KREATIVE LLC ("KREATIVE") provides ecommerce and Online marketing services that enable small, medium and large ecommerce merchants ("KREATIVE Client(s)") to leverage the power of the Web to attract targeted shoppers ("Buyers") in order to maximize return on investment. KREATIVE takes any and all actions necessary to inform Users, including KREATIVE Clients and Buyers about these Website Terms of Use. The following Terms Of Use are enforced for any KREATIVE website User. Use of terms such as "we" and "our" refers to KREATIVE, our Clients, affiliates. partners and all other subsidiaries under the KREATIVE umbrella including any organization that may acquire or merge with KREATIVE in the future. Use of terms such as "our website," "this website" or "site" refers to either the KREATIVE website or KREATIVE Client websites.
This Terms Of Use Policy describes KREATIVE's rules for using this website. These Terms of Use constitute a legally binding agreement between the individual using this website (the "User(s)") and KREATIVE. If you are the User assisting another person with this website these Terms of Use constitute a legally binding agreement between both Users and KREATIVE. By visiting the KREATIVE website you agree to be bound by the Website Terms Of Use Policy. If you do not agree with the terms and conditions set forth below, please refrain from using or accessing any KREATIVE website or service. By accepting the Website Terms Of Use Policy, you agree to the most recent Terms of Use. KREATIVE may change these Terms of Use at any time, without notice, and such changes will be posted on this Terms Of Use Policy. KREATIVE encourages Users you to review these Terms of Use each time upon visiting the KREATIVE website.
The performance of the KREATIVE website and all information contained within, downloaded or accessed from the website are provided to you on an "as is" basis, without warranties or guarantees of any kind whatsoever, including, but not limited to, any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. We reserve the right to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to Users.
As a KREATIVE website User, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall KREATIVE nor any of our partners, affiliates or related subsidiaries, nor any individual involved in the creation, production, or distribution of this website warrant that the functions contained within or on will be uninterrupted or error free, that errors will be corrected, or that this website or the server(s) that make them available are free of viruses or other harmful components. Affiliates and related subsidiaries can include, but are not limited to, employees, data providers, our friends, allies or other partners. In no way will KREATIVE be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising from the use or the performance of this website.
KREATIVE WILL NOT BE/IS NOT LIABLE FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE KREATIVE WEBSITE OR THE SERVICES, RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE KREATIVE WEBSITE.
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF KREATIVE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless KREATIVE, its partners, affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services, the KREATIVE website, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any individual or entity. The Terms of Use will inure to the benefit of KREATIVE's successors, assignees and licensees.
If any provision of these Website Terms Of Use are found to be invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Website Terms Of Use shall continue in full force and effect. No waiver of any provision of these Website Terms Of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Website Terms. These Terms Of Use shall be governed by and construed in accordance with the laws of the State of Washington and the laws of the United States of America.
Please take the time to review our additional company policies:
By using the KREATIVE website, you agree that you have read and that you adequately comprehend all company policies, including the Privacy Policy and these Website Terms of Use.