Kick Scraper Terms of Use

EFFECTIVE DATE: March 20, 2024
The following terms and conditions (these "Terms of Use") govern all use of the www.kickscraper.com website (the "Website") and all content, services, features, activities and products available at or through the Website, including but not limited to the website analysis service, the conversion service and the campaign automation service (together with all other content, services, features, activities and products available through the Website are herein referred to as the "Services"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees. The Services are owned and operated by Kick Scraper (also referred to as "we", "our" or "us"). Please read these Terms of Use carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO KICK SCRAPER PRIVACY POLICY (COLLECTIVELY, THIS "AGREEMENT"). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

1. Account Registration and Access

To register for the Services and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing Kick Scraper with the requested information including your name, email address, telephone, company name, company website, and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date. You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Kick Scraper immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.

Kick Scraper may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

2. Fees
2.1 SUBSCRIPTION TERMS

Kick Scraper offers a range of subscription plans to its Services (each, a "Plan"). Each Plan includes a specific number of total bot analysis, accurate human analytics, captcha delivery, and Scrapy Reporter reports per day.

You will select your Plan as part of your registration for the Services, which may begin with a Free Plan. Each paid subscription period for a Plan will be based on the subscription period chosen (annually or monthly).

At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Kick Scraper with email notice (sent to billing@kickscraper.com) of your intent not to renew your Plan at least thirty (30) days prior to the end of the current subscription period.

To view the specific details of your Plan, including pricing information and the end date of your subscription period, login to your account on Kick Scraper and click the "Account" page or contact us at billing@kickscraper.com.

2.2 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS

The fees for your Plan are billed in advance of each billing cycle. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services.

If you exceed your Plan's limits in any given month, you will be automatically upgraded to the next level Plan for the remainder of your subscription period. If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan, beginning with your next billing cycle.

If you desire to downgrade your Plan level prior to the end of your subscription period, please provide written notice to billing@kickscraper.com. The Plan downgrade will take effect the first billing cycle that occurs more than thirty (30) days following your notice to Kick Scraper, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Kick Scraper disclaims liability for any such loss.

Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.

Any questions involving upgrades or downgrades to your Plan can be directed to billing@kickscraper.com.

2.3 FREE PLAN

Kick Scraper offers a Free Plan with limited features. The Free Plan does not require any payment information and does not have an expiration date.

However, Kick Scraper reserves the right to modify, cancel and/or limit the Free Plan without notice at any time.

2.4 CHANGES IN FEES

We may change the fees for the Services at any time or impose additional fees or charges.

Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Plan, whether at your election or pursuant to Section 2.2(c), you will be charged at the then- current rate for such Plan.

2.5 PAYMENT OF FEES

As an express condition of your use of and access to the paid Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.

We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

We reserve the right to deactivate your access to the paid Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in USD.

2.6 CREDIT CARD PAYMENTS

All fees for your paid Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.

You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Kick Scraper if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Kick Scraper username or password).

You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.

Please check with your bank and credit card issuer for details.

2.7 ACCOUNT CANCELLATION

You may cancel your Free Plan at any time by sending an email tosupport@kickscraper.com.

Active customers on paid Plans may cancel their subscription upon a 30-day notice sent via email to support@kickscraper.com.

If your paid Plan renews within 30 days of the cancellation request, you are responsible for full payment of the following pay period. Payment for the final pay period is made at the time of the cancellation request.

If you cancel your paid Plan, you will lose all access, upon the expiration of your final paid period, to the paid Services and any data or information stored in your account (see Section 11 ("Term and Termination") for additional details).

3. Licenses

3.1 LICENSE TO KICK SCRAPER SOFTWARE

Subject to the terms and conditions of this Agreement, Kick Scraper hereby grants you a limited, revocable, non-exclusive, non-transferable and non- assignable license to (a) include the Kick Scraper-provided code (together with any fixes, updates and upgrades provided to you, the "Kick Scraper Script") in the HTML code for web page(s) that are properly registered for the Services and owned or operated by you, solely for the purposes of accessing and providing information to the Services and accessing information available from the Services with respect to such web page(s); and (b) remotely access the Services to view and download your reports stored on the Kick Scraper Website, located at www.kickscraper.com.

Except as expressly set forth herein, you shall not (x) use, reproduce, modify, or create derivative works of the Kick Scraper Script, or (y) transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the Kick Scraper Script or the Services.

3.2 LICENSE TO CLIENT DATA

As between you and Kick Scraper, you shall retain ownership of any information, data and statistics that Kick Scraper obtains from your website, such as raw data and log files generated by and/or provided to the Services. You hereby grant to Kick Scraper a royalty-free, non-exclusive, irrevocable, right and license to access your registered web page(s) and to access and log (a) any information concerning users' actions, entries, or activities on your web page(s), (b) any information sent to you by users' web browsers concerning users' web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or (c) any data or other information you provide to Kick Scraper (collectively "Client Data") for the purposes of (i) providing you with reports and other functions related to the Services; (ii) analyzing and improving the Services; and/or (iii) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, Kick Scraper' marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.

You represent and warrant that you have all rights, licenses, and consents required to license Client Data to Kick Scraper on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.

3.3 LICENSE TO MATERIAL WHICH YOU POST

By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material ("Material") to the Kick Scraper Blog, you hereby grant Kick Scraper an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.

4. Privacy

Kick Scraper's Privacy Policy is incorporated into this Agreement by this reference and is available at https://www.kickscraper.com/privacy/ As used in this section, "Personally Identifiable Information" refers to information that can be used to personally identify a unique individual, such as name, address and phone number.

4.1 YOUR OBLIGATIONS WITH RESPECT TO COOKIES USED BY THE KICK SCRAPER SCRIPT ON VISITORS TO YOUR WEBSITE

The Kick Scraper Script may store cookies on computers used by those who visit your website ("Visitor(s)"). These cookies contain values that allow Kick Scraper to detect if the Visitor is a returning Visitor or a first-time Visitor to your web page(s), when the Visitor last visited the web page(s), and, if you are conducting A/B testing, what test group the Visitor is in. Unless you direct us to do so, such as by associating an identity with the Visitor, no Personally Identifiable Information relating to the Visitor is stored within these cookies. By using the Kick Scraper Script implementing the use of such cookies, you represent and warrant that: (a) you will comply with all applicable laws relating to the placement of such cookies on Visitors' computers, including Directive 2009/136/EC of the European Parliament ("the Cookie Directive") where it applies; (b) you have posted (or you will post) a privacy policy on each website on which you use the Services, which clearly and conspicuously discloses the use of such cookies and (c) you have obtained all required consents and authorizations from your website Visitors relating to the use of such cookies.

4.2 YOUR OBLIGATIONS WITH RESPECT TO VISITOR INFORMATION

The Services allow you to link anonymous data regarding your Visitors' activities and actions on your web page(s) with Personally Identifiable Information that you have collected regarding the Visitor. You shall be solely responsible for the consequences of using, disclosing, or transmitting such Visitor data, including Personally Identifiable Information.

You represent and warrant that:

you will comply with all applicable laws, including, but not limited to, those followed regarding the transfer of Personally Identifiable Information from the European Economic Area and/or Switzerland to the United States under the U.S. – EU Privacy Shield framework and U.S. – Swiss Safe Harbor, respectively, relating to the collection, use and disclosure of Visitor data, including Personally Identifiable Information, to Kick Scraper;

you will provide all required notifications and obtain all required consents and authorizations from your website Visitors to permit Kick Scraper to collect, obtain and/or use Visitor data, including Personally Identifiable Information, relating to Visitor use of your website, for the purposes of providing the Services;

you will not use the Services to collect or analyze sensitive Personally Identifiable Information (e.g. personal health information, political opinions, religious or philosophical beliefs);

you have posted (or you will post) a privacy policy on each website on which you use the Services, which contains a link to Kick Scraper' Privacy Policy and clearly and conspicuously states that:

you use third-party service providers to provide certain analytics and user interactions services to you in connection with your operation of such website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to such website;

Visitors may opt-out of this analytics and user interactions service by using Kick Scraper Opt-Out feature.

you may disclose Visitor data, including Personally Identifiable Information, to certain such third-party services providers in order to obtain such services.

4.3 SECURITY

Your Kick Scraper account is protected by a username and password, and should be accessed only by you or authorized third parties. You should take steps to protect against unauthorized access to or use of your username and password. You should also remember to log off when using any shared computer or device.

Kick Scraper has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data.

However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to Kick Scraper, information we compile on your behalf, and/or information that we collect about you. Kick Scraper cannot guarantee the security of such information and is not responsible for unauthorized access to your account or Client Data.

4.4 KICK SCRAPER LIMITS ACCESS TO YOUR INFORMATION

Kick Scraper will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of Kick Scraper; (c) enforce our agreements with clients and/or visitors to our Website; (d) troubleshoot problems with the Services; or (e) create aggregate reports as set forth below.

4.5 AGGREGATE REPORTS

Kick Scraper reserves the right to aggregate certain categories of Client Data (such as internet browser usage and screen resolution) across some or all of the websites using the Services for the purposes set forth in Section 3.2 ("License to Client Data").

4.6 SERVICES NOT AVAILABLE FOR WEBSITES DIRECTED TO CHILDREN

You may not use the Services in connection with (a) any website or portion of a website labeled or described as a "Kid's" or "Children's" website; (b) any website or portion of a website directed at individuals under the age of 13; or (c) any website or portion of a website that you have reason to know is used primarily by individuals under the age of 13.

5. Proprietary Rights; Restrictions on Use

5.1 CONTENT ON THE WEBSITE

Any opinions expressed by the contributors, authors and moderators who post content to the Website are the personal opinions of the authors, not of Kick Scraper, whether or not the authors are employees or contractors of Kick Scraper. The Website and all materials published and/or distributed on or through the Website (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) are provided for informational and entertainment purposes only and are not meant to be an endorsement or representation by Kick Scraper or any other party.

5.2 KICK SCRAPER' EXCLUSIVE RIGHT TO MANAGE MATERIAL

You acknowledge that any Material you post, upload, or submit to the Kick Scraper Blog may be edited, removed, deleted, modified, published, transmitted, and displayed by Kick Scraper in its sole discretion and without your permission and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any Material from the Kick Scraper Blog at any time, for any reason or for no reason at all. However, Kick Scraper shall not be responsible for controlling or editing any Material and Kick Scraper cannot ensure removal of inappropriate or unlawful Material. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Material or for any failure to do so.

5.3 Reservations

Except for the limited licenses expressly granted herein, Kick Scraper expressly reserves all right, title and interest in and to the Kick Scraper Script, content on the Kick Scraper Website, aggregate data and general trend reports described in sections 3.2(c)(iii) and 4.5, and all processing, analytics, and other software and technology used by Kick Scraper in the analysis of your website and/or the provision of the Services ("Kick Scraper Technology and Service"), including, without limitation, any derivatives, improvements, enhancements or extensions of the Kick Scraper Technology and Service conceived, reduced to practice or otherwise developed on or on behalf of Kick Scraper, all of which are valuable assets of Kick Scraper, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

5.4 Restrictions on Use and Compliance

You shall not Use, or allow the use of, the Kick Scraper Technology and Service, except pursuant to the limited rights expressly granted in this Agreement;

Use the Kick Scraper Technology and Service in any manner that is inconsistent with user documentation, if any, supplied to you by Kick Scraper or inconsistent with Kick Scraper's standard security procedures, if any, accessible through your user interface;

Attempt to reverse engineer, hack into, or compromise any aspect of the Kick Scraper Technology and Service, or attempt to access data or account information of any other customer of Kick Scraper;

Remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Kick Scraper;

Use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Kick Scraper Technology and Service;

Use the Kick Scraper Technology and Services for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, or for contemplated litigation, scholarship, or any other unintended purpose;

Post or transmit any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program;

Post or transmit any message, data, image or program that would violate any property rights of others using the Services or on the Kick Scraper Blog;

Upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; or Use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others.

Run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited.

Use the Services to send "spam" [or use lists of email addresses purchased and/or rented from third parties].

You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, or anti-spam.

5.5 Use of Messages and Emails

In addition to the restrictions on use and compliance set forth in Section 5.4, if you use the Services to send Messages and/or Emails, you understand, represent and warrant that (1) your Messages and/or Emails will comply with the requirements of the US CAN-SPAM Act (the "Act"), (2) you will be the sole or designated "sender" (as such term is defined in the Act) of each Message and/or Email sent using the Service, (3) you will be solely responsible for all monetary penalties and other liabilities, and Kick Scraper will have no liability, for Messages and/or Emails sent through the Services that do not comply with and are in violation of the Act, and (4) you have fully read and reviewed the Act to understand its requirements which include, in general, the following for each

Message and/or Email you send using the Services:

You will not use false or misleading header information and the "from" line of any Message and/or Email sent using the Service will accurately and in a non- deceptive manner identify your organization, your product or your service. You will not use deceptive or misleading subject lines in any Message and/or Email sent using the Service regarding the overall subject matter of the Message and/or Email.

You will identify the Message and/or Email as an advertisement.

You will provide your contact information inside every Message and/or Email that you send, including a valid and current physical mailing address or PO Box where you can receive mail.

You will provide a clear and conspicuous explanation to each recipient of a Message and/or Email regarding how recipients can opt out of or unsubscribe to receiving your message and you will provide a link to opt-out of or unsubscribe to all Message and/or Email you send. Such link must remain operational for a period of thirty (30) days after the date on which you send the Message and/or Email and must be in form and substance satisfactory to Kick Scraper.

You will honor all opt-out or unsubscribe requests promptly and in no event more than ten (10) business days of submission by a recipient.

You will ensure that all Message and/or Emails fully comply with the Act.

You further understand and agree that, if you use the Services to send Messages and/or Emails to recipients outside of the United States, (A) you will review and comply with the anti-spam laws of the countries each recipient lives in, and (B) you will be solely responsible for all monetary penalties and other liabilities, and Kick Scraper will have no liability, for Messages and/or Emails sent through the Services that do not comply with and are in violation of such countries anti-spam laws.

6. Indemnification

You agree to indemnify, hold harmless and (only if requested by Kick Scraper) defend Kick Scraper, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against Kick Scraper or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Kick Scraper or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of this Agreement, (b) your use of the Services, (c) your unauthorized use of the Kick Scraper Script, and (d) your disclosure of any Visitor data, including any Personally Identifiable Information, to Kick Scraper. In such instances, Kick Scraper will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to Kick Scraper within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. Kick Scraper reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. Representations and Warranties

You represent and warrant to Kick Scraper that you (a) own all right, title and interest in and to the URLs of your website; (b) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (c) have obtained all necessary consent(s) from Visitors required to enable the Services.

Kick Scraper does not represent or warrant that (w) the Services will be error- free or accessible at particular times, (x) defects will be corrected, (y) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (z) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.

EMAIL DELIVERABILITY. It is understood that Kick Scraper makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available. Kick Scraper makes every reasonable attempt to make sure that all Emails sent through our servers follow email standards and you understand and agree that we cannot guarantee that messages will look consistent across all email platforms due to the number of different HTML composition tools available.
You specifically agree that Kick Scraper shall not be responsible for unauthorized access to or alteration of your data.

8. Disclaimers and Limitations on Liability

8.1 GENERAL DISCLAIMERS

The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Kick Scraper and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.
The Services may contain links to third party websites ("Third Party Websites"). Access to Third Party Websites is at your own risk and Kick Scraper is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites that you access from the Services. The Third Party Websites are not under the control of Kick Scraper and as such, Kick Scraper is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. Kick Scraper provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

8.2 DISCLAIMERS OF WARRANTIES

THE SERVICES, THE KICK SCRAPER TECHNOLOGY AND SERVICE, THE KICK SCRAPER SCRIPT AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY KICK SCRAPER EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE KICK SCRAPER SCRIPT, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. KICK SCRAPER DOES NOT WARRANT THAT THE SERVICES, THE KICK SCRAPER SCRIPT OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

8.3 LIMITATIONS ON LIABILITY

KICK SCRAPER AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF KICK SCRAPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL KICK SCRAPER' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO KICK SCRAPER FOR USE OF THE SERVICES DURING THE SIX MONTHS PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY.

9. SERVICE FAILURES

Kick Scraper does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to Kick Scraper' equipment or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond Kick Scraper' control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Kick Scraper or your servers are located or co-located. 10. U.S. Government Rights If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense ("DOD") acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.

11. Term and Termination

11.1 GENERAL

Kick Scraper may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason.

11.2 TERMINATION OF THE SERVICES

To terminate your use of the Services, please follow the steps described in Section 2.7 ("Account Cancellation").

Upon any termination of the Services (a) Kick Scraper will cease providing the Services; (b) you will delete all copies of the Kick Scraper Script from your web page(s); (c) any outstanding balance payable by you to Kick Scraper will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (d) you will not be entitled to any refunds of any usage fees or any other fees; and (e) all of your historical report data will no longer be available to you through Kick Scraper.

12. Modifications to this Agreements and Other Policies

Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (a) by obtaining our written consent in an agreement signed by an officer of Kick Scraper; or (b) as set forth below in the immediately following paragraph.

You agree that Kick Scraper may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by (x) posting a notice on the Kick Scraper Website for 30 days following any revisions or modifications to this Agreement, (y) posting a notice on the Kick Scraper Website the first time that you visit the Website following such revisions or modifications or, (z) providing direct notice of such changes in a communication to your customer account. By continuing to use the Services following receipt of such notice, you consent to the revised or modified terms of this Agreement.

13. Miscellaneous; Arbitration, Choice of Law, and Venue

13.1 EXCUSE

Kick Scraper shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.

13.2 SEVERABILITY AND WAIVER

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

13.3 ENTIRE AGREEMENT

This Agreement (including any amendment thereto), together with the Privacy Policy, represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties.

13.4 AGREEMENT TO ARBITRATE

Certain portions of this Section 13.4 are deemed to be a "written agreement for arbitration" pursuant to Portuguese law. You and Kick Scraper agree that we intend that this Section 13.4 satisfies the legal requirements of Portuguese law regarding arbitration agreements.

If any controversy, allegation, or claim arises out of or relates to the Services, the Website, your Plan, or this Agreement, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a "Dispute"), then either you or Kick Scraper may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules. If an in-person arbitration hearing is required, then it will be conducted in Lisbon, Portugal; but if the applicable arbitration rules or laws require the arbitration to be conducted in the location where you are a resident at the time the Dispute is submitted to arbitration, Kick Scraper shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Kick Scraper will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Kick Scraper to pay a greater portion or all of such fees and costs in order for this Section 13.4 to be enforceable, then Kick Scraper will have the right to elect to pay the fees and costs and proceed to arbitration. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys' fees). However, WITH ARBITRATION (a) THERE IS NO JUDGE OR JURY, (b) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (c) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

13.5 INJUNCTIVE RELIEF

The foregoing provisions of this Section 13.4 will not apply to any (a) legal action taken by you or Kick Scraper to seek an injunction or other equitable relief or (b) controversy, allegation or claim that arises out of relates to your or Kick Scraper' actual or alleged intellectual property rights.

13.6 CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed under the laws of Portugal without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Portuguese law, rules, and regulations, Portuguese law, rules and regulations shall prevail and govern.
Except to the extent that arbitration is elected in accordance with Section 13.4 above, any action or proceeding relating to a Dispute may only be instituted in court in Portugal. Accordingly, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Portugal. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Kick Scraper Script and Kick Scraper Technology and Service are controlled by Portuguese Export Regulations, and may not be exported to or used by embargoed countries or individuals.

13.7 NOTICES

Kick Scraper may deliver notice to you under this Agreement by (a) means of electronic mail, (b) posting a notice on the Kick Scraper Website, (c) a communication to your Kick Scraper account, or by (d) written communication delivered by first class mail to your address on record.

Unless otherwise specified, any notices to Kick Scraper must be sent to:

Kick Scraper Av. Rainha Dona Leonor 25 1600-683 Lisboa, Portugal
support@kickscraper.com
via email or first class mail, air mail, or overnight courier, and are deemed given upon receipt.

13.8 TRANSFER OR RIGHTS

You may not assign or otherwise transfer any of your rights hereunder without Kick Scraper`‘` prior written consent, and any such attempt is void. The relationship between Kick Scraper and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

13.9 HEADINGS

The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.

14. Special Admonitions for International Use

Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Portugal or the country in which you operate or reside and to comply