of that user’s profile. Feedback comments cannot be edited at a later date. Users should resolve any misunderstandings prior to leaving feedback, as most misunderstandings can and are resolved quickly through direct communication. There may be times when You are unhappy with, disagree with, or regret feedback that You left for another user, or that may have been left for You. If You have a disagreement over feedback that has been left, You have the following options to respond:
Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other Kings Idea Connections and Outsourcing (Kings Global Fundings) user.
Feedback Comment Removal. Kings Idea Connections and Outsourcing (Kings Global Fundings) will remove individual feedback comments only in very rare circumstances, such as but not limited to, when they violate certain Kings Idea Connections and Outsourcing (Kings Global Fundings) policies and instances when Kings Idea Connections and Outsourcing (Kings Global Fundings) receives a valid court order to remove feedback.
23. Dispute Resolution. Disputes between You and Kings Idea Connections and Outsourcing (Kings Global Fundings) regarding our Services should be reported to Kings Idea Connections and Outsourcing (Kings Global Fundings) Support and are otherwise governed by Section 38 of this User Agreement. We will attempt to resolve any disputes between you and another user through customer support protocols. Because we are a neutral venue, however, we are not responsible for successfully resolving any disputes, nor are we responsible for any decisions made or actions taken in a reasonable effort to assist in the resolution of a dispute involving You. If You report a dispute to Kings Idea Connections and Outsourcing (Kings Global Fundings), we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a user who claims to have a dispute with You regarding transactions completed on Kings Idea Connections and Outsourcing (Kings Global Fundings) and they request your contact information (including, but not limited to, any of your provided phone numbers and/or contact information) to settle the dispute, You expressly authorize us to release your provided contact information to the Kings Idea Connections and Outsourcing (Kings Global Fundings) user and You agree to release us from any and all liability associated therewith. We encourage You to report all user-to-user disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
24. Prohibited and Restricted Items. You may not list any shipment on our site that violates any applicable law, statute, ordinance, regulation, or includes prohibited items. Prohibited items are defined as hazardous or dangerous goods that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on Kings Idea Connections and Outsourcing (Kings Global Fundings). The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be listed on Kings Idea Connections and Outsourcing (Kings Global Fundings) - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the US, see the U.S. Postal Service Publication 52. For details on particular hazardous substances and transportation requirements outside of the U.S., please consult your local postal authority and/or regulatory agency. Restricted Items are defined as items considered restricted or perishable by the U.S. Postal Service which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on Kings Idea Connections and Outsourcing (Kings Global Fundings) (see U.S. Postal Service Publication 52 for additional details). Full responsibility rests with the consigner to comply with all postal and non-postal laws and regulations that relate to the mailing of hazardous, restricted, and perishable material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e. fines and/or imprisonment), including, but not limited to, those specified in 18 U.S.C.
25. (U.S. Only) Household Goods Shipments. Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of Shippers of household goods. Your TSP is required by the FMCSA to provide You with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your TSP at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at ProtectYourMove.gov.
26. (U.S. Only) Non-household Goods Shipments. The Federal Motor Carrier Safety Administration, part of the U.S. Department of Transportation, requires that all TSPs handling interstate shipments register with it and provide certain information. You can determine the registration and safety statutes of your TSP at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. A number of states have statutes and regulations pertaining to such intrastate transportation. We suggest You check with your state Department of Transportation if your service is entirely within one state.
27. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association, or connection exists between You and Kings Idea Connections and Outsourcing (Kings Global Fundings).
28. Release. Should you have a dispute with one or more Kings Idea Connections and Outsourcing (Kings Global Fundings) users, You release Kings Idea Connections and Outsourcing (Kings Global Fundings), Inc., its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.
29. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of, or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section 29 shall survive the termination of this Agreement. Furthermore, You acknowledge that Our Information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief in addition to recovery for damages.
30. Taxes. You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Kings Idea Connections and Outsourcing (Kings Global Fundings).
31. Record Keeping/Audit. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to keep all records of any and all transactions and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.
32. Non-solicitation. During the term of this Agreement You shall not solicit to hire nor hire our employees of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of Kings Idea Connections and Outsourcing (Kings Global Fundings)’s other business relationships including, but not limited to, those with other Kings Idea Connections and Outsourcing (Kings Global Fundings) users, vendors, or business associates. Specifically, You shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any Kings Idea Connections and Outsourcing (Kings Global Fundings) user in which you initially met through Kings Idea Connections and Outsourcing (Kings Global Fundings).
33. Unsolicited Idea Submission. We always want to receive messages and feedback from Kings Idea Connections and Outsourcing (Kings Global Fundings) users and welcome any comments regarding the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace. However, Kings Idea Connections and Outsourcing (Kings Global Fundings) policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Kings Idea Connections and Outsourcing (Kings Global Fundings) might be similar or even identical to your idea.
If You do send Kings Idea Connections and Outsourcing (Kings Global Fundings) an unsolicited suggestion, idea, or proposal, or if You send, at the request of Kings Idea Connections and Outsourcing (Kings Global Fundings), a comment or suggestion to improve the Kings Idea Connections and Outsourcing (Kings Global Fundings) Marketplace (for example, through discussion boards or via email) (collectively, the "Submission"), Kings Idea Connections and Outsourcing (Kings Global Fundings) will consider the Submission to be non-confidential and non-proprietary. Kings Idea Connections and Outsourcing (Kings Global Fundings) shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Kings Idea Connections and Outsourcing (Kings Global Fundings) shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.
34. Remedies. If You use our Services in violation of this agreement, we are authorized to take action against you as a user and/or take action against your Kings Idea Connections and Outsourcing (Kings Global Fundings) account which may include, but is not limited to, the immediate removal of your shipment listing(s), offers, bids, and/or profile, notifying our users of your actions, issuing a warning, temporarily suspending your user status, terminating your user status, and/or refusing to provide our Services to You in the future.
35. Limited Liability and No Warranty. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of third-party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of third-party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that Kings Idea Connections and Outsourcing (Kings Global Fundings) is not responsible for any failures, delays, outages, or otherwise not making the Services available at any time. You agree that You are making use of our sites, Services, and tools including those of third-party solution providers at your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.
In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold Kings Idea Connections and Outsourcing (Kings Global Fundings) responsible, for any damages or losses resulting in any way from the foregoing in this Section 35, or the following:
Viruses or other malicious software obtained by accessing our Services, or tools linked to our Services including those of third-party solution providers;
Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services;
The content, actions, or inactions of third parties, including items listed using our Services;
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this Agreement or our policies;
Changes to the Service availability, including planned or unplanned Service downtime;
Changes to any Kings Idea Connections and Outsourcing (Kings Global Fundings) products, features, or Services; and
Your removal from the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. In such jurisdictions, it is the intent of the parties to this User Agreement to make clear that Kings Idea Connections and Outsourcing (Kings Global Fundings)’s liability is extremely limited and provides its services “AS IS”, and if this User Agreement is modified by any Court of competent jurisdiction to conform to local law, such modification shall be conducted while preserving the original intent of the parties as closely as possible.
36. Indemnity. You agree to indemnify and hold Kings Idea Connections and Outsourcing (Kings Global Fundings) and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including the cost of your attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, misuse of Kings Idea Connections and Outsourcing (Kings Global Fundings)’s Services, or violation of any law or the rights of a third party.
37. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
38. Arbitration and Waiver of Class Actions. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL. In consideration for our willingness to provide you with access to our sites, Services, or tools, you and we agree as follows: Any legal claim arising out of or relating to this Agreement or our Services (excluding legal action taken by Kings Idea Connections and Outsourcing (Kings Global Fundings) to collect our fees or recover damages for, or obtain an injunction relating to, the Kings Idea Connections and Outsourcing (Kings Global Fundings) operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, including, if necessary, the Optional Rules for Emergency Measures of Protection. The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 38 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER. YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING.
39. Trademark and Domain Name Protection. The Kings Idea Connections and Outsourcing (Kings Global Fundings) Services contain trademarks, trade names, trade dress, service marks, domain names, and other indicia of ownership (collectively the "Marks") owned or licensed for use by Kings Idea Connections and Outsourcing (Kings Global Fundings). Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kings Idea Connections and Outsourcing (Kings Global Fundings)’s name or trademarks without the express written consent of Kings Idea Connections and Outsourcing (Kings Global Fundings). You shall not use or register any domain name that is identical to or similar to any of the Marks. To the greatest extent possible, Kings Idea Connections and Outsourcing (Kings Global Fundings)’s rights in our Marks and Our Information shall be enforceable and respected worldwide.
40. Disclaimer of Third-Party Materials and Links. OUR SERVICES MAY DISPLAY, INCLUDE, OR MAKE AVAILABLE THIRD-PARTY CONTENT OR PROVIDE LINKS TO THIRD-PARTY WEBSITES OR SERVICES THAT USHIP DOES NOT OWN OR CONTROL. USHIP DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY WEBSITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM OUR SERVICES OR SHARE YOUR DATA OR INFORMATION ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND THIS USER AGREEMENT AND THE USHIP PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH WEBSITES. YOU EXPRESSLY RELEASE USHIP FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT.
41. Security. Kings Idea Connections and Outsourcing (Kings Global Fundings) uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
42. Governing Law. THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
43. Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Services at any time. You agree that any additional terms and conditions that apply to your use of our Services shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that, if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
44. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole, and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
45. Notices. All notices sent to Kings Idea Connections and Outsourcing (Kings Global Fundings) shall be sent by physical mail to: Kings Idea Connections and Outsourcing (Kings Global Fundings), Inc., PO Box 969, Austin, TX, 78767 or via email to: [email protected]. All notices will be sent to You using the contact information you provide, and may be sent via regular mail, e-mail, text, phone call, or fax.
46. Drafting. Grable Martin Fulton PLLC has served as counsel to Kings Idea Connections and Outsourcing (Kings Global Fundings) in the preparation of this Agreement which includes the terms as agreed by the parties. Nothing in this User Agreement shall be construed in favor of or against Kings Idea Connections and Outsourcing (Kings Global Fundings) by virtue of its role in drafting this User Agreement. Users are encouraged to read this document in its entirety and consult with independent legal counsel regarding questions.
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Kings Idea Connections and Outsourcing (Kings Global Fundings) Master Services Agreement
Updated
We have updated our Kings Idea Connections and Outsourcing (Kings Global Fundings) Master Services Agreement (“MSA”). If You are a new Client, this MSA is effective as of June 2, 2023, and applies to agreements signed on or after said date. If You are an existing Client, We are providing you with prior notice of these changes which will be effective as of July 1, 2023.
THIS AGREEMENT IS A BINDING CONTRACT AND GOVERNS THE USE OF AND ACCESS TO THE SERVICES BY YOU, AGENTS AND END-USERS WHETHER IN CONNECTION WITH PAID SERVICES OR FREE PILOT AND/OR TRIAL FOR THE SERVICES.
By accepting this Agreement, either by accessing or using any Services, or authorizing or permitting any Agent or End-User to access or use any Services, You agree to be bound by this Agreement as of the date of such access or use of the Services (the “Effective Date”). If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Kings Idea Connections and Outsourcing (Kings Global Fundings) that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Client,” “You,” or “Your” herein refers to such Entity and its Affiliates (hereinafter “Client”). If You do not have such authority, or if You do not agree with this Agreement, You must not use or authorize any use of the Services. Client and Kings Idea Connections and Outsourcing (Kings Global Fundings) shall each be referred to as a “Party” and collectively referred to as the “Parties” for purposes of this Agreement.
Client acknowledges this MSA is subject to the terms and conditions of the Kings Idea Connections and Outsourcing (Kings Global Fundings) User Agreement ("User Agreement"), located at https://help.uship.com/hc/en-us/articles/360008771433-user-agreement, and the Kings Idea Connections and Outsourcing (Kings Global Fundings) Privacy Policy ("Privacy Policy"), located at https://help.uship.com/hc/en-us/articles/360009056894-Privacy-Policy-, which are incorporated in full by this reference. Client acknowledges having read and understood the terms and conditions of the User Agreement and Privacy Policy. Capitalized terms used herein but not defined shall have the definition provided to it in the User Agreement.
This MSA, the User Agreement, and the Privacy Policy shall collectively be referred to as the "Agreement”. In the event of any conflict among the various portions of the Agreement, the following order of precedence shall prevail: (i) MSA; (ii) User Agreement; and (iii) Privacy Policy. Non-English translations of this Agreement may be provided for convenience only. In the event of any ambiguity or conflict between translations, the English version shall control. It is anticipated that the Client and Kings Idea Connections and Outsourcing (Kings Global Fundings) may enter into subsequent agreements for add-on Services or programs. Unless each subsequent agreement indicates a different order of precedence on its face, this Agreement shall prevail in the order of precedence indicated herein. The purpose of this Agreement is to establish the terms and conditions under which Client obtains Kings Idea Connections and Outsourcing (Kings Global Fundings)’s Services and Professional Services as described in a contract/statement of work (“SOW”), or other document signed or agreed to by Client.
Background
Kings Idea Connections and Outsourcing (Kings Global Fundings) is a technology company that operates a neutral online transportation marketplace for shippers and transportation service providers (“TSP”) to connect for the shipment of items. Client is a business that utilizes the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace to transport goods.
The Parties agree as follows:
1. Scope of Services.
1.1. Kings Idea Connections and Outsourcing (Kings Global Fundings)'s Obligations. Kings Idea Connections and Outsourcing (Kings Global Fundings) shall assist Client in the facilitation of shipping services via the Kings Idea Connections and Outsourcing (Kings Global Fundings) technology shipping marketplace platform and/or Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs, as further defined herein, in a manner mutually agreed upon by the Parties (“Services”). Kings Idea Connections and Outsourcing (Kings Global Fundings) shall provide Client with instructions on use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs, Kings Idea Connections and Outsourcing (Kings Global Fundings) Applications, and required tools. Kings Idea Connections and Outsourcing (Kings Global Fundings) agrees to use reasonable efforts to integrate Client's tools and content into Kings Idea Connections and Outsourcing (Kings Global Fundings)'s online processes in such a manner as mutually agreed upon by the Parties.
1.2. Not a Transportation Broker. For the avoidance of doubt, Kings Idea Connections and Outsourcing (Kings Global Fundings) is not acting as a broker for Client, or Client's customers, by providing its Services.
1.3. Client's Obligations. Client shall be responsible for providing to Kings Idea Connections and Outsourcing (Kings Global Fundings), in an accurate and timely manner, the Client information that is reasonably necessary for Kings Idea Connections and Outsourcing (Kings Global Fundings) to perform the Services hereunder. Client shall be solely responsible for the content of the Client information. In addition, Client shall provide at least one Client-designated representative for Kings Idea Connections and Outsourcing (Kings Global Fundings) to use for questions and issues related to Kings Idea Connections and Outsourcing (Kings Global Fundings)'s duties hereunder. During the Term (as defined below), Client shall not circumvent the Kings Idea Connections and Outsourcing (Kings Global Fundings) platform to solicit contracts directly with carriers first introduced to Client via the Kings Idea Connections and Outsourcing (Kings Global Fundings) platform.
2. Term.
2.1. Term. The term of this MSA begins on the Effective Date and will remain in effect as long as the Client has a valid contract/SOW or until this MSA is otherwise terminated in accordance with the terms hereof, whichever occurs first. The Service Term will be defined in each individual contract/SOW. Unless an Account and participation in any Services are terminated in accordance with this Agreement or the applicable contract/SOW, or unless otherwise stated in the applicable contract/SOW, and Client’s contract to any Services (including any and all deployed associated Services) will renew for a Service Term equivalent in length to the then-expiring Service Term.
3. Price and Payment.
3.1. Fees. Client agrees to pay all fees and other charges in accordance with this Agreement. Client agrees to pay for the total transaction value displayed at the time of checkout for each shipment booked on Kings Idea Connections and Outsourcing (Kings Global Fundings).com under the terms of this Agreement, and any additional up-sell, including protection plan or other additional services or charges, for each delivered shipment transaction (“Kings Idea Connections and Outsourcing (Kings Global Fundings) Fees”). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to waive or modify the Kings Idea Connections and Outsourcing (Kings Global Fundings) Fees, penalties, interests, and to introduce new Kings Idea Connections and Outsourcing (Kings Global Fundings) Fees, penalties, or interests at any time. For ongoing transactions, Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to waive or modify the fees and charges, penalties, or interests upon at least 30 days prior notice to Client. All pricing terms are confidential, and you agree not to disclose them to any third party. Kings Idea Connections and Outsourcing (Kings Global Fundings)’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
3.2. Invoicing. Where any Kings Idea Connections and Outsourcing (Kings Global Fundings) Fees are not payable and/or paid at the time of checkout, Client agrees to be invoiced. Kings Idea Connections and Outsourcing (Kings Global Fundings) will issue any post-checkout invoices to Client on a monthly basis, unless otherwise specified in a subsequent agreement. All invoices are payable on receipt. Client shall submit full payment in United States dollars (“USD”) within net thirty (30) days from the invoice date, unless otherwise specified in a subsequent agreement. For the avoidance of doubt, completed or delivered shipments are those shipments that are delivered to a final destination, regardless of damages. Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
3.3. Shipping Protection. Client agrees to obtain shipping protection on each shipment that is booked using Kings Idea Connections and Outsourcing (Kings Global Fundings), via self-insurance, its own insurers, or by purchasing the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan (“UPP”). Client shall be responsible for the payment of all protection costs, including processing fees. Client shall be responsible for reading and understanding the terms and conditions of the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan, including restrictions, exclusions, and reimbursement maximums. Client acknowledges that the Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan, if purchased, is non-refundable except in the case of the plan's cancellation pursuant to the UPP TOS Section 7 (Term & Termination) prior to the Service Provider taking possession of Client's items. Client shall be solely responsible for any and all damages that may occur to any unprotected shipments.
3.4. Misrepresentations and Accessorial or Additional Fees. Any misrepresentations, whether intentional or not, about items to be shipped could result in an additional fee over and above the quoted price displayed at the time of checkout. If the dimensions or weight of the shipment vary from the original quote or additional equipment and/or services are required to complete delivery of a shipment, the Transportation Service Provider may charge additional amounts above the quoted price and the Client shall be responsible for all reasonable additional costs incurred, including, but not limited to, extra labor fees, storage charges, stair fees (per flight) for other than ground floor delivery, missed appointments and redelivery fees, and ferry costs, or in the case of LTL, liftgate, residential, delivery, inside delivery, and appointment /call before delivery, to name a few.
3.5. Payment Method. Unless otherwise specified, Client agrees to pay for all transactions on the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace via credit card or the Kings Idea Connections and Outsourcing (Kings Global Fundings)-specified Credit portal, as indicated in the applicable program agreement.
3.6. Taxes. Client shall be responsible for all applicable taxes, however designated, incurred in connection with the Agreement, including but not limited to federal, state, or local sales or use taxes, value-added taxes (VAT), excises, and other taxes or duties which may now or hereafter be levied on the Services provided hereunder or on payments made under the Agreement (the “Taxes”).
4. Provider of Services.
4.1. Identification of Provider of Services. Client will not attribute the Services provided to Client by Kings Idea Connections and Outsourcing (Kings Global Fundings) during the Term to any other online shipping marketplace or direct competitor of Kings Idea Connections and Outsourcing (Kings Global Fundings), except as expressly permitted in writing.
5. Publicity.
5.1. Marketing. Except as expressly stated herein, neither Party shall (a) create, publish, distribute, or permit any written material (including any material on any website) referencing the other Party or its products or services without such Party’s written consent, or (b) make any representations, warranties or product claims regarding the other Party or its products or services without the other Party’s prior written consent.
5.2. Use of Logo. Client hereby grants to Kings Idea Connections and Outsourcing (Kings Global Fundings) the express right to use Client’s company logo in marketing, sales, financial, and public relations materials and other communications solely to identify Client as a Kings Idea Connections and Outsourcing (Kings Global Fundings) customer. Kings Idea Connections and Outsourcing (Kings Global Fundings) hereby grants to Client the express right to use Kings Idea Connections and Outsourcing (Kings Global Fundings)’s logo solely to identify Kings Idea Connections and Outsourcing (Kings Global Fundings) as a provider of the Services to Client. Other than as expressly stated herein, neither Party shall use the other Party’s marks, codes, drawings, or specifications without the prior written consent of the other Party.
6. Support.
6.1. User Support. Each Party shall be responsible for supporting their individual products and services.
6.2. Support Services. Kings Idea Connections and Outsourcing (Kings Global Fundings) shall provide support services to Client, during Kings Idea Connections and Outsourcing (Kings Global Fundings)'s normal hours of operations of Monday through Friday from 8 am to 5 pm Central time (“CT”), excluding major United States holidays. Promptly after the Effective Date, Kings Idea Connections and Outsourcing (Kings Global Fundings) shall provide an escalation path for important issues and emergencies. Kings Idea Connections and Outsourcing (Kings Global Fundings)'s platform shall be available at least 99.5% of the time each month, excluding: (a) normal maintenance of up to 8 hours per month provided that Client is provided at least one (1) day advance notice of such maintenance; (b) errors or unavailability attributable to Client's actions, omissions or hardware; and (c) events outside of Kings Idea Connections and Outsourcing (Kings Global Fundings)'s reasonable control. Any additional support provided by Kings Idea Connections and Outsourcing (Kings Global Fundings) must be mutually agreed upon by both Parties, in writing, prior to implementation.
7. Licenses.
7.1. License and Use. Subject to the terms and conditions of the Agreement, and Kings Idea Connections and Outsourcing (Kings Global Fundings)’s prior written approval of each usage, Kings Idea Connections and Outsourcing (Kings Global Fundings) grants to Client a non-exclusive, non-transferable, revocable, royalty-free license and right to use, reproduce, electronically distribute, publicly display, and publicly perform Kings Idea Connections and Outsourcing (Kings Global Fundings) marks, logos, hypertext links and graphic icon buttons (collectively, the “Kings Idea Connections and Outsourcing (Kings Global Fundings) Content”) only as reasonably necessary under the Agreement and solely to refer to Kings Idea Connections and Outsourcing (Kings Global Fundings) or its products and services. Kings Idea Connections and Outsourcing (Kings Global Fundings) also grants to Client a non-exclusive non-transferable, worldwide limited license to make use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) tools, Kings Idea Connections and Outsourcing (Kings Global Fundings) pricing service, online transportation marketplace and related application programming interfaces (“Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs”), including any updates or enhancements thereto (collectively, the “Kings Idea Connections and Outsourcing (Kings Global Fundings) Applications”) as necessary to use the Services and otherwise exercise Client’s rights under the Agreement. Subject to the terms and conditions of the Agreement and Client’s prior written approval of each usage, Client grants to Kings Idea Connections and Outsourcing (Kings Global Fundings) a non-exclusive, non-transferable, revocable, royalty-free license and right to use, reproduce, electronically distribute, publicly display and publicly perform Client’s marks, logos, hypertext links, graphic icon buttons and other proprietary content (collectively, the “Client Content”) only as reasonably necessary under the Agreement and solely to refer to Client or its products and services. Kings Idea Connections and Outsourcing (Kings Global Fundings) shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Kings Idea Connections and Outsourcing (Kings Global Fundings) Applications or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from Client for Services provided under the terms of the Agreement.
7.2. Limitations. Kings Idea Connections and Outsourcing (Kings Global Fundings) owns all right, title and interest in Kings Idea Connections and Outsourcing (Kings Global Fundings) Applications and all Kings Idea Connections and Outsourcing (Kings Global Fundings) Content. Client will not alter, reverse engineer, decompile, disassemble, or rent the Kings Idea Connections and Outsourcing (Kings Global Fundings) Content or Kings Idea Connections and Outsourcing (Kings Global Fundings) Applications. Client will not use Kings Idea Connections and Outsourcing (Kings Global Fundings) Content in a manner that tarnishes, blurs or dilutes its quality or the associated goodwill. Client owns all right, title and interest in Client Content. Kings Idea Connections and Outsourcing (Kings Global Fundings) will not alter, reverse engineer, decompile, disassemble, or rent the Client Content. Kings Idea Connections and Outsourcing (Kings Global Fundings) will not use Client Content in a manner that tarnishes, blurs or dilutes its quality or the associated goodwill.
7.3. Restrictions. Client further agrees it will not: (A) access Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs or documentation in violation of any law or regulation; (B) access Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs in any manner that (i) compromises, breaks or circumvents any of Kings Idea Connections and Outsourcing (Kings Global Fundings)’s technical processes or security measures associated with the Kings Idea Connections and Outsourcing (Kings Global Fundings) platform, (ii) poses a security vulnerability to customers or users of the Kings Idea Connections and Outsourcing (Kings Global Fundings) platform, or (iii) tests the vulnerability of Kings Idea Connections and Outsourcing (Kings Global Fundings)’s systems or networks; (C) access Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs or documentation in order to replicate or compete with the Services; (D) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs or Services; or (E) attempt to use Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs in a manner that exceeds rate limits, or constitutes excessive or abusive usage.
7.4. Audit. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to audit Client’s use of the Kings Idea Connections and Outsourcing (Kings Global Fundings) APIs to ensure it does not violate the Agreement and to ensure proper implementation. Client agrees it will cooperate with inquiries related to such an audit and provide proof of compliance to Kings Idea Connections and Outsourcing (Kings Global Fundings) upon request.
8. Confidential Information.
8.1. Confidential Information. Confidential Information means all information provided by one Party (“Disclosing Party”) to the other Party (“Receiving Party”) which the Disclosing Party has not released publicly and has designated as “confidential,” “proprietary,” or some similar designation, including but not limited to: Kings Idea Connections and Outsourcing (Kings Global Fundings)’s pricing service, any available and applicable Kings Idea Connections and Outsourcing (Kings Global Fundings) App Installation Link, the Disclosing Party’s know-how, all information regarding the Disclosing Party not known to the general public, and confidential information disclosed to the Disclosing Party by third parties and conveyed to the Receiving Party as such. The Parties further agree that the terms of the Agreement shall be considered Confidential Information.
8.2. Return of Confidential Information. Upon written request, the Receiving Party will return all Confidential Information received from the Disclosing Party no later than ten (10) days after termination of the Agreement. Alternatively, the Receiving Party may destroy such Confidential Information with the Disclosing Party’s prior written consent, in which case an officer of the Receiving Party will certify in writing to the Disclosing Party that all such Confidential Information has been so destroyed. This Section 8.2 (Return of Confidential Information) shall not apply to the Parties’ signed Agreement.
8.3. Nondisclosure. Each Party shall hold in confidence any Confidential Information received by it from the Disclosing Party under the Agreement, or any agreement supplemental to the Agreement which is entered into by the Parties, and shall protect the confidentiality of such with the same degree of care that it exercises with respect to its own Confidential Information, but in no event less than reasonable care for a period of three (3) years from receipt thereof. Access to one Party’s Confidential Information shall be restricted to the other Party’s employees and independent contractors with a need to have access, and who are bound by an appropriate written agreement to protect the Disclosing Party’s Confidential Information consistent with the Receiving Party’s confidentiality obligations hereunder.
8.4. Exceptions. Notwithstanding any provision herein concerning the obligations of Confidential Information, Confidential Information does not include information which: (i) is public knowledge at the time of disclosure; (ii) becomes public knowledge through no act or omission of the Receiving Party; (iii) has been rightfully furnished to the Receiving Party by a third party without any restriction on disclosure or any obligation of confidentiality prior to obtaining the Confidential Information from the Disclosing Party; (v) was independently developed by the Receiving Party, without access to or uses of the Disclosing Party’s Confidential Information, (vi) is approved for release or use by written authorization of an officer of the Disclosing Party, or (vii) personal information.
8.5. Required Disclosure. If a Receiving Party is required by any governmental entity or legal process to disclose Confidential Information, the Receiving Party shall provide reasonable notice to the Disclosing Party so that the Disclosing Party may seek appropriate relief.
8.6. Remedies. The Parties agree their obligations hereunder are necessary and reasonable in order to protect Confidential Information shared under the Agreement. The Parties further agree that monetary damages would be inadequate compensation for any breach of this Section 8 (Confidential Information). Accordingly, each Party agrees and acknowledges that any breach or threatened breach of its confidentiality obligations hereunder will cause irreparable injury to the other Party and that, in addition to any other remedies that may be available, in law, equity or otherwise, the non-breaching Party shall be entitled to obtain injunctive relief against the breach or threatened breach of the confidentiality obligations, without the necessity of proving actual damages.
9. Privacy.
9.1. Obligations. Each Party agrees to use the other Party’s customer information, that may be obtained as a result of the Agreement, in compliance with all applicable privacy laws, rules, and regulations. The Parties each agree to adequately display their Privacy Policy on their website at all times. Kings Idea Connections and Outsourcing (Kings Global Fundings)'s Privacy Policy can be located here https://help.uship.com/hc/en-us/articles/360009056894-Privacy-Policy-. The Parties further agree their respective Privacy Policies will meet industry standards.
10. Circumvention.
10.1. Penalty. If during the Term, or in the six (6) months immediately succeeding expiration or termination, Client directly contracts for shipping services with a Transportation Service Provider first introduced to Client via the Kings Idea Connections and Outsourcing (Kings Global Fundings) platform, then Client shall pay Kings Idea Connections and Outsourcing (Kings Global Fundings) a monthly fee in the amount of $5,000 per Transportation Service Provider for a period of six (6) months. For the avoidance of doubt, the foregoing penalty shall not apply if Client (i) contracted directly or indirectly with such Transportation Service Provider at any time during the one (1) year period immediately prior to the Effective Date, or (ii) brought such Transportation Service Provider to Kings Idea Connections and Outsourcing (Kings Global Fundings)’s marketplace; however, these exclusions shall not apply to transportation load boards or those Transportation Service Providers that Client contracted with after the date of its account creation on the Kings Idea Connections and Outsourcing (Kings Global Fundings) platform.
11. Termination.
11.1. Termination for Convenience. Either Party may elect to terminate an Account and participation in any Services at the end of the then-current Service Term by providing notice in accordance with Section 15.4 (Notices) of this Agreement no less than ninety (90) days prior to the end of such Service Term.
11.2. Termination for Cause. A Party may terminate this Agreement for cause (a) upon written notice to the other Party of a material breach by the other Party if such breach remains uncured after thirty (30) days from the date of receipt of such notice; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors. However, Kings Idea Connections and Outsourcing (Kings Global Fundings) may immediately terminate this Agreement for cause without notice if Client violates any part of this Agreement or if provision of the Services violates applicable law, regulation, or court order.
Kings Idea Connections and Outsourcing (Kings Global Fundings) will refund any prepaid fees covering the remainder of the Service Term as of the effective date of termination if this Agreement is terminated by Client in accordance with this Section for Kings Idea Connections and Outsourcing (Kings Global Fundings)’s uncured material breach.
Client must pay any unpaid fees covering the remainder of the Service Term pursuant to any applicable Contract/SOW if Kings Idea Connections and Outsourcing (Kings Global Fundings) terminates this Agreement for Client’s material breach in accordance with this Section. In no event will Kings Idea Connections and Outsourcing (Kings Global Fundings)’s termination for cause relieve Client of its obligation to pay any fees payable to Kings Idea Connections and Outsourcing (Kings Global Fundings) for the effective period prior to termination.
11.3. Payment Upon Termination. Except for Client’s termination under Section 11.2 (Termination for Cause), if Client terminates its participation in any Services or cancels its Account prior to the end of the then-effective Service Term, or if Kings Idea Connections and Outsourcing (Kings Global Fundings) terminates or cancels Client’s Account pursuant to Section 11.2 (Termination for Cause), in addition to any other amounts Client may owe Kings Idea Connections and Outsourcing (Kings Global Fundings), Client must immediately pay any and all unpaid charges for Services associated with the remainder of such Service Term.
11.4. No Refunds. Except for Client’s termination rights under Section 11.2 (Termination for Cause), no refunds or credits for any charges or other fees or payments for Services will be provided if Client terminates participation in any Services or cancels its Account prior to the end of a Service Term.
11.5. Discontinuation of Services. Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right to suspend or terminate this Agreement and Client’s access to the Services, without notice, if (a) Client fails to pay any amount when due, or Client’s account otherwise becomes delinquent, or (b) Client violates any term of this Agreement. Client will continue to be charged for delinquent amounts during any period of suspension.
11.6. Survival. If this agreement is terminated, Sections 3 and 8-14 of the Agreement shall survive any Termination or expiration.
12. Representations and Warranties.
12.1. Mutual Representations and Warranties. Each party represents and warrants that it has full power and authority to carry out all its obligations expressed in this Agreement.
12.2. Kings Idea Connections and Outsourcing (Kings Global Fundings) Representations and Warranties. Kings Idea Connections and Outsourcing (Kings Global Fundings) represents and warrants that any integration services provided under the Agreement shall be performed by qualified and experienced personnel, and, that such services will be of kind and quality and will meet the specifications and schedules mutually agreed to by the Parties. Kings Idea Connections and Outsourcing (Kings Global Fundings) further represents and warrants that to its knowledge its Services do not and will not infringe upon or otherwise violate any third party’s intellectual property rights.
12.3. Client Representation and Warranties. Client represents and warrants that its services are suitable for integration with the Kings Idea Connections and Outsourcing (Kings Global Fundings) online marketplace. If entering into the Agreement on behalf of a company or other legal entity, Client represents that it has the authority to bind such entity to the Agreement. Client further represents and warrants that it will not use the Services to infringe upon or otherwise violate any third party’s intellectual property rights.
12.4. Disclaimer of Other Warranties. OTHER THAN AS SPECIFICALLY SET FORTH IN THE AGREEMENT, EACH PARTY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USHIP WILL NOT BE LIABLE DUE TO (I) OUTAGES CAUSED BY THE FAILURE OF PUBLIC NETWORK, THIRD-PARTY SERVICES, OR COMMUNICATIONS COMPONENTS OR (II) UNKNOWN ERRORS IN ANY ELECTRONIC FILES PROVIDED BY USHIP OR ANY THIRD PARTIES. USHIP MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF USHIP’S SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND USHIP WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, REGARDLESS OF THEIR CAUSE. USHIP SHALL HAVE NO LIABILITY OF ANY KIND TO CLIENT WITH RESPECT TO ANY MODIFICATIONS TO THE USHIP APIS OR ANY ADVERSE EFFECTS RESULTING FROM ANY MODIFICATIONS. ADDITIONALLY, USHIP SHALL NOT BE LIABLE FOR ANY UNINTENDED USE OF THE USHIP APIS BY CLIENT OR INCORRECT IMPLEMENTATION OF THE USHIP APIS BY CLIENT. CLIENT UNDERSTANDS THAT USHIP DOES NOT WARRANT THE PERFORMANCE OR RESULTS OF ANY TRANSPORTATION SERVICE PROVIDER OR BROKER. CLIENT WILL NOT BE LIABLE DUE TO (I) OUTAGES CAUSED BY THE FAILURE OF PUBLIC NETWORK OR COMMUNICATIONS COMPONENTS OR (II) UNKNOWN ERRORS IN ANY ELECTRONIC FILES PROVIDED BY CLIENT. CLIENT MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF CLIENT’S SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CLIENT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
13. Indemnification.
13.1. Indemnity. Each Party shall, at its own expense, indemnify, defend, and hold harmless the other Party, and such party’s employees, directors, officers, members, managers, representatives, agents, successors and assigns (collectively referred to as the “Indemnified Parties”) against any claim, suit, action, liabilities, costs, expenses, damages and fees (including reasonable attorney’s fees), awarded or paid in settlement of any claim, suit, action, or proceeding brought by an unaffiliated third-party against the Indemnified Parties (collectively referred to as “Claims”), arising from or relating to the Indemnifying Party’s (i) failure to comply with applicable laws and regulations; (ii) gross negligence or willful misconduct; or (iii) misrepresentation or breach of any warranty, provided, however, that (a) the Indemnified Party shall provide the Indemnifying Party with prompt notice of any Claim; (b) such claim is promptly turned over to the Indemnifying Party or its counsel for defense (with the Indemnified Party’s reasonable cooperation at the Indemnifying Party’s expense); and (c) to the extent such Claim does not result directly from the Indemnified Party’s negligence, willful misconduct, or breach of any provision of the Agreement.
14. Limitation of Liability.
EXCEPT WITH RESPECT TO EACH PARTY’S CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN CONNECTION WITH OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT. IN NO EVENT, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN AN AMOUNT GREATER THAN THE TOTAL SERVICE FEES PAID TO USHIP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE OTHER PARTY’S CLAIM FOR ANY DAMAGES. THIS LIMITATION OF EACH PARTY’S LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THE AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
NOTWITHSTANDING THE FOREGOING, NEITHER PARTY EXCLUDES OR LIMITS LIABILITY TO THE OTHER PARTY FOR: (I) FRAUD OR FRAUDULENT MISREPRESENTATION; (II) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (III) INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; AND/OR (IV) IF SUCH EXCLUSION OR LIMITATION WOULD BE IN BREACH OF ANY APPLICABLE LAW.
15. Miscellaneous.
15.1. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section.
15.2. No Dependence on Future Functionality. Client agrees that it is not entering into the Agreement contingent on the provision of any future functionality or features, or on any oral or written public comments made by Kings Idea Connections and Outsourcing (Kings Global Fundings) regarding future functionality or features. No statement or other information made or provided orally or otherwise shall be binding unless specifically set forth in the Agreement.
15.3. Assignment. Client shall not assign its rights nor delegate its duties under the Agreement without the prior written consent of Kings Idea Connections and Outsourcing (Kings Global Fundings), which shall not be unreasonably withheld. Kings Idea Connections and Outsourcing (Kings Global Fundings) may assign its rights and obligations under the Agreement to an entity that acquires all or substantially all of Kings Idea Connections and Outsourcing (Kings Global Fundings)’s business or assets, a merger partner, or a successor in business without the consent of Client. The Agreement will be binding upon and will inure to the benefit of the Parties and their respective successors and assigns.
15.4. Notices. All notices provided under the Agreement shall be made in writing by mail, return receipt requested, or e-mail. Notice given by mail shall be sent to Client at the postal address and/or email set forth on any contract/SOW, or other agreement signed by Client, and to Kings Idea Connections and Outsourcing (Kings Global Fundings) at the postal address and/or email set forth in the User Agreement. Notice given by mail will be deemed given by the earlier of actual receipt or two (2) business days after the date sent. Notice given by e-mail will be deemed given one (1) business day following the date sent if properly addressed and the sender receives delivery confirmation.
15.5. Force Majeure. Neither Party will be liable if any performance under the Agreement is interfered with by any condition beyond its reasonable control, including but not limited to strikes, lockouts, or other labor disputes, riots, governmental authorities, pandemics, epidemics, outbreaks of disease, war, embargoes, fire, earthquakes, Internet outages, failures of Internet hosting providers, power outages, or acts of God. The affected Party will be excused from such performance to the extent of such condition so long as prompt written notice of the condition is provided to the other Party.
15.6. Modifications and Waivers. No addition or modification to the Agreement is valid unless made in writing and signed by the Parties. No waiver will be implied from conduct or failure to enforce rights, nor be effective, unless in writing signed on behalf of the Party against whom the waiver is asserted. Kings Idea Connections and Outsourcing (Kings Global Fundings)’s failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement.
15.7. Non-Solicitation. Both Kings Idea Connections and Outsourcing (Kings Global Fundings) and Client agree that, during the Term and for a period of one (1) year thereafter, neither Party will, directly or indirectly, induce or solicit for hire any individual who has been directly involved with the performance or supervision of Services provided under the Agreement as an employee of the other Party, without the express written consent of the other Party; and will not seek to interfere with the working relationship between any such individual and such Party. For clarity, the foregoing shall not restrict either Party from advertising employment opportunities in any manner that does not directly target the other Party’s employees.
15.8. Independent Contractors. The Agreement does not create, and nothing contained in the Agreement will be deemed to establish a joint venture between the parties, or the relationship of employer-employee, partners, principal-agent or the like. Further, neither Party has the power to bind the other without first obtaining the other Party’s prior written consent, nor make any representation that it has any such power.
15.9. Governing Law; Venue. The Agreement will be construed in accordance with and governed by the laws of the State of Texas without reference to its conflicts of laws rules. All parties consent to exclusive and personal jurisdiction in Travis County, Texas.
15.10. Attorneys’ Fees. The prevailing Party in any litigation in connection with the Agreement will be entitled to recover from the other Party its costs and reasonable attorneys’ fees and other expenses.
15.11. Dispute Resolution, Arbitration and Waiver of Class Actions. In the event that any dispute or disagreement arises between the Parties with respect to (i) the interpretation of any provision of this Agreement, (ii) the performance of either Party under this Agreement, or (iii) any other matter related to this Agreement, upon thirty (30) days’ written request of either party, the parties will meet for the purpose of informally resolving such dispute. The parties agree to discuss the problem and negotiate in good faith without the necessity of any formal proceedings related thereto. No formal proceedings for the resolution of such dispute may be commenced until either party concludes in good faith that the applicable resolution through continued negotiation of the matter in issue does not appear likely. The parties further agree that all disputes or legal claims hereunder which cannot be settled via informal dispute resolution (any such dispute is referred to here as a "Dispute") will be settled by final and binding arbitration conducted in Austin, Texas. Any such Dispute arising out of or relating to the Agreement or Kings Idea Connections and Outsourcing (Kings Global Fundings)’s Services, (excluding legal action taken by Kings Idea Connections and Outsourcing (Kings Global Fundings) to collect our fees or recover damages for, or obtain an injunction relating to, the Kings Idea Connections and Outsourcing (Kings Global Fundings) operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, including, if necessary, the Optional Rules for Emergency Measures of Protection. The judgment on the arbitration award may be entered into any court having jurisdiction thereof. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 15.11 (DISPUTE RESOLUTION AND ARBITRATION) MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER.
15.12. Amendment. Kings Idea Connections and Outsourcing (Kings Global Fundings) may amend this MSA from time to time, in which case the new MSA will supersede prior versions. Kings Idea Connections and Outsourcing (Kings Global Fundings) will notify Client not less than thirty (30) days prior to the effective date of any such amendment and Client's continued use of the Services following the effective date of any such amendment may be relied upon by Kings Idea Connections and Outsourcing (Kings Global Fundings) as Client's consent to any such amendment.
15.13. Severability. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
15.14. Entire Agreement. The Agreement, comprised of the MSA, the User Agreement, and the Privacy Policy, constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior representations, discussions, and agreements.
STANDARD BILL OF LADING TERMS AND CONDITIONS
The following terms and conditions apply when using a standard Bill of Lading available on Kings Idea Connections and Outsourcing (Kings Global Fundings):
§ 1. (a) The carrier or party in possession of any of the
property herein described shall be liable as at common law for any
loss thereof or damage thereto or as otherwise agreed to by the
parties.
(b) No carrier or party in possession of all or
any of the property herein described shall be liable for any loss
thereof or damage thereto or delay caused by the act of God,
the public enemy, the authority of law, or the act or default of
the shipper or owner, or for natural shrinkage. Except in case of
negligence of the carrier or party in possession (and the
burden to prove freedom from such negligence shall be on
the carrier or party in possession), the carrier shall not be
liable for loss, damage, or delay occurring while the property
is stopped and held in transit upon the request of the shipper, or
resulting from a defect or vice in the property.
§ 2. (a) No carrier is bound to transport said property in
time for any particular market or otherwise than with reasonable
dispatch unless otherwise agreed to by the parties. Every carrier
shall have the right in case of physical necessity to forward said
property by any carrier or route between the point of shipment and
the point of destination.
(b) In all cases not prohibited by law, where a
lower value than actual value has been represented in writing
by the shipper or has been agreed upon in writing as the
released value of the property as determined by the liability
limitations or tariffs upon which the rate is based, such lower value
plus freight charges if paid shall be the maximum amount to be
recovered, whether or not such loss or damage occurs from
negligence.
§ 3. (a) As a condition precedent to recovery, claims
must be filed in writing with a participating carrier within nine
months after delivery of the property or in the case of failure to
make delivery within 9 months after a reasonable time for
delivery has elapsed.
(b) Suits shall be instituted against any carrier
only within two years and one day from the day when notice
in writing is given by the carrier to the claimant that the carrier
has disallowed the claim or any part or parts thereof specified in
the notice. W here claims are not filed or suits are not instituted
thereon in accordance with the foregoing provisions, no carrier
hereunder shall be liable, and such claims will not be paid.
(c) Any carrier or party liable on account of loss
of or damage to any of said property shall have the full benefit
of any insurance that may have been effected upon or on
account of said property, so far as this shall not avoid the policies
or contracts of insurance: Provided, That the carrier reimburse the
claimant for the premium paid thereon.
§ 4. (a) Property not accepted by the consignee, after
notice of the arrival of the property at destination has been duly
sent or given, may be kept subject to the tariff charge for storage
and to carrier's responsibility as warehouseman, only, or at the
option of the carrier, may be stored in a public or licensed
warehouse at the cost of the owner, and there held without liability
on the part of the carrier, and subject to a lien for all freight and
other lawful charges, including a reasonable charge for storage.
(b) Where nonperishable property is refused at
destination by the consignee or where the consignee fails to
received it within 15 days after notice of arrival shall have
been duly sent or given, the carrier may sell same at public
auction to the highest bidder, at such place as may be designated
by the carrier.
(c) Where perishable property which
has been transported to destination and the consignee or party
entitled to receive it has failed to receive it promptly, the carrier
may, in its discretion, to prevent deterioration, sell the same
to the best advantage at private or public sale.
(d) Where the procedure provided for in the two
paragraphs last preceding is not possible, it is agreed that nothing
contained in said paragraphs shall be construed to abridge the
right of the carrier at its option to sell the property under such
circumstances and in such manner as may be authorized by law.
(e) The proceeds of any sale made under this
section shall be applied by the carrier to the payment of freight,
demurrage, storage, and any other lawful charges and the expense
of notice, advertisement, sale, and other necessary expense and of
caring for and maintaining the property, if proper care of the same
requires special expense, and should there be a balance it shall be
paid to the owner of the property sold hereunder.
§ 5. No carrier hereunder will carry or be liable in any
way for any documents, specie, or for any articles of extraordinary
value not specifically rated in the published classifications or tariffs
unless a special agreement to do so and a stipulated value of the
articles are indorsed hereon.
§ 6. Every party, whether principal or agent, shipping
explosives or dangerous goods, without previous full written
disclosure to the carrier of their nature, shall be liable for and
indemnify the carrier against all loss or damage cased by such
goods, and such goods may be warehoused at owner's risk and
expense or destroyed without compensation.
§ 7. (a) The consignor or consignee shall pay the
freight and all other lawful charges accruing on said property. The
consignor shall be liable for the freight and all other lawful charges
unless the consignor stipulates, by signature, in the place provided
for that purpose on the face of the bill of lading the carrier shall not
make delivery without requiring payment of such charges and the
carrier, contrary to such stipulation, shall make delivery without
requiring such payment.
(b) Consignee becomes liable for freight charges
upon receipt unless the consignee is an agent only and has no
beneficial title in said property; and prior to delivery has notified the
delivering carrier of these facts.
(c) Nothing herein shall limit thcarrier to require at time of shipment the prepayment or guarantee of
the charges. If upon inspection it is ascertained that the articles
shipped are not those described in this bill of lading, the freight charges
must be paid upon the articles actually shipped.
§ 8. If this bill of lading is issued on the order of the
shipper, or his agent, in exchange or in substitution for another bill of
lading, the shipper's signature to the prior bill of lading as to the
statement of value or otherwise, or election of common law or bill
of lading liability, in or in connection with such prior bill of lading,
shall be considered a part of this bill of lading as fully as if the
same were written or made in or in connection with this bill of
lading.
§ 9. (a) All surface transportation provided under this
bill shall be subject to federal statute and common law otherwise
applicable to regulate interstate shipments. U.S. statutes and
regulations shall apply unless otherwise waived by signed written
agreement.
(b) If all or any part of said property is carried by
water, and the loss is carried by water and loss, damage, or injury to
said property occurs while it is in the custody of the carrier by
water, the liability of such carrier shall be determined by the
applicable bill of lading and under laws and regulations applicable
to transportation by water.
Ship with Confidence Guarantee: Terms & Conditions
Kings Idea Connections and Outsourcing (Kings Global Fundings) is committed to providing its members with a safe marketplace for finding transportation services. While all transactions, including transactions completed on the internet, can carry some degree of risk, we don't want you to have to worry about transacting on Kings Idea Connections and Outsourcing (Kings Global Fundings). We are so sure that Kings Idea Connections and Outsourcing (Kings Global Fundings) is the safest and most secure way to ship that our guarantee provides protection of up to $500* from certain types of fraud.
Guarantee Terms and Conditions:
The following are the terms and conditions applicable to this Guarantee. By using the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace, you agree that you are bound by the following terms and conditions, as well as the general Kings Idea Connections and Outsourcing (Kings Global Fundings) User Agreement. If you have any questions regarding this Agreement, please contact Kings Idea Connections and Outsourcing (Kings Global Fundings) Member Support.
To be eligible for the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you must be a member of Kings Idea Connections and Outsourcing (Kings Global Fundings) who has agreed to be bound by our general User Agreement. The "Ship with Confidence" Guarantee applies only to a shipping customer that has transacted with a Kings Idea Connections and Outsourcing (Kings Global Fundings) service provider and booked a quote through Kings Idea Connections and Outsourcing (Kings Global Fundings) that was not subsequently canceled.
All shipping customers eligible for the "Ship with Confidence" Guarantee must also have executed a written contract or agreement with the service provider prior to service being rendered, or within 30 days from the date your shipment was booked on Kings Idea Connections and Outsourcing (Kings Global Fundings), whichever date occurs first. The "Ship with Confidence" Guarantee covers certain types of fraud, but is specifically not applicable under any of the following circumstances:
Delays in transit times.
Services that are performed without a written contract or bill of lading signed by both parties.
Services performed by someone other than a Kings Idea Connections and Outsourcing (Kings Global Fundings) service provider.
Transactions in which shipping customers do not follow all of the recommendations in our Fraud Prevention Guidelines. This includes, but is not limited to, making payments via non-bank wire transfer, Western Union, MoneyGram or pre-paid debit cards.
Issues or damages primarily caused by a shipping customer with no fault of the service provider, or issues for which losses cannot be proven or quantified.
Shipments that are materially different than what is described in the shipment listing submitted on Kings Idea Connections and Outsourcing (Kings Global Fundings).
Excludes any non-refundable deposits made to service providers that were voluntarily forfeited.
Transactions in which a shipping customer does not provide accurate and truthful information to Kings Idea Connections and Outsourcing (Kings Global Fundings) regarding the dispute.
Disputes where the shipping customer has not made a reasonable effort to resolve the issue with the service provider.
Damages due to loss of time, mental anguish, etc.
Communication:
Kings Idea Connections and Outsourcing (Kings Global Fundings) has found that, in most cases, disputes over payment and service can be easily avoided or resolved through open and honest communication with your service provider. Kings Idea Connections and Outsourcing (Kings Global Fundings) will, at the request of a shipping customer or service provider, make a reasonable attempt to contact the other party and relay specific concerns related to a Kings Idea Connections and Outsourcing (Kings Global Fundings) transaction or dispute. Because all contracts are directly between the shipping customer and service provider, Kings Idea Connections and Outsourcing (Kings Global Fundings) must remain a neutral third-party. However, we will make all reasonable efforts to get the two parties to communicate to resolve the issue.
"Ship with Confidence" Payments Guarantee Submission Process:
Before submitting a claim against the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you agree to take the following steps to attempt to resolve the issue between you and your service provider:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue using the 'Problem / Cancel' button on the shipment listing in My Shipments.
Report the incident to the proper local, state or federal law enforcement agency.
File a report with the Federal Motor Carrier Safety Administration (if applicable).
File a report with the Internet Crime Complaint Center (if applicable).
If there is still no resolution, please submit all information confirming the above steps, as well as copies of all related documents including, but not limited to, original signed agreements or bills of lading, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
"Ship with Confidence" Payments Guarantee Award:
In the event that Kings Idea Connections and Outsourcing (Kings Global Fundings) determines a Shipper and Service Provider have made reasonable attempts to reach a mutually agreeable resolution and are still unable or unwilling to reach an agreement, the Shipper may be eligible for the Guarantee award payment. If all Terms & Conditions of this Guarantee are met by the Shipper, Kings Idea Connections and Outsourcing (Kings Global Fundings) may grant the Shipper compensation in an amount equal to the Shipper's actual, out-of-pocket monetary losses, with such amount not to exceed $500 USD*. The Shipper's losses, and cost of the remedy, must be determined to be reasonable by Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right, in its sole discretion, to determine the form and/or payment method of the "Ship with Confidence" Guarantee.
* Effective for transactions booked on or after September 1st, 2009.
"Ship with Confidence" Damages Guarantee Submission Process:
Before submitting a claim against the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you agree to take the following steps to attempt to resolve the issue between you and your service provider:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue by using the 'Report a Problem' button on the shipment listing in My Shipments and allow Member Support a chance to help work things out with the service provider. If there is still no resolution, please submit all information confirming the steps below, as well as copies of all related documents including, but not limited to, original signed agreements, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
Attempt to file a claim through Kings Idea Connections and Outsourcing (Kings Global Fundings) Cargo Insurance (if purchased) and the service provider’s insurance.
Send us proof of any claims that have been denied.
Send us an official estimate of losses from a licensed third party that specializes in repairing your item(s) (ie: mechanic, dealership, furniture repair service, etc.).
For damaged items:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue by using the 'Report a Problem' button on the shipment listing in My Shipments and allow Member Support a chance to help work things out with the service provider. If there is still no resolution, please submit all information confirming the steps below, as well as copies of all related documents including, but not limited to, original signed agreements, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
Take photos of the shipment at delivery.
Send us proof of delivery including a signed bill of lading.
Send us an official estimate of damages.
For stolen items:
Report the incident to the proper local, state or federal law enforcement agency.
File a report with the Federal Motor Carrier Safety Administration (if applicable).
File a report with the Internet Crime Complaint Center (if applicable).
"Ship with Confidence" Damages Guarantee Award:
In the event that Kings Idea Connections and Outsourcing (Kings Global Fundings) determines a shipping customer and service provider have made reasonable attempts to reach a mutually agreeable resolution and are still unable or unwilling to reach an agreement, the shipping customer may be eligible for a Damages Guarantee award payment. If all terms & conditions of this Guarantee are met by the shipping customer, Kings Idea Connections and Outsourcing (Kings Global Fundings) may grant the shipping customer compensation in an amount equal to the shipping customer's losses, with such amount not to exceed a total of $500 USD. The shipping customer's losses, and cost of the remedy, must be determined to be reasonable by Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right, in its sole discretion, to determine the form and/or payment method of the "Ship with Confidence" Guarantee.
Ship with Confidence Guarantee: Terms & Conditions
Kings Idea Connections and Outsourcing (Kings Global Fundings) is committed to providing its members with a safe marketplace for finding transportation services. While all transactions, including transactions completed on the internet, can carry some degree of risk, we don't want you to have to worry about transacting on Kings Idea Connections and Outsourcing (Kings Global Fundings). We are so sure that Kings Idea Connections and Outsourcing (Kings Global Fundings) is the safest and most secure way to ship that our guarantee provides protection of up to $500* from certain types of fraud.
Guarantee Terms and Conditions:
The following are the terms and conditions applicable to this Guarantee. By using the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace, you agree that you are bound by the following terms and conditions, as well as the general Kings Idea Connections and Outsourcing (Kings Global Fundings) User Agreement. If you have any questions regarding this Agreement, please contact Kings Idea Connections and Outsourcing (Kings Global Fundings) Member Support.
To be eligible for the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you must be a member of Kings Idea Connections and Outsourcing (Kings Global Fundings) who has agreed to be bound by our general User Agreement. The "Ship with Confidence" Guarantee applies only to a shipping customer that has transacted with a Kings Idea Connections and Outsourcing (Kings Global Fundings) service provider and booked a quote through Kings Idea Connections and Outsourcing (Kings Global Fundings) that was not subsequently canceled.
All shipping customers eligible for the "Ship with Confidence" Guarantee must also have executed a written contract or agreement with the service provider prior to service being rendered, or within 30 days from the date your shipment was booked on Kings Idea Connections and Outsourcing (Kings Global Fundings), whichever date occurs first. The "Ship with Confidence" Guarantee covers certain types of fraud, but is specifically not applicable under any of the following circumstances:
Delays in transit times.
Services that are performed without a written contract or bill of lading signed by both parties.
Services performed by someone other than a Kings Idea Connections and Outsourcing (Kings Global Fundings) service provider.
Transactions in which shipping customers do not follow all of the recommendations in our Fraud Prevention Guidelines. This includes, but is not limited to, making payments via non-bank wire transfer, Western Union, MoneyGram or pre-paid debit cards.
Issues or damages primarily caused by a shipping customer with no fault of the service provider, or issues for which losses cannot be proven or quantified.
Shipments that are materially different than what is described in the shipment listing submitted on Kings Idea Connections and Outsourcing (Kings Global Fundings).
Excludes any non-refundable deposits made to service providers that were voluntarily forfeited.
Transactions in which a shipping customer does not provide accurate and truthful information to Kings Idea Connections and Outsourcing (Kings Global Fundings) regarding the dispute.
Disputes where the shipping customer has not made a reasonable effort to resolve the issue with the service provider.
Damages due to loss of time, mental anguish, etc.
Communication:
Kings Idea Connections and Outsourcing (Kings Global Fundings) has found that, in most cases, disputes over payment and service can be easily avoided or resolved through open and honest communication with your service provider. Kings Idea Connections and Outsourcing (Kings Global Fundings) will, at the request of a shipping customer or service provider, make a reasonable attempt to contact the other party and relay specific concerns related to a Kings Idea Connections and Outsourcing (Kings Global Fundings) transaction or dispute. Because all contracts are directly between the shipping customer and service provider, Kings Idea Connections and Outsourcing (Kings Global Fundings) must remain a neutral third-party. However, we will make all reasonable efforts to get the two parties to communicate to resolve the issue.
"Ship with Confidence" Payments Guarantee Submission Process:
Before submitting a claim against the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you agree to take the following steps to attempt to resolve the issue between you and your service provider:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue using the 'Problem / Cancel' button on the shipment listing in My Shipments.
Report the incident to the proper local, state or federal law enforcement agency.
File a report with the Federal Motor Carrier Safety Administration (if applicable).
File a report with the Internet Crime Complaint Center (if applicable).
If there is still no resolution, please submit all information confirming the above steps, as well as copies of all related documents including, but not limited to, original signed agreements or bills of lading, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
"Ship with Confidence" Payments Guarantee Award:
In the event that Kings Idea Connections and Outsourcing (Kings Global Fundings) determines a Shipper and Service Provider have made reasonable attempts to reach a mutually agreeable resolution and are still unable or unwilling to reach an agreement, the Shipper may be eligible for the Guarantee award payment. If all Terms & Conditions of this Guarantee are met by the Shipper, Kings Idea Connections and Outsourcing (Kings Global Fundings) may grant the Shipper compensation in an amount equal to the Shipper's actual, out-of-pocket monetary losses, with such amount not to exceed $500 USD*. The Shipper's losses, and cost of the remedy, must be determined to be reasonable by Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right, in its sole discretion, to determine the form and/or payment method of the "Ship with Confidence" Guarantee.
* Effective for transactions booked on or after September 1st, 2009.
"Ship with Confidence" Damages Guarantee Submission Process:
Before submitting a claim against the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you agree to take the following steps to attempt to resolve the issue between you and your service provider:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue by using the 'Report a Problem' button on the shipment listing in My Shipments and allow Member Support a chance to help work things out with the service provider. If there is still no resolution, please submit all information confirming the steps below, as well as copies of all related documents including, but not limited to, original signed agreements, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
Attempt to file a claim through Kings Idea Connections and Outsourcing (Kings Global Fundings) Cargo Insurance (if purchased) and the service provider’s insurance.
Send us proof of any claims that have been denied.
Send us an official estimate of losses from a licensed third party that specializes in repairing your item(s) (ie: mechanic, dealership, furniture repair service, etc.).
For damaged items:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue by using the 'Report a Problem' button on the shipment listing in My Shipments and allow Member Support a chance to help work things out with the service provider. If there is still no resolution, please submit all information confirming the steps below, as well as copies of all related documents including, but not limited to, original signed agreements, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
Take photos of the shipment at delivery.
Send us proof of delivery including a signed bill of lading.
Send us an official estimate of damages.
For stolen items:
Report the incident to the proper local, state or federal law enforcement agency.
File a report with the Federal Motor Carrier Safety Administration (if applicable).
File a report with the Internet Crime Complaint Center (if applicable).
"Ship with Confidence" Damages Guarantee Award:
In the event that Kings Idea Connections and Outsourcing (Kings Global Fundings) determines a shipping customer and service provider have made reasonable attempts to reach a mutually agreeable resolution and are still unable or unwilling to reach an agreement, the shipping customer may be eligible for a Damages Guarantee award payment. If all terms & conditions of this Guarantee are met by the shipping customer, Kings Idea Connections and Outsourcing (Kings Global Fundings) may grant the shipping customer compensation in an amount equal to the shipping customer's losses, with such amount not to exceed a total of $500 USD. The shipping customer's losses, and cost of the remedy, must be determined to be reasonable by Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right, in its sole discretion, to determine the form and/or payment method of the "Ship with Confidence" Guarantee.
Ship with Confidence Guarantee: Terms & Conditions
Kings Idea Connections and Outsourcing (Kings Global Fundings) is committed to providing its members with a safe marketplace for finding transportation services. While all transactions, including transactions completed on the internet, can carry some degree of risk, we don't want you to have to worry about transacting on Kings Idea Connections and Outsourcing (Kings Global Fundings). We are so sure that Kings Idea Connections and Outsourcing (Kings Global Fundings) is the safest and most secure way to ship that our guarantee provides protection of up to $500* from certain types of fraud.
Guarantee Terms and Conditions:
The following are the terms and conditions applicable to this Guarantee. By using the Kings Idea Connections and Outsourcing (Kings Global Fundings) marketplace, you agree that you are bound by the following terms and conditions, as well as the general Kings Idea Connections and Outsourcing (Kings Global Fundings) User Agreement. If you have any questions regarding this Agreement, please contact Kings Idea Connections and Outsourcing (Kings Global Fundings) Member Support.
To be eligible for the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you must be a member of Kings Idea Connections and Outsourcing (Kings Global Fundings) who has agreed to be bound by our general User Agreement. The "Ship with Confidence" Guarantee applies only to a shipping customer that has transacted with a Kings Idea Connections and Outsourcing (Kings Global Fundings) service provider and booked a quote through Kings Idea Connections and Outsourcing (Kings Global Fundings) that was not subsequently canceled.
All shipping customers eligible for the "Ship with Confidence" Guarantee must also have executed a written contract or agreement with the service provider prior to service being rendered, or within 30 days from the date your shipment was booked on Kings Idea Connections and Outsourcing (Kings Global Fundings), whichever date occurs first. The "Ship with Confidence" Guarantee covers certain types of fraud, but is specifically not applicable under any of the following circumstances:
Delays in transit times.
Services that are performed without a written contract or bill of lading signed by both parties.
Services performed by someone other than a Kings Idea Connections and Outsourcing (Kings Global Fundings) service provider.
Transactions in which shipping customers do not follow all of the recommendations in our Fraud Prevention Guidelines. This includes, but is not limited to, making payments via non-bank wire transfer, Western Union, MoneyGram or pre-paid debit cards.
Issues or damages primarily caused by a shipping customer with no fault of the service provider, or issues for which losses cannot be proven or quantified.
Shipments that are materially different than what is described in the shipment listing submitted on Kings Idea Connections and Outsourcing (Kings Global Fundings).
Excludes any non-refundable deposits made to service providers that were voluntarily forfeited.
Transactions in which a shipping customer does not provide accurate and truthful information to Kings Idea Connections and Outsourcing (Kings Global Fundings) regarding the dispute.
Disputes where the shipping customer has not made a reasonable effort to resolve the issue with the service provider.
Damages due to loss of time, mental anguish, etc.
Communication:
Kings Idea Connections and Outsourcing (Kings Global Fundings) has found that, in most cases, disputes over payment and service can be easily avoided or resolved through open and honest communication with your service provider. Kings Idea Connections and Outsourcing (Kings Global Fundings) will, at the request of a shipping customer or service provider, make a reasonable attempt to contact the other party and relay specific concerns related to a Kings Idea Connections and Outsourcing (Kings Global Fundings) transaction or dispute. Because all contracts are directly between the shipping customer and service provider, Kings Idea Connections and Outsourcing (Kings Global Fundings) must remain a neutral third-party. However, we will make all reasonable efforts to get the two parties to communicate to resolve the issue.
"Ship with Confidence" Payments Guarantee Submission Process:
Before submitting a claim against the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you agree to take the following steps to attempt to resolve the issue between you and your service provider:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue using the 'Problem / Cancel' button on the shipment listing in My Shipments.
Report the incident to the proper local, state or federal law enforcement agency.
File a report with the Federal Motor Carrier Safety Administration (if applicable).
File a report with the Internet Crime Complaint Center (if applicable).
If there is still no resolution, please submit all information confirming the above steps, as well as copies of all related documents including, but not limited to, original signed agreements or bills of lading, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
"Ship with Confidence" Payments Guarantee Award:
In the event that Kings Idea Connections and Outsourcing (Kings Global Fundings) determines a Shipper and Service Provider have made reasonable attempts to reach a mutually agreeable resolution and are still unable or unwilling to reach an agreement, the Shipper may be eligible for the Guarantee award payment. If all Terms & Conditions of this Guarantee are met by the Shipper, Kings Idea Connections and Outsourcing (Kings Global Fundings) may grant the Shipper compensation in an amount equal to the Shipper's actual, out-of-pocket monetary losses, with such amount not to exceed $500 USD*. The Shipper's losses, and cost of the remedy, must be determined to be reasonable by Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right, in its sole discretion, to determine the form and/or payment method of the "Ship with Confidence" Guarantee.
* Effective for transactions booked on or after September 1st, 2009.
"Ship with Confidence" Damages Guarantee Submission Process:
Before submitting a claim against the Kings Idea Connections and Outsourcing (Kings Global Fundings) Guarantee, you agree to take the following steps to attempt to resolve the issue between you and your service provider:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue by using the 'Report a Problem' button on the shipment listing in My Shipments and allow Member Support a chance to help work things out with the service provider. If there is still no resolution, please submit all information confirming the steps below, as well as copies of all related documents including, but not limited to, original signed agreements, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
Attempt to file a claim through Kings Idea Connections and Outsourcing (Kings Global Fundings) Cargo Insurance (if purchased) and the service provider’s insurance.
Send us proof of any claims that have been denied.
Send us an official estimate of losses from a licensed third party that specializes in repairing your item(s) (ie: mechanic, dealership, furniture repair service, etc.).
For damaged items:
Inform Kings Idea Connections and Outsourcing (Kings Global Fundings) of the issue by using the 'Report a Problem' button on the shipment listing in My Shipments and allow Member Support a chance to help work things out with the service provider. If there is still no resolution, please submit all information confirming the steps below, as well as copies of all related documents including, but not limited to, original signed agreements, evidence of payment and method of payment, and any other relevant communication between you and the service provider.
Take photos of the shipment at delivery.
Send us proof of delivery including a signed bill of lading.
Send us an official estimate of damages.
For stolen items:
Report the incident to the proper local, state or federal law enforcement agency.
File a report with the Federal Motor Carrier Safety Administration (if applicable).
File a report with the Internet Crime Complaint Center (if applicable).
"Ship with Confidence" Damages Guarantee Award:
In the event that Kings Idea Connections and Outsourcing (Kings Global Fundings) determines a shipping customer and service provider have made reasonable attempts to reach a mutually agreeable resolution and are still unable or unwilling to reach an agreement, the shipping customer may be eligible for a Damages Guarantee award payment. If all terms & conditions of this Guarantee are met by the shipping customer, Kings Idea Connections and Outsourcing (Kings Global Fundings) may grant the shipping customer compensation in an amount equal to the shipping customer's losses, with such amount not to exceed a total of $500 USD. The shipping customer's losses, and cost of the remedy, must be determined to be reasonable by Kings Idea Connections and Outsourcing (Kings Global Fundings). Kings Idea Connections and Outsourcing (Kings Global Fundings) reserves the right, in its sole discretion, to determine the form and/or payment method of the "Ship with Confidence" Guarantee.
Trust & Safety
Help Center
Trust & Safety
Policies
Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan Terms of Service
Updated
If you purchased a shipping protection plan from Kings Idea Connections and Outsourcing (Kings Global Fundings), Inc. (“we,” “us,” or “our”) (a “Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan” or “UPP”), these Terms of Service (these “Terms”) set out the terms and conditions of your contract, effective as of the date of purchase. Shipping protection can be purchased by you, a merchant or consumer, as part of a shipment booked via our platform pursuant to an agreement with you and a shipping or transport company (each a “Service Provider”). By selecting and paying for our Protection Plan, you agree to these Terms.
The Kings Idea Connections and Outsourcing (Kings Global Fundings) Protection Plan is not insurance and is secondary to any other asset protection or insurance coverage you may carry. These Terms are for your sole benefit and are not assignable by you. These Terms are incorporated by reference into and made a part of the Kings Idea Connections and Outsourcing (Kings Global Fundings) User Agreement. In the event of a conflict between these Terms and any other agreement, these Terms shall control.
1. Shipping Protection
If your item is lost or damaged during transit as described in these Terms, we agree to reimburse you up to your Maximum Reimbursement amount (defined below) for the repair or replacement cost (including shipping and handling) of physical damage to or theft of eligible items you book for shipment via our platform, including (but not limited to):
(a) Accidents such as drops, scratches, dents, and tears;
(b) Water or fire damage, such as leaks in the vehicle or truck;
(c) Damage due to a collision of or with the Service Provider’s vehicle;
(d) Non-delivery;
(e) Service Provider negligence; and
(f) 3rd party theft during transit or while your item is in Service Provider’s control.
2. Maximum Reimbursement & Processing Fee
Your Protection Plan contract is subject to the maximum reimbursement amount (the “Maximum Reimbursement Amount”) and maximum category amounts as shown in the tables below. Item value must accurately reflect the fair market value of the item(s) and be demonstrable by proof of purchase, sales receipt, or third party appraisal. We will not be responsible for, and will not pay, any amount in excess of your applicable Maximum Reimbursement amount or true item value (as determined by us), whichever is less.
Max. Amount
Maximum Reimbursement Amount for any one vessel or conveyance per any one Protection Plan: $200,000
Category Maximums:
any one automobile, motorcycle, or boat
Up to $100,000
household goods or personal effects
Up to $50,000
artwork or antiques
Up to $25,000
mobile or smart phones and watches, laptop or tablet computers and similar devices, and computer memory modules or cards
Up to $2,500
In addition, each claimed loss or damage is subject to a Processing Fee, which will automatically be deducted from your Maximum Reimbursement at the time of payment:
Cargo Value
Cargo Type
Processing Fee
Up to $1,000
All cargo
$100
$1,001 to $10,000
Household goods, personal effects, automobiles, motorcycles, boats, artwork, antiques, used goods
$500
$1,001 to $10,000
All cargo not otherwise categorized above
$250
$10,001 or more
All cargo
$750
3. Exclusions
The following commodities are excluded from your Protection Plan and do not qualify for reimbursement under your Protection Plan: Kings Idea Connections and Outsourcing (Kings Global Fundings)’s platform or service fees, trailers, architectural models, bulk products, cash, cigarettes and other tobacco products, cotton, flowers, fresh foods, jewelry, watches, furs, live animals, negotiable papers, stamps, deeds, tickets, travelers checks, perishable commodities, pharmaceutical drugs, plants, precious stones and metals, securities, server racks (when containing computers, servers or electronic components), used engines, motors, transmissions, and other vehicle machinery (defined as any machinery or component which is used to propel an automobile, boat, personal craft, or vehicle).
4. Limitations
Your Protection Plan does not protect you from, and this contract does not apply to, loss or damage arising out of or resulting from:
(a) Improper packaging.
(b) Any accident occurring while cargo is being driven under its own power or being towed on its own wheels, except during loading and unloading and positioning by the service provider.
(c) Damages to goods caused by shipper-owned trailers.
(d) Incorrect, inaccessible, or undeliverable addresses.
(e) Loss or damage to property before or after transit.
(f) Porch piracy or theft before or after delivery to the delivery address specified within the listing.
(g) Acts of God or forces of nature, including, but not limited to, storms, fires, earthquakes, pandemic, virus, bacteria, or other pathogen, and similar natural disasters.
(h) Acts of war or terrorism including civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power;Derelict mines, torpedoes, bombs, or other derelict weapons of war.
(i) Capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition, nationalization, and the consequences thereof or any attempt thereat, whether in time of peace or war, and whether lawful or otherwise.
(j) Prohibited items or rejected items, as described in the terms and conditions of our User Agreement or the applicable Service Provider’s terms and conditions.
(k) Loss or damage after the Service Provider provides a GPS location or photographic evidence that it delivered your item to the specified address, or if it is with a neighbor or at a secure location approved by you.
(l) Transactions canceled in writing by you or by us prior to shipment.
(m) Any notices of loss or damage provided to us after the notice deadlines described in these Terms.
(n) The shipping or delivery address or shipping label being changed without written agreement of the Service Provider after the Service Provider takes possession of your item(s).
(o) Actual, suspected, or threatened fraudulent activity or other misconduct, as determined in our sole discretion.
(p) Any consequential, special, indirect, incidental, punitive, or exemplary damages, or other fines, penalties, or damages resulting from loss of income or use of property.
(q) Normal wear and tear, pre-existing conditions, recall, or violation of applicable laws.
(r) Loss or damage to items other than those items for which this contract was agreed to and paid for at the time of booking.
5. Qualification
Our Customer Operations team will determine whether a lost or damaged item qualifies for reimbursement under these Terms. To qualify for shipping protection under your Protection Plan:
(a) You must purchase a specified amount of protection with respect to each individual shipment and each item you want protected for that individual shipment;
(b) Prior to shipping, your item(s) must be provided to the Service Provider on time and undamaged, and in the event of damages, you must submit to us photos of the undamaged item(s) prior to shipping and photos of the damaged item(s) clearly depicting the area(s) exhibiting damages;
(c) You must comply with all of the terms and conditions provided by us and the Service Provider; and
(d) You must provide notice of damage or loss to us within 7 calendar days from the delivery date, or within 7 calendar days from the scheduled delivery date for non-delivery, pursuant to Section 8 (Reporting Damage) below.
6. Payment & Fees
Our Protection Plan fee is nonrefundable. If you fail to make any payment when due for any reason, we may immediately suspend or terminate your Protection Plan contract and reserve the right, at our sole discretion, to deny any reimbursement incurred or due if and when your account is suspended or terminated.
Applicable import duties, brokerage fees, Value Added Tax, Provincial Sales Tax, Harmonized Sales Tax, and Goods & Services Taxes paid are NOT covered. Purchase of our Shipping Protection is NOT mandatory for your use of our services. By declining Shipping Protection, you assume all shipment risk and agree to not hold us liable for any lost, stolen, or damaged items.
7. Term & Termination
The term of your Protection Plan contract begins on the date that Service Provider takes possession of your item and ends at the date and time of delivery (or, for non-delivery, scheduled delivery) by Service Provider. You may terminate your Protection Plan contract by either: (i) providing us with written notice of termination prior to the Service Provider taking possession of your items; or (ii) terminating your shipment in accordance with our or the Service Provider’s terms of service.
We may immediately, and without notice, terminate your Protection Plan contract in its entirety, or terminate its applicability to any specific shipped items, for your violation of these Terms. We may terminate any Protection Plan contract for convenience by providing you with written notice of termination at least seven (7) days prior to the start of your shipment.
8. Reporting Damage
Any lost item(s), damage, or non-delivery must be reported to us in writing by submitting this
shipping incident intake form (each such report or form referred to as a “Case”). Any claimed
loss, damage, or non-delivery must be reported within seven (7) days of the date of actual or
scheduled delivery, as applicable. All reported loss, damage, or non-delivery must be supported
by sufficient documentation (e.g., photos, receipts, police reports, insurance information, etc.)
which may need to be provided to us at our discretion and upon our request in order to resolve
your incident.
After submitting your Case, our Customer Operations team will review your transaction for eligibility under these Terms. The review process can take up to sixty (60) days as long as all requested documentation is received, and if your loss, damage, or non-delivery qualifies under these Terms, your reimbursement, less the Processing Fee, will be processed within seven (7) business days following approval. Kings Idea Connections and Outsourcing (Kings Global Fundings) does not have control over and therefore does not guarantee processing times of third-party financial institutions.
You may cancel or withdraw a Case at any time by notifying us in writing. In the event that you cancel or withdraw your Case after reporting damage or loss, we will treat your Case as “denied.”
Upon Case approval, in order to collect your reimbursement, you may be required to sign a General Release and Assignment Agreement, releasing Kings Idea Connections and Outsourcing (Kings Global Fundings) from any further obligations related to your Case and assigning to Kings Idea Connections and Outsourcing (Kings Global Fundings) any accrued rights of action or subrogation related to your Case. Your failure to respond to Kings Idea Connections and Outsourcing (Kings Global Fundings)’s reasonable requests, including collecting any reimbursements that go unclaimed by you, within sixty (60) days will constitute a Case forfeiture by you. If necessary, you agree to cooperate and participate as we may reasonably request to recover such loss, damage, or non-delivery.
9. Other Protection or Insurance
Our liability under these Terms is secondary to any other asset protection or insurance coverage you may carry, and the Maximum Reimbursement amount may be reduced by any amounts you recover or are owed or receive under any applicable protection or insurance. In addition, you agree to notify us promptly of any applicable protection or insurance in the event of claimed loss, damage, or non-delivery.
10. Contact Information
Questions, comments, or need help with shipping damage? Contact us here
General Terms and Conditions for Businesses and Users of Kings Idea Connections and Outsorcing(Kings Global Fundings) Platform Users
Terms of Service
Kings Idea Connections and Outsourcing (Kings Global Fundings) builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of Kings Idea Connections and Outsourcing (Kings Global Fundings), Messenger, and the other products, features, apps, services, technologies, and software we offer (the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Kings Idea Connections and Outsourcing (Kings Global Fundings) Platforms, Inc.
We don’t charge you to use Kings Idea Connections and Outsourcing (Kings Global Fundings) or the other products and services covered by these Terms, unless we state otherwise,for instance,we may charge you for hosting your organization space in or media platform to provide you space to havr outreach to other organizations to create new deal partners for your business, featuring your organization for other buisnesses to see,outsourcing for your organization,consultations and more. Instead, businesses and organizations, and other persons who are in partnership with us may pay us to feature their products and services for everyother member to see. By using our Products, you agree that we can show you ads that we think may be relevant to you and your interests. We use your personal data to help determine which personalized ads to show you in order to encourage deal closings between our network.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more about how personalized advertising under these terms works on the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products.
Our Privacy Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your settings pages of the relevant Kings Idea Connections and Outsourcing (Kings Global Fundings) Product at any time to review the privacy choices you have about how we use your data.
1. The services we provide
Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you:
Provide a personalized experience for you:
Your experience on Kings Idea Connections and Outsourcing (Kings Global Fundings) is unlike anyone else's: from the posts, stories, events, ads, and other content you see in Kings Idea Connections and Outsourcing (Kings Global Fundings) News Feed or our video platform to the Kings Idea Connections and Outsourcing (Kings Global Fundings) Pages you follow and other features you might use, such as Kings Idea Connections and Outsourcing (Kings Global Fundings) Marketplace, and search. For example, we use data about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.
Connect you with people and organizations you care about:
We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products you use. We use data to make suggestions for you and others - for example, groups to join, events to attend, Kings Idea Connections and Outsourcing (Kings Global Fundings) Pages to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on Kings Idea Connections and Outsourcing (Kings Global Fundings) to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, videos, and stories across the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products (consistent with your settings), sending messages or making voice or video calls to a friend or several people, creating events or groups, or adding content to your profile as well as showing you insights on how others engage with your content. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Kings Idea Connections and Outsourcing (Kings Global Fundings) Products.
Help you discover content, products, and services that may interest you:
We show you personalized ads, offers, and other sponsored or commercial content to help you discover content, products, and services that are offered by the many businesses and organizations that use Kings Idea Connections and Outsourcing (Kings Global Fundings) and other Kings Idea Connections and Outsourcing (Kings Global Fundings) Products. Section 2 below explains this in more detail.
Promote the safety, security, and integrity of our services, combat harmful conduct and keep our community of users safe:
People will only build community on Kings Idea Connections and Outsourcing (Kings Global Fundings) Products if they feel safe and secure. We work hard to maintain the security (including the availability, authenticity, integrity, and confidentiality) of our Products and services. We employ dedicated teams around the world, work with external service providers, partners and other relevant entities and develop advanced technical systems to detect potential misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community, including to respond to user reports of potentially violating content.
If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include - notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data across Kings Idea Connections and Outsourcing (Kings Global Fundings) Companies when we detect misuse or harmful conduct by someone using one of our Products or to help keep Kings Idea Connections and Outsourcing (Kings Global Fundings) Products, users and the community safe. For example, we share information with Kings Idea Connections and Outsourcing (Kings Global Fundings) Companies that provide financial products and services to help them promote safety, security and integrity and comply with applicable law. Kings Idea Connections and Outsourcing (Kings Global Fundings) may access, preserve, use and share any information it collects about you where it has a good faith belief it is required or permitted by law to do so. For more information, please review our Privacy Policy.
In some cases, the Oversight Board may review our decisions, subject to its terms and bylaws. Learn more here.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Kings Idea Connections and Outsourcing (Kings Global Fundings) or Instagram. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
Research ways to make our services better:
We engage in research to develop, test, and improve our Products. This includes analyzing data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services.
Provide consistent and seamless experiences across the Kings Idea Connections and Outsourcing (Kings Global Fundings) Company Products:
Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Kings Idea Connections and Outsourcing (Kings Global Fundings) Company Products that you use. For example, we use data about the people you engage with on Kings Idea Connections and Outsourcing (Kings Global Fundings) to make it easier for you to connect with them on Instagram or Messenger, and we enable you to communicate with a business you follow on Kings Idea Connections and Outsourcing (Kings Global Fundings) through Messenger.
Ensuring access to our services:
To operate our global services and enable you to connect with people around the world, we need to transfer, store and distribute content and data to our data centers, partners, service providers, vendors and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our services. This infrastructure may be owned, operated, or controlled by Kings Idea Connections and Outsourcing (Kings Global Fundings) Platforms, Inc., Kings Idea Connections and Outsourcing (Kings Global Fundings) Platforms Ireland Limited, or its affiliates.
2. How our services are funded
Instead of paying to use Kings Idea Connections and Outsourcing (Kings Global Fundings) and the other products and services we offer, by using the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products covered by these Terms, you agree that we can show you personalized ads and other commercial and sponsored content that businesses and organizations pay us to promote on and off Kings Idea Connections and Outsourcing (Kings Global Fundings) Company Products. We use your personal data, such as information about your activity and interests, to show you personalized ads and sponsored content that may be more relevant to you.
Protecting people's privacy is central to how we've designed our personalized ads system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like cycling). We then show their ad to people who we think might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Kings Idea Connections and Outsourcing (Kings Global Fundings) Products. For example, we provide general demographic and interest information to advertisers to help them better understand their audience, like the fact that women between the ages of 25 and 34 who live in Madrid and like software engineering have seen an ad. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. Learn more about how Kings Idea Connections and Outsourcing (Kings Global Fundings) ads work here.
We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Privacy Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you. Learn more.
3. Your commitments to Kings Idea Connections and Outsourcing (Kings Global Fundings) and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use Kings Idea Connections and Outsourcing (Kings Global Fundings)
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
Provide for your account the same name that you use in everyday life.
Provide accurate information about yourself.
Create only one account (your own) and use it for personal purposes.
Not share your password, give access to your Kings Idea Connections and Outsourcing (Kings Global Fundings) account to others, or transfer your account to anyone else (without our permission).
We try to make Kings Idea Connections and Outsourcing (Kings Global Fundings) broadly available to everyone, but you cannot use Kings Idea Connections and Outsourcing (Kings Global Fundings) if:
You are under 18 years old. You are a convicted sex offender.
We've previously disabled your account for violations of our Terms or the Community Standards, or other terms and policies that apply to your use of Kings Idea Connections and Outsourcing (Kings Global Fundings). If we disable your account for a violation of our Terms, the Community Standards, or other terms and policies, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion, and does not mean or imply that the disciplinary action was wrong or without cause.
You are prohibited from receiving our products, services, or software under applicable laws.
2. What you can share and do on Kings Idea Connections and Outsourcing (Kings Global Fundings) Products
We want people to use Kings Idea Connections and Outsourcing (Kings Global Fundings) Products to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything:
That violates these Terms, the Community Standards, or other terms and policies that apply to your use of our Products.
That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
That you do not own or have the necessary rights to share.
That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systemes, or Products.
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.
You may not sell, license, or purchase any data obtained from us or our services, except as provided in the Platform Terms.
You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.
We can remove or restrict access to content that is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions, as provided in Section 4.B.
If we remove content that you have shared in violation of the Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. For information on account suspension or termination, see Section 4.B below.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies, if this feature exists in your jurisdiction.
We also can remove or restrict access to content features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Kings Idea Connections and Outsourcing (Kings Global Fundings).
3. The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Kings Idea Connections and Outsourcing (Kings Global Fundings) and other Kings Idea Connections and Outsourcing (Kings Global Fundings) Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a "license") to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Kings Idea Connections and Outsourcing (Kings Global Fundings), you give us permission to store, copy, and share it with others (again, consistent with your settings) such as Kings Idea Connections and Outsourcing (Kings Global Fundings) Products or service providers that support those products and services. This license will end when your content is deleted from our systems.
You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Learn more about how to delete your account. Account deletion does not automatically delete content that you post as an admin of a page or content that you create collectively with other users, such as photos in Shared Albums which may continue to be visible to other album members.
It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. If you send content to trash, the deletion process will automatically begin in 30 days unless you chose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
where immediate deletion would restrict our ability to:
investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
protect the safety, integrity, and security of our Products, systems, services, our employees, and users, and to defend ourselves;
comply with legal obligations for the preservation of evidence, including data Kings Idea Connections and Outsourcing (Kings Global Fundings) Companies providing financial products and services preserve to comply with any record keeping obligations required by law; or
comply with a request of a judicial or administrative authority, law enforcement or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license will continue until the content has been fully deleted.
Permission to use your name, profile picture, and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture and information about actions you have taken on Kings Idea Connections and Outsourcing (Kings Global Fundings) next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Kings Idea Connections and Outsourcing (Kings Global Fundings) Page created by a brand that has paid us to display its ads on Kings Idea Connections and Outsourcing (Kings Global Fundings). Ads and content like this can be seen only by people who have your permission to see the actions you've taken on Kings Idea Connections and Outsourcing (Kings Global Fundings) Products. You can learn more about your ad settings and preferences.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Kings Idea Connections and Outsourcing (Kings Global Fundings)), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law or your conduct relates to the Kings Idea Connections and Outsourcing (Kings Global Fundings) Bug Bounty Program.
4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Products and services, and/or to comply with applicable law. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests or if the changes are required for safety and security purposes or to comply with applicable law.
We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Kings Idea Connections and Outsourcing (Kings Global Fundings) community, you can delete your account at any time.
2. Account suspension or termination
We want Kings Idea Connections and Outsourcing (Kings Global Fundings) to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine, in our discretion, that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular the Community Standards, we may suspend or permanently disable your access to Kings Idea Connections and Outsourcing (Kings Global Fundings) Company Products, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
We may disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account. Learn more about how we disable and delete accounts.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete or we disable or delete your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.
3. Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and to the extent permissible by law, we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.
4. Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products, and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, and for any claim, cause of action, or dispute that Kings Idea Connections and Outsourcing (Kings Global Fundings) files against you, you and Kings Idea Connections and Outsourcing (Kings Global Fundings) agree that any such claim, cause of action or dispute must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Kings Idea Connections and Outsourcing (Kings Global Fundings) may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.
5. Other
These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Kings Idea Connections and Outsourcing (Kings Global Fundings) Platforms, Inc. regarding your use of our Products. They supersede any prior agreements.
Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
You may designate a person (called a legacy contact) to manage your account if it is memorialized. If you enable it in your settings, only your legacy contact or a person who you have identified in a valid will or similar legal document expressing clear consent to disclose your content to that person upon death or incapacity will be able to seek limited disclosure of information from your account after it is memorialized.
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We may change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
We reserve all rights not expressly granted to you.
5. Other terms and policies that may apply to you
Community Standards: These guidelines outline our standards regarding the content you post to Kings Idea Connections and Outsourcing (Kings Global Fundings) and your activity on Kings Idea Connections and Outsourcing (Kings Global Fundings) and other Kings Idea Connections and Outsourcing (Kings Global Fundings) Products.
Commercial Terms: These terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.
Community Payment Terms: These terms apply to payments made on or through Kings Idea Connections and Outsourcing (Kings Global Fundings) Products.
Commerce Policies: These guidelines outline the policies that apply when you offer products or services for sale on Kings Idea Connections and Outsourcing (Kings Global Fundings), our B2B TV, and B2B Social media platforms.
Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on any Kings Idea Connections and Outsourcing (Kings Global Fundings) Products.
Advertising Policies: These policies apply to partners who advertise across the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products and specify what types of ad content are allowed by partners who advertise across the Kings Idea Connections and Outsourcing (Kings Global Fundings) Products.
Self-Serve Ad Terms: These terms apply when you use self-serve advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content.
Kings Idea Connections and Outsourcing (Kings Global Fundings) Pages, Groups and Events Policy: These guidelines apply if you create or administer a Kings Idea Connections and Outsourcing (Kings Global Fundings) Page, group, or event, or if you use Kings Idea Connections and Outsourcing (Kings Global Fundings) to communicate or administer a promotion.
Kings Idea Connections and Outsourcing (Kings Global Fundings) Platform Policy: These terms apply to the use of the set of APIs, SDKs, tools, plugins, code, technology, content, and services that enables others to develop functionality, retrieve data from Kings Idea Connections and Outsourcing (Kings Global Fundings) Products, or provide data to us.
Developer Payment Terms: These terms apply to developers of applications that use Kings Idea Connections and Outsourcing (Kings Global Fundings) Payments.
Kings Idea Connections and Outsourcing (Kings Global Fundings) Brand Resources: These guidelines outline the policies that apply to use of Kings Idea Connections and Outsourcing (Kings Global Fundings) trademarks, logos, and screenshots.
Recommendations Guidelines: The Kings Idea Connections and Outsourcing (Kings Global Fundings) Recommendations Guidelines and The Kings Ark TV and Social Media Platforms Recommendations Guidelines outline our standards for recommending and not recommending content.
Live Policies: These policies apply to all content broadcast to Kings Idea Connections and Outsourcing (Kings Global Fundings) Live.
Date of Last Revision: July 29 2024
