Last Modified: May 30, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Kooptick LLC aka Kooptick ("Company", "we", or "us"). The following terms and conditions,
together with any documents they expressly incorporate by reference
(collectively, these "Terms of Use"), govern your access to and use of
kooptick.com, including any content, functionality, and services offered on or
through kooptick.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By accessing or using the Website, you accept and agree to be bound and abide by
these Terms of Use. If you do not want to agree to these Terms of Use, you must
not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to
form a binding contract with the Company and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must
not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply
to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this
page each time you access this Website so you are aware of any changes, as they
are binding on you.
The Services
Through the Website, you are able to create an account. With that account, you are able to import data from real estate booking services ("The Vendors"),
including but not limited to Hostfully, Airbnb, and VRBO. With that data, you
can create invoices. You can also send invoices to clients, download invoices
from the Website, and download reports that summarize invoices. You can also
peruse some of the data imported from The Vendors.
We are not responsible for any issues that you experience due to a malfunction with our invoice generation service, https://invoice-generator.com/, including
without limitation accuracy or reliability issues. You hereby expressly
acknowledge and accept these disclaimers.
We are not responsible for any issues that you experience due to a malfunction with our credit card payment processor, Stripe, including without limitation
verification or reliability issues. You hereby expressly acknowledge and accept
these disclaimers.
We are not responsible for any issues that you experience due to a malfunction with our cloud service provider, Google, including without limitation reliability
issues. You hereby expressly acknowledge and accept these disclaimers.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We
will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of the Website, or the entire Website, to users, including
registered users.
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you will be asked to
provide account credentials. It is a condition of your use of the Website that
all the information you provide on the Website is correct, current, and
complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other person or
entity. You also acknowledge that your account is personal to you and agree not
to provide any other person with access to this Website or portions of it using
your user name, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or password
or any other breach of security. You also agree to ensure that you exit from
your account at the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others are not
able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for
any or no reason, including if, in our opinion, you have violated any provision
of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and
audio, and the design, selection, and arrangement thereof) are owned by the
Company, its licensors, or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for
display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end user
license agreement for such applications.
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any
graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights
notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website
or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please communicate your request by emailing help@kooptick.com
from the same email address that you used to create your account.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use,
your right to use the Website will stop immediately and you must, at our option,
return or destroy any copies of the materials you have made. No right, title, or
interest in or to the Website or any content on the Website is transferred to
you, and all rights not expressly granted are reserved by the Company. Any use
of the Website not expressly permitted by these Terms of Use is a breach of
these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the term Kooptick, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the
Company or its affiliates or licensors. You must not use such marks without the
prior written permission of the Company. All other names, logos, product and
service names, designs, and slogans on this Website are the trademarks of their
respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm
minors in any way.
• To transmit, or procure the sending of, any advertising or promotional
material, including any "junk mail", "chain letter", "spam", or any other
similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee,
another user, or any other person or entity (including, without limitation, by
using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use of
the Website, or which, as determined by us, may harm the Company or users of
the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website,
including their ability to engage in real time activities through the
Website.
• Use any robot, spider, or other automatic device, process, or means to
access the Website for any purpose, including monitoring or copying any of the
material on the Website.
• Use any manual process to monitor or copy any of the material on the
Website or for any other unauthorized purpose without our prior written
consent.
• Use any device, software, or routine that interferes with the proper
working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material
that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Website, the server on which the Website is stored, or any
server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed
denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may
be out of date at any given time, and we are under no obligation to update such
material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy, which is accessible as a link at the bottom of kooptick.com and at the bottom of
most other pages on the Website. By using the Website, you consent to all
actions taken by us with respect to your information in compliance with the
Privacy Policy.
Information on the Website
Any tips described on the About page are for informational purposes only and should not be considered legal advice. To the extent permitted by law, Kooptick
does not accept responsibility for any action performed by any reader of this
material. If you plan to use this content for an illegal purpose, please leave
this site immediately. By continuing to visit and use this site, you hereby
acknowledge and accept these disclaimers.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control
over the contents of those sites or resources, and accept no responsibility for
them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third-party websites linked to by this Website,
you do so entirely at your own risk and subject to the terms and conditions of
use for such websites.
Geographic Restrictions
The owner of the Website is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible
or appropriate outside of the United States. Access to the Website may not be
legal by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are responsible
for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors, and
assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable attorneys' fees) arising
out of or relating to your violation of these Terms of Use or your use of the
Website, including, but not limited to, your User Contributions, any use of the
Website's content, services, and products other than as expressly authorized in
these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of California without giving
effect to any choice or conflict of law provision or rule (whether of the State
of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of
the United States or the courts of the State of California, although we retain
the right to bring any suit, action, or proceeding against you for breach of
these Terms of Use in your country of residence or any other relevant country.
You waive any and all objections to the exercise of jurisdiction over you by
such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising
from or concerning their interpretation, violation, invalidity, non-performance,
or termination, to final and binding arbitration under the Rules of Arbitration
of the American Arbitration Association applying California law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of the Company to assert
a right or provision under these Terms of Use shall not constitute a waiver of
such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force and
effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties,
both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Kooptick LLC.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be made by emailing
help@kooptick.com.
