This Warrior Software End-User License Agreement (The “agreement”) IS EFFECTIVE UPON YOU (CLIENT) PURCHASING ACCESS TO THE KINGSKIT AND/OR KINGDOM SOFTWARE FROM WARRIORBOOK, A CALIFORNIA LIMITED LIABILITY COMPANY (“WB”)
As a condition of Client’s Participation in the application of any and all of the software tools, in any and all stages of the Warriors Way lifestyle to having it all, Client is required to carefully read and sign this End-User License Agreement ("EULA") before downloading or using Kingdom Software ("Application"). By using the Application, you are agreeing to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not download or use the Application. By downloading the Application it shall be deemed as full acceptance of the terms contained herein.
WB grants Client a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for Client’s personal, non-commercial purposes strictly in accordance with the terms of this EULA.
Client agrees not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Modifications to Application
WB reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to Client.
Term and Termination
This EULA shall remain in effect until terminated by Client or WB. WB may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice. This EULA will terminate immediately, without prior notice from WB, in the event that Client fails to comply with any provision of this EULA or fails to make any necessary payments to WB. Client may also terminate this EULA by deleting the Application and all copies thereof from Client’s mobile device, laptop, or desktop computer. Upon termination of this EULA, Client shall cease all use of the Application and delete all copies of the Application from their mobile device, laptop, or desktop.
Disclaimer of Warranties and Limitation of Liability
Client waives any and all claims it may have against WB arising out of the performance or nonperformance of the services and/or products. COMPANY IS PROVIDING, AND CLIENT ACCEPTS, THE SERVICES AND/OR PRODUCTS “AS-IS” WITHOUT WARRANTY OF ANY KIND. WB DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WB DOES NOT WARRANT THAT USE, DISPLAY OR REPRODUCTION OF THE SERVICES, PRODUCTS, AND/OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY.\u2028 \u2028WB shall not be responsible for and/or liable to Client and/or any third party for any loss or damage caused by the services and/or products or by Company’s performance under this Agreement. WB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT. CLIENT AGREES THAT THESE LIMITATIONS ON WARRANTY AND LIABILITY ARE REASONABLE AND THAT COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT CLIENT’S EXPRESS AGREEMENT AS TO THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF COMPANY LIABILITY.\u2028 \u2028CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS WB FROM ALL LOSSES, DAMAGES, LIABILITIES, DEBTS, DEMANDS, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, CHARGES AND EXPENSES, INCLUDING LEGAL FEES AND ANY AMOUNT PAID TO SETTLE ANY ACTION OR TO SATISFY A JUDGMENT (COLLECTIVELY, “CLAIMS”), IN ANY WAY INCURRED BY OR MADE AGAINST WB WHICH RESULT FROM OR RELATE TO (A) ACCESS TO OR USE, BY CLIENT OR PERMITTED BY CLIENT, OF THE SERVICE OR CLIENT ACCOUNT, OR (B) ANY OF CLIENT ACTS OR OMISSIONS, INCLUDING BREACH OR NON-PERFORMANCE OF THIS AGREEMENT AND ANY VIOLATION OF THIRD PARTY RIGHTS.
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this EULA
WB reserves the right, at its sole discretion, to modify or replace this EULA at any time.
Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person.
What personal information we collect
WB collects Client information in an effort to improve Client’s online experience, and to communicate with Client about WB’s products and services. WB does not sell or rent Client’s personal information to third parties. WB does, however, share Client’s information with third parties that provide services on WB’s behalf or with whom WB has partnered to offer a particular product or service.
WB may collect information that Client voluntarily submits to WB such as:
(i) Identifying information such as Client’s name and email address; (ii) Security information such as Client’s username, password, and acceptance of policies, licenses and warranties; (iii) Contact information such as Client’s company name, mailing address and phone number; (iv) Billing information such as credit card, expiration date, billing address and account history; (v) Queries to Customer Service and Technical Support; (vi) Site behavior such as pages visited, downloads, or searches requested; (vii) Browser information such as browser version, IP address, and the presence of various plug-ins and tools. While WB may possess social security numbers of our employees, consultants and contractors, WB does not collect social security numbers of website users.
Third Party Vendors
WB employs third party vendors, service providers and suppliers to perform various functions on our behalf. Third-party services may include, but are not limited to: customer information management; processing credit card or check card payments analyzing data; developing, hosting and maintaining our websites and databases. WB does not authorize any of these service providers to make any other use of Client’s information or to contact Client outside the context of these services.
The obligations contained herein shall survive the termination of this Agreement.