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Terms of Service

Community Guidelines

The KickItBack website is provided to you by Auctiva Corporation. Auctiva and its affiliates provide their services to you subject to the following notices, terms, and conditions. In addition, when you use any KickItBack or affiliate service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. Auctiva reserves the right to modify these notices, terms, and conditions from time to time. Your use of the KickItBack site constitutes your agreement to all such terms, conditions, and notices.

Legal Notices

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Auctiva or its content suppliers and protected by US and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Auctiva and protected by US and international copyright laws. All software used on this site is the property of Auctiva or its software suppliers and protected by US and international copyright laws. The content and software on this site may be used as a selling and selling management resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Trademarks

KickItBack, KickItBack.com and the KickItBack logo, are trademarks of Auctiva Corporation, in the United States and other countries. KickItBack’s trademarks may not be used in connection with any product or service that is not KickItBack’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KickItBack. Other trademarks and trade names belong to their respective owners.

Use of Site

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Auctiva. Auctiva and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Auctiva believes that customer conduct violates applicable law or is harmful to the interests of Auctiva and its affiliates.

Copyright Complaints

Auctiva and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our "Notice and Procedure for making claims of Copyright Infringement Below".

No Liability for Services

You understand and agree that KickItBack does not guarantee a cash reward for your purchases. KickItBack reserves the right to deny cash rewards. While KickItBack will make reasonable efforts to ensure performance of its services, many factors can interfere KickBacks being properly assigned. KickItBack disclaims all liability for eBay bids requested but not placed.

DISCLAIMER

THIS SITE IS PROVIDED BY Auctiva ON AN "AS IS" BASIS. Auctiva MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Auctiva DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Auctiva WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Applicable Law

This site is created and controlled by Auctiva Corporation in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

Links to Third Party sites

The KickItBack and affiliate websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Auctiva and Auctiva is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

No unlawful or prohibited use

As a condition of your use of the KickItBack and affiliate websites, you warrant to Auctiva that you will not use the KickItBack or affiliate sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KickItBack or affiliate sites in any manner that could damage, disable, overburden, or impair the KickItBack or affiliate websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KickItBack or affiliate sites. Auctiva reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Auctiva's sole discretion.

Materials provided to KickItBack or posted at any KickItBack affiliated site Auctiva and its affiliates do not claim ownership of the materials you provide to KickItBack (including feedback and suggestions) or post, upload, input or submit to any KickItBack or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Auctiva, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Auctiva is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Auctiva's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Software available on the KickItBack or affiliated website Software that is made available to download from the KickItBack websites, ("Software") is the copyrighted work of Auctiva, Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Auctiva hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular KickItBack Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Auctiva and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Fees and Payment

KickItBack reserves the right to charge fees for certain services. KickItBack further reserves the right to alter any and all fees and cash rewards from time to time, without notice.

Notice and procedure for making claims of copyright infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KickItBack's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying KickItBack and its affiliates that your copyrighted material has been infringed. Please submit your information in the following support request form.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the site, including the listing ID number, if applicable.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Privacy Policy

This privacy statement discloses the types of information we gather, how we use it and how to correct or change it.

What personal information we collect

KickItBack collects personally identifiable information when you register on our site. The information collected may include the following: email, name, IP address, browser information and more. Any comments or questions you submit are recorded as well. Also, comments about you as a seller or buyer will be collected and may be viewable by other clients. Collection of information takes place at various times while navigating KickItBack’s site and using its software. When entering KickItBack’s site, information may be collected about previous sites the person has viewed. If questions or comments have been submitted via email or a forum on our website, personal information is collected as well.

Storage of information collected

All personal information collected is stored in a server at an office of ours. The servers are updated and certified daily by Hacker Safe from ScanAlert. Hacker Safe tests each system daily to make sure they meet the requirements set forth by the FBI/SANS Internet Security Test.

How we use the information collected

The goal of collecting customer and viewer information is to create a friendly, smooth, efficient, safe and customized experience while working with KickItBack. Personal information submitted at the time of registration may be used by KickItBack for the marketing and promotion of KickItBack products that we feel may be of interest to you.

To whom we disclose personal information

We take your privacy seriously. You have the right to limit the use of your email address by third parties through the opt-out options in your account preferences. If you do not choose to limit the use of your e-mail address, KickItBack may occasionally share this information with carefully selected partner companies whose products and services we feel may be of interest to you.

California Law

Under California law, state residents have the right to request in writing from any business with whom they have a business relationship, (1) a list of categories of personal information, such as name, address, email address and the type of services provided to the customer, that a business has disclosed to a third party, if any (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information please file a support request or send a written request to KickItBack, 527 Flume St, Chico, CA 95928.

We will respond with thirty (30) days after the receipt of your request. We are only required to provide this information once per calendar year per customer.

Other information

By submitting personal information to us or using our site, you agree that we may collect and use such personal information in accordance with our privacy policy or as permitted by law. If you do not agree with these terms, do not provide any personal information to us. If you refuse or withdraw consent, or do not provide us with any necessary personal information, we may not be able to provide you with service.

Removal from our Database

To request removal from the database, simply file a support request and we will be happy to remove your information immediately. Every email sent to you from KickItBack will also include a link to remove your email address from the mail server. If you request that we modify or remove all of your personal information, we will promptly do so, to the extent possible. Once your personal information has been removed you will not be able to use our services unless you re-register.

Children

KickItBack uses reasonable efforts not to collect, use or disclose individually identifiable information from children under the age of 13. Our services are not targeted at children, and children may not register for any of our services.

Privacy and Security while Online

KickItBack provides a high security environment while online with the assistance of ScanAlert. Hacker Safe by ScanAlert tests and certifies KickItBack’s systems every day to ensure they pass the FBI/SANS Internet Security Test. For more information about ScanAlert’s Hacker Safe program, please visit ScanAlert.

Cookies

Cookies are small files on the site that help KickItBack customize the site to assist in creating a better experience for you. Most of the cookies are only "session-cookies" and are deleted from your computer when you log off the site. The use of cookies on our site helps make your visit to the site more efficient. Your browser may allow you to turn off cookies on sites, but could slow down your visit to our site. If you turn off the cookies, you may be asked to re-enter your username and password more often. Cookies are not harmful to your computer.

Third parties

KickItBack does have partnerships with other companies. If you do not sign up for a company's products directly on their site, and receive an email from them, do not reply to it. However, if you did sign up for their products directly on their site, you may receive emails from them. If you use their products, but signed up through KickItBack's website, any emails sent about product information or promotions will be filtered through KickItBack's systems and sent out as a KickItBack email. Links to these sites are provided on KickItBack's site and at certain points in the sign up and listing phase of an auction.

Changing of personal information

You may edit your personal information at any time by clicking on the "Account Settings" link on the Home tab when you are signed in to KickItBack. All information may be changed including: address, credit card information, billing address, email and more. The new information will be updated in our system and used in the collection of information when visiting KickItBack.

Merger or Acquisition

In the event that KickItBack merges or is acquired by another company, all current information KickItBack has will be shared with the other company. KickItBack will do its best to inform you of the transaction.

Questions, comments, concerns

All questions, comments and concerns can be submitted by filing a support request. You will receive an answer as soon as possible.

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