Terms and Conditions

Terms and Conditions

By visiting this website, or signing up for a plan, you agree to our terms of service and privacy policy. Effective 6/1/2021.

OVERVIEW

This website is operated by KShift Inc doing business as AssetLab, AssetLab Marketing, and Butterflyly. Throughout the site, the terms “we”, “us”, “our” and “AssetLab” and other DBA names refer to KShift Inc. AssetLab offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” or “Website” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – YOUR WEBSITE AND ACCOUNT

By signing up and creating a website on our Service, you are held responsible for maintaining the security of your account, website and information as well as responsible for any activities that occur within your account in connection with your website. You may not commit fraud by stating that you or your business are/is something it’s not, nor add information or listings that are inaccurate. We maintain the right to change and remove any information that it considers inappropriate, unlawful, or inaccurate at our sole discretion. It is your responsibility to notify us about any unauthorized use of your account or website. We are not liable for any acts or omissions by You, including any damages of any kind that have incurred as a result of these acts or omissions.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) with 30 days notice given at any time via these Terms of Service or other pages for users.

We shall not be liable to you or to any third-party for any modification, price change, suspension, unavailability, or discontinuance of the Service.

SECTION 5 – YOUR RESPONSIBILITY AND THOSE OF CONTRIBUTORS

By operating a listing, Website, commenting, posting material, post links on the Website, or otherwise make (or allow a third party to commit these actions) material available by means of the Website (any such material, “Content”), You are completely responsible for the Material and any harm that may result from it. By making any Content (text, graphic, audio, visual, software) available, you represent and warrant that:

  1. using, downloading or copying this Content does not infringe the proprietary rights including, but not limited to the copyright, patent, trademark or trade secret rights of any third party;
  2. if your employers obtains the rights to intellectual property that you create, you must either have received permission from your employer to post or make this Content available;
  3. you have have fully complied with any and all third-party licenses related to the Content, and have done all things required to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or any other harmful or destructive content;
  5. the Content is not spam, is not machine-generated, and doesn’t contain unethical or unwanted commercial content that is designed to drive traffic to third party websites or increase search engine rankings of third party websites, or to further unlawful acts (ie. phishing) or mislead recipients as to the source of the Content (ie. spoofing);
  6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity of any third party;
  7. your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
  8. your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
  9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Restaurant Den or otherwise.

By submitting Content to us for inclusion on your listing or Website, you grant us a world-wide, royalty-free, and non-exclusive, perpetual license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your site. You also grant us the same ability to name you as a client or customer and to present Content as examples of our work even after ending Service with us. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel orders purchased per person. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You agree to provide the necessary account access or permissions to 3rd Party systems for our use as needed, in our judgement, to provide our services to you. We agree to take reasonable, industry standard steps to safeguard all information you provide.

SECTION 7 – PAYMENT AND RENEWAL

  1. General Terms. Paid services are available on the Website. By selecting a paid service you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid service and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable. Full fees are due for any partial month of service.
  2. Automatic Renewal. Unless you notify us 7 days before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time by notifying customer support. We are under no obligation to cancel service if we receive a request after the automatic renewal date. We may, at our discretion, choose to accept a cancellation request and charge a cancellation fee as recourse for the breach of contract up to the total amount remaining on the subscription period.
  3. Adding and Removing Services on One Account. At additional cost, customers can add multiple websites associated under their single membership with us. The cost of membership is charged on a per website basis. Customers may be charged once per month for ALL websites that have been added to their account at our discretion. When a website is added or removed from a customer’s account, the service charge may be pro-rated accordingly and reflected on the next charge.
  4. Hourly Rate. Some Services are billed hourly. In such cases billed time is rounded up to the nearest 1/10 hour. Sales receipts and payments will be processed at least monthly. We bill for travel time and meetings outside of any previously agreed scope.
  5. Chargebacks. In the event a chargeback is submitted against a payment processed as part of your Services a Chargeback Fee of $100 will be assessed, regardless of the validity of the Chargeback. This fee covers our expenses to properly respond to a chargeback inquiry from the payment processor.
  6. Late Payments. In the event you fail to pay for your services by the due date the balance due will be considered overdue. Overdue balances result in a $25 fee per month and are billed on the next successful payment date. Accounts with an Overdue balance may be canceled without notice and at our discretion as they represent a breach of this contract. Payments will be applied to fees before they are applied to any outstanding balance.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – RESPONSIBILITY OF WEBSITE VISITORS

We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

SECTION 10 – COPYRIGHT INFRINGEMENT AND DMCA POLICY

We ask that others respect our intellectual property rights, and we respect the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with Digital Millennium Copyright Act. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of us or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us. We may also charge a $25 fee to any listing or website manager for each work that is removed for infringement.

SECTION 11 – INTELLECTUAL PROPERTY

This Agreement does not transfer from us to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Our company, our marks, and all other trademarks, service marks, graphics and logos used in connection with the Website and our company are owned by us. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third-party trademarks.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – DOMAIN NAMES AND EMAIL ADDRESSES

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

You agree that the sole registered owner of the domain name will be KShift Inc or it’s delegate or designee. You agree that we are not obligated to transfer ownership of the domain to you, but that we may choose to at our sole discretion and that there may be a fee of up to $100 charged for this transfer of ownership.

Should you register one or more email addresses you agree that there is no warranty as to the availability of the email service or the ability to send email using the service. You agree that you will stay within the usage limits of the email offering and that reasonable fees will be added for any overage amount. You agree that you will not send spam messages using the email address. You agree that email deliverability is your responsibility and that we may charge a fee to assist with improving deliverability. You agree that we are under no obligation to transfer data to any other party for the purpose of changing email providers.

SECTION 14 – ADVERTISEMENTS

We reserves the right to display a link to a website owned by us at the bottom of your listing, website and/or in a content article on your website detailing our Service. We are the owner of such content and you are not permitted to change or remove this content from the website. Advertisements may be shown on listings or Websites at our sole discretion.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may contact us to request cancellation of your account. Notwithstanding the foregoing, such account can only be terminated by us if you materially breach this Agreement and fail to cure such breach within thirty (30) days from our notice to you thereof; provided that, we can terminate the Website immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 18 – ONLINE ORDERING

Online ordering and registration is provided in partnership with a 3rd party. We are not to be held responsible for any service downtime of the system that is out of our control.

SECTION 19 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – GDPR & ADA COMPLIANCE

We will not be held responsible for any penalties or fines that you, or your content, listing, or website, receive for not being compliant with GDPR, ADA , or other specific law or regulation. This applies especially to services that aim to improve GDRP or ADA compliance. It is up to you, and we suggest you consult a lawyer, to determine what changes need to be made to your website to ensure that you are compliant with local and worldwide regulations.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of King County, Washington State, United States of America.

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes, particularly before any renewal dates. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].