Last updated: August 22, 2023
Kick Point Inc. (“Kick Point”, “us”, “we”, or “our”) provides our training educational materials, access to our user community, and related service to you through our website located at https://kpplaybook.com/ and related services (together, the “Service”) subject to the following Terms and Conditions (“Terms”, “Terms and Conditions”) as may be amended from time to time.
Please read these Terms and Conditions carefully.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.
Changes
We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Service user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer permitted to access the Service.
One-Time Orders
Some parts of the Service may be billed on a one-time basis (“One-Time Order(s)”). You will be billed on the date upon which you submit your order with such amount due and owed immediately.
Subscriptions
Some parts of the Service may be billed on a subscription basis (“Subscription(s)”). You will be billed seven (7) days after your order confirmation on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, quarterly, or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the pricing, terms, and conditions in effect at that time unless Kick Point cancels your Subscription or you cancel it prior to the next Billing Cycle coming into effect.
You may cancel your Subscription renewal either through your online account management page or by contacting Kick Point customer support team.
Payment Method
We use Stripe, Inc. to accept your payments. As a data processor acting on our behalf, Stripe, Inc. collects personal data information, including your name, email address, billing address, shipping address, payment method information (such as credit or debit card number, bank account information, or payment card image selected by you), merchant and location, purchase amount, date of purchase, and in some cases, some information about what you have purchased and your telephone number and past purchases. For more information on the privacy practices and terms and conditions of Stripe, Inc., please visit https://stripe.com/en-ca/privacy.
Kick Point requires you to provide a valid payment method, verified by Stripe, Inc., to process the payment for your One-Time Orders or Subscriptions. You shall provide Stripe, Inc. with accurate and complete billing information. By submitting such payment information to Stripe, Inc., you automatically authorize Kick Point to charge the One-Time Order fees or Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Kick Point will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Overdue invoices will accrue interest at the rate of 12% per annum, or at the highest legal interest rate, if less. Kick Point reserves the right (in addition to any other rights Kick Point may have) to discontinue or suspend your access to the Service if any invoices are more than thirty (30) days overdue, until such amounts (and any other unpaid fees) are paid in full.
You are responsible for maintaining complete, accurate, and up-to-date billing and contact information at all times.
Fee Changes to Subscriptions
Kick Point, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Refund requests for One-Time Orders or Subscriptions may be considered by Kick Point on a case-by-case basis and granted in sole discretion of Kick Point. “Serial refunders”—individuals who sign up with different email accounts and request refunds for each—will be permanently banned.
Accounts
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer or account. You agree to accept responsibility for any and all activities or actions that occur under your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
Account Sharing and Reselling Prohibited
Each account is intended for the personal and exclusive use of the registered individual only. You are expressly prohibited from sharing, distributing, or otherwise making your account information available to any other individual, whether for free or for payment. We reserve the right to monitor account usage for signs of unauthorized sharing or resale. If we reasonably suspect that your account is being shared or resold, we may suspend or terminate your account without notice to you and without refund, and we may commence legal proceedings against you.
We have team plans available, and every user should be signed up for their own plan.
Intellectual Property
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Kick Point, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or its content, in whole or in part. In connection with your use of the Service, you shall not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Kick Point, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, and you agree not to sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Kick Point.
The Kick Point name and all other logos, marks, and identifiers are trademarks and service marks of Kick Point (collectively the “Kick Point Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kick Point. Nothing in these Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Kick Point Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Kick Point Trademarks will inure to our exclusive benefit.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Kick Point.
Kick Point has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Kick Point shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
User-Generated Content
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) that you upload, post, publish, or display or email or otherwise transmit or use via the Service. Kick Point reserves the right to investigate and take appropriate legal action against anyone who, in Kick Point’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators, and reporting you to the law authorities. You agree to abide by Kick Point’s policies on user participation within its user community, as may be communicated by Kick Point to you from time to time.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You may terminate your account either through your online account management page or by contacting Kick Point customer support team.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless Kick Point and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor and his own client fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.
Limitation of Liability
In no event shall Kick Point, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Kick Point, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, be secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of Alberta (Canada), without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and they supersede and replace any prior agreements we might have had between us regarding the Service.
Privacy
The current version of our Privacy Policy can be accessed online at https://kpplaybook.com/privacy-policy/ and is subject to change from time to time. Our Privacy Policy governs our collection, use, and disclosure of your personal information and is hereby incorporated into these Terms and Conditions. Your personal information collected by us include (a) your name, and (b) your email address.
You consent to the collection and use of your personal information for the purpose of administering these Terms and Conditions, facilitating One-Time Orders and Subscription purchases with you, verifying your identity, and to contact and communicate with you.
You consent to our disclosure of your personal information for the purposes set out in our Privacy Policy.
You acknowledge that Kick Point uses service providers outside of Canada to collect and store your personal information for and on our behalf. You may direct any requests for written information about Kick Point’s policies and practices with respect to service providers outside of Canada, as well as any questions or requests you may have regarding our privacy policies, to:
Dana DiTomaso
Kick Point Inc.
780-628-2186
dana@kickpoint.ca
Questions? Concerns? Suggestions?
Please contact us at playbook@kickpoint.ca to report any violations of these Terms or to pose any questions regarding these Terms or the Service.