Terms and Conditions

Native Axis, Inc. DBA Kingston Lane – Terms & Conditions

The following terms and conditions govern all use of the KingstonLane.com (the ‘Website’) and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Kingston Lane Privacy Policy) and procedures that may be published from time to time on this Site by Kingston Lane (collectively, the ‘Agreement’).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. 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 and conditions are considered an offer by Kingston Lane, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

These terms and conditions regulate the business relationship between you and us. By using Our Website(s), Our Services, Connectors or Our Platform in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Services from us. We look forward to seeing you again when you are over 18.

We are: Native Axis, Inc., DBA Kingston Lane

You are: a visitor to Our Website / our customer

  1. Definitions

 

In this agreement:

 

“Our Website(s)” means the entire computing hardware and software installation that is or supports Our Website(s).

“Services” means any of the services we offer for sale or for free on our Website and include generally available updates and support services so far as specified for each service.
“Committed Offer” means the offer for Online Services when Customer commits in advance to purchase a specific quantity of Services for use during a particular period of time (also identified as “subscription”). Customer pays in advance for the Online Services on a periodic basis during the pre-agreed period of time.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

“Material” means Content of any sort posted by you on Our Website

 

  1. Our contract with you

 

These terms and conditions apply:

  1. So far as the context allows, to you as a visitor to Our Website(s); and
  2. in any event to you as a buyer or prospective buyer of our Products & Services.
  3. We shall accept your registration electronically via our Website. That is when our contract is made. You will also receive an email message to confirm the details of your registration and/or purchase and tell you when we shall be ready to provision your accounts.
  4. Unfortunately, we cannot guarantee that every service advertised on Our Website(s) is available.
  5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website(s) on the day you order Services.
  6. If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website(s); these terms still apply so far as they can be applied.
  7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable.

 

  • Your account with us

 

  1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
  2. Once you register with Kingston Lane you’ll be automatically subscribed to our newsletter. Let us know if you don’t want that.
  3. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your computer.
  4. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
  5. We reserve the right to refuse you access to Our Website(s).

 

  1. Price, payment and service provision

 

  1. It is possible that the price may have increased from that posted on Our Website(s). If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
  2. You agree to pay the periodical charge for the Services, from the credit card, information for which you have or will have supplied to us. You authorize us to arrange withdrawal of funds on this card regularly at the due date before the next period starts without further reference to you.
  3. Payments are billed on the monthly and/or annual anniversary date of your sign up.
  4. Payments are non-refundable.
  5. Our Services will be provided via our website or via our partner’s websites.
  6. If we are not able to provide your Services within ten [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
  7. You may cancel provision of the Services at any time on giving us two clear weeks’ notice (10 business days). Payment will be due until the expiry of the notice period.
  8. We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website(s).
  9. If we change the nature or provision of the Services, you may terminate this contract.
  10. If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
  11. You may not share or allow others to use the Services in your name.
  12. We will do our best to maintain Our Website(s) so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you if possible, in advance.

 

  1. Foreign taxes, duties and import restrictions

 

  1. If you are not in the United States of America, we have no knowledge of, and no responsibility for, the laws in your country.
  2. You are responsible for purchasing Services which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

 

  1. Dissatisfaction with the Services

 

  1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Services, please tell us at the earliest opportunity:
    1. exactly why you think we have failed;
    2. the date, if relevant, of the failure;
    3. when and how you discovered the failure;
    4. the result of the failure;
    5. your suggestion as to action we should take to resolve the situation and restore your faith in us.
  2. To do this, it is essential that you contact us by email at support@kingstonlane.comand provide as much details about the issue as possible.

 

  • Disclaimers

 

  1. We or our Content suppliers may make improvements or changes to Our Website(s), the Content, or to any of the Services, at any time and without advance notice.
  2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
  3. We give no warranty and make no representation, express or implied, as to:
    1. the adequacy or appropriateness of the Services for your purpose.
    2. the truth of any Content on Our Website(s);
    3. any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
    4. compatibility of Our Website(s) with your equipment, software or telecommunications connection.
    5. compliance with any law;
    6. non-infringement of any right.
  4. Our Website(s) contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
  5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website(s) or the purchase of Services.
  6. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

 

  • Electronic Communications

 

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. Modification

 

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

  1. Content and Intellectual Property Rights

 

  1. We will defend the intellectual property rights in connection with our Services and Our Website(s), including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
  2. We also claim copyright in the designs and compilation of all Content of Our Website(s). Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
  3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
  4. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
  5. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

 

  1. Your email address

 

  1. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
  2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
  3. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

 

  • System Security

 

  1. You agree that you will not and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website(s).
  2. You may not use any software tool for the purpose of extracting data from Our Website(s).
  3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

  • Acceptable use Policy

 

As a condition of your use of Our Website(s), you agree to comply with these provisions:

  1. You will not use or allow anyone else to use the Web Site to post or otherwise publish:
    1. commercial audio, video or music files;
    2. copyright works;
    3. any Material which violates the law of any established jurisdiction;
    4. unlicensed software;
    5. software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
    6. links to any of the material specified in this paragraph;
    7. pornographic Material;
    8. any Material promoting discrimination or animosity to any person on grounds of gender, race or color.
  2. You will not use the Services for spamming. Spamming includes, but is not limited to:
    1. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
    2. The sending of junk mail;
    3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
    4. Excessive and repeated posting off-topic messages to newsgroups;
    5. Excessive and repeated cross-posting;
    6. Email harassment of another Internet user, including but not limited to, transmitting any threatening, libelous or obscene Material, or Material of any nature which could be deemed to be offensive;
    7. The emailing of age inappropriate communications or content to anyone under the age of 18.
  3. You will not use the Service to copy, merge, synchronize, download or access data that is not rightfully yours, data for which you have full copyright and ownership.

 

 

 

 

  • Miscellaneous provisions

 

  1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
  2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
  3. Nothing in this agreement or on Our Website(s) shall confer on any third party any benefit or obligation.
  4. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  5. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
  6. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
  7. This Agreement shall be governed by and construed in accordance with the law of the United States of America. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

  1. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

 

The information contained on Our Website(s) and the resources available for download through Our Website(s) are for educational and informational purposes only. ​

 

The information contained on Our Website(s) and the resources available for download through Our Website(s) are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

 

  • NO GUARANTEES AS TO RESULTS

 

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of Our Website(s) succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

 

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

 

  • USE OF TEMPLATES AND FORMS

 

The Company may provide various templates and/or forms for download and/or sale on Our Website(s). The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

 

By ordering or downloading Forms, you agree that the Forms you purchase, or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

 

  • USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

 

The Company from time-to-time provides various courses, programs, and associated material for sale on Our Website(s). The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

 

By ordering or participating in Courses, you agree that the Courses you purchase, or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

 

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

 

  • USE OF FREE DOWNLOADABLE CONTENT

 

The Company provides various resources on Our Website(s), which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

 

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

 

 

 

 

  1. GUESTS

 

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.

 

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights, they may have in any such interviews

 

  • NO WARRANTIES

 

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF Our Website(s). THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH Our Website(s). TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

 

 

 

  • LIMITATION OF LIABILITY

 

 

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

 

 

  • ARBITRATION

 

This Agreement constitutes the entire agreement between Kingston Lane and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kingston Lane, or by the posting by Kingston Lane of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Kingston Lane may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

 

You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

 

  • INTERNATIONAL USERS

 

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

  • INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use Our Website(s) or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

  • TERMINATION AND ACCESS RESTRICTION

 

The Company reserves the right, in its sole discretion, to terminate your access to Our Website(s) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to Our Website(s) or the Terms of Use pursuant to the Arbitration Clause above. Use of Our Website(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

  • ENTIRE AGREEMENT​

 

Unless otherwise specified herein, this agreement, along with the Privacy Policy, constitutes the entire agreement between the user and the Company with respect to Our Website(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to Our Website(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

  • CHANGES TO TERMS

 

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.