Read these Terms of Service and Purchase Agreement (this “Agreement”) for important information about our Services (as defined below)
Please read this Agreement carefully and completely before using www.dabprotects.com (the “Site”) or any related Services (as defined below). This Agreement is a legal agreement between you (“Customer”) and Three Kings Corp d/b/a Defense Against Bacteria (“Three Kings Corp” or “DAB”), the owner and operator of the Site and the related DAB mobile applications (“Applications”). This Agreement states the terms and conditions that govern Customer’s use of the Site and Applications, and of all services, features, gifts, credits, plans, reimbursements and resources available or enabled via the Site and/or Applications (collectively with the Site and Applications, the “Services”) and Customer’s purchase of the subscriptions and products sold through Three Kings Corp. By clicking “I Accept” to this Agreement, or by accessing and using any of the Services, Customer expressly agrees to be bound by the terms of this Agreement between Customer and Three Kings Corp, and is indicating that he/she accepts, and agrees to comply with, this Agreement. If Customer does not accept this Agreement, Customer is not permitted to, and must not, access or use the Services or purchase products from Three Kings Corp.
By signing up for a Subscription (as defined below), Customer represents, acknowledges and agrees that he/she is at least eighteen (18) years of age. If Customer is a parent or legal guardian who is subscribing for a child, Customer hereby agrees to bind his/her child to this Agreement and to fully indemnify, release and hold harmless Three Kings Corp if his/her child breaches or disaffirms any term or condition of this Agreement.
Three Kings may update this Agreement by notifying Customer of such updates by any reasonable means, including by posting the updated Agreement to the Site. Any changes in updating this Agreement will not apply to any dispute between Customer and Three Kings arising prior to the date on which we posted the updated Agreement, or otherwise notified Customer of such updated Agreement. The “Last Updated” legend above indicates when this Agreement was last changed. Customer should periodically review this page to determine if this Agreement has been updated. Customer’s continued use of the Services following any updates to this Agreement shall constitute notice and acceptance of any such updates.
1. Changes to Services: Personal Information/Privacy
1.1. Changes to Services
Three Kings Corp may add to, change or remove any part of the Site, including, without limitation, any content (as defined below) therein, at any time without prior notice to Customer.
1.2. Personal Information
Customer agrees to provide accurate, current, and complete information as required for the purchase of the Products and Subscriptions (both as defined below in Section 3.1). Three Kings Corp reserves the right to block further sales to customers who provide false, inaccurate or incomplete information. Customer acknowledges that Three Kings Corp uses a third-party payment processing service to process orders and bill fees to Customer’s credit, debit, or other company accepted payment method (“Payment Method”).
2. Use of Site
Customer may log onto the Site and Applications by using his/her login credentials for an existing account on various third-party websites, which may change from time to time, including, without limitation, Facebook, Twitter and Linkedin (“Third-Party Site Login Credentials”) and, if applicable, configure his/her privacy settings in Customer’s third-party website account to permit his/her activities on this Site to be shared with Customer’s contacts in his/her third-party site account. Notwithstanding the foregoing, Customer agrees that his/her use of any Third-Party Site Login Credentials is governed by the terms and conditions of such third-party website’s password and account security policies and user-generated content posting and acceptable use policies.
Customer is responsible for maintaining the confidentiality of his/her passwords, and Customer is responsible for all activities that occur using his/her passwords or accounts. Customer agrees not to share his/her passwords, let anyone else access Customer’s passwords or do anything else that might jeopardize the security of Customer’s passwords. Customer agrees to notify Three Kings Corp if there is any unauthorized use of Customer’s password or if Customer knows of any other breach of security in relation to the services.
2.2. User License
Subject to Customer’s compliance with this Agreement, Three Kings Corp hereby grants Customer a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and other materials displayed through the Services (collectively, the “Content”), solely for Customer’s personal, non-commercial use. Customer may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. Customer may not remove any copyright or other proprietary notices from any Content. If Customer breaches any term of this Agreement, Customer’s authorization to use the Services and Content automatically terminates without notice to Customer.
Customer hereby represents and warrants that he/she will not, and will not induce any third party to:
1. attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Three Kings Corp or its third-party service providers, by hacking password comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content;
2. use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation or working of the Services or with any other persons use of the Services;
3. track or seek to trace any information on any other person who visits the Site or Applications, or uses Three King Corp’s Services;
4. use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or
5. copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.
3. Terms of Sale
3.1. Sales of Products and Subscriptions to End Users Only
Three Kings Corp sells hand sanitizers and other bacteria fighting supplies (the “Product(s)”) to end-user customers who purchase monthly subscriptions to receive the Products (“Subscription(s)”) only for their own personal, non-commercial use. Customer may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose without the express written consent of Three Kings Corp. The Subscription and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on www.dabprotects.com. The price that will be charged to Customer for the Products and Subscriptions will be the price posted on the Site on the date Customer first subscribed to a Subscription to the Site. Three Kings Corp reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions, price decreases or price increases. All sales are final and non-refundable.
3.3. Copay Reimbursement
If Customer is dissatisfied with one of Three Kings Corp’s Products as a result of becoming ill from a hand transmitted bacteria while properly using DAB based on “Directions for Use,” and such illness results in a visit to Customer’s physician after Customer becomes ill, Three Kings Corp, in its sole discretion, may pay a one-time payment per year up to Twenty Five Dollars ($25.00) toward Customer’s copay on an initial visit to Customer’s physician. Copay Reimbursement Requests must be made directly to Three Kings Corp at email@example.com. All Copay Reimbursement Requests must be made within fifteen (15) days of the date of the initial visit to Customer’s physician. Three Kings Corp is not liable for any illness or disease that is not an immediate result of a hand transmitted bacteria and will require a receipt from Customer’s physician’s office verifying amount of copay paid along with a statement (physician notes) signed by Customer’s physician stating the type of bacteria responsible for Customer’s illness and if it was indeed transmitted by touch. Promptly following Three Kings Corp’s receipt of Customer’s Copay Reimbursement Request (typically within three (3) business days), Three Kings Corp will review and, if found applicable, will credit the amount paid for Customer’s copay up to Twenty-Five Dollars ($25.00) to the Payment Method Customer used to make Customer’s original purchase of the Product. Notwithstanding the foregoing, Three Kings Corp does not control when a specific credit card or Payment Method company processes a chargeback transaction. Customer is responsible for contacting his/her credit card or Payment Method company if Customer has questions about the status of the chargeback.
3.4. Payment Method
Three Kings Corp accepts various Payment Methods. Customer agrees to pay all fees charged to Customer’s account based on Three Kings Corp’s fees, charges, and billing terms in effect as shown on the payment page when Customer first subscribes for a Subscription. Customer is also responsible for paying any sales and use taxes and shipping and handling fees that may apply to Customer’s purchase of Products or Subscriptions based on the address that Customer provides as the shipping address when he/she subscribes, and Customer authorizes Three Kings Corp or the third-party payment processing service provider that Three Kings Corp engages to charge Customer’s Payment Method in advance prior to shipping the Products. If Customer does not pay on time or if Customer’s Payment Method cannot be charged for any reason, Three Kings Corp reserves the right to either suspend or terminate Customer’s account and Subscription and terminate these terms of service. All sales and payments will be in U. S. currency.
Three Kings Corp and Three Kings Corp’s third-party payment service provider may receive updated Payment Method information from Customer’s credit card or Payment Method issuer. The disbursement of the updated Payment Method information is provided to Three Kings Corp and Three Kings Corp’s third-party payment service provider at the election of Customer’s credit card and Payment Method issuer. Neither Three Kings Corp nor Three Kings Corp’s third-party payment service provider is responsible for the distribution of Customer’s credit card or Payment Method information. It is at the sole election of Customer’s credit card or Payment Method issuer. Customer’s credit card or Payment Method issuer may give Customer the right to opt out of the update service. It is Customer’s responsibility to contact his/her credit card or Payment Method issuer with regard to his/her right to opt out of the update service.
3.5. Monthly Subscriptions
VERY IMPORTANT NOTICE TO CONSUMER
MONTHLY SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH.
Three Kings Corp will automatically renew Customer’s Subscription each month and will auto ship, as authorized by Customer by checking the box demonstrating Customer’s consent for automatic monthly renewal of Customer’s Subscription during the subscribing process. Three Kings Corp will charge Customer’s Payment Method with the applicable Subscription fee and any shipping and handling costs and sales and use taxes that may be imposed on Customer’s Subscription fee payments. Each Subscription renewal period is for one (1) month.
Customer may cancel his/her Subscription at any time by logging into Customer’s account within www.dabprotects.com. To cancel a Subscription, follow the instructions regarding cancellation. Cancellation requests submitted in this manner (via Customer’s account page on the www.dabprotects.com website) must be received at least one (1) full calendar day prior to Customer’s next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. All cancellations may take up to five (5) days to process. If Customer has any problems, please email firstname.lastname@example.org. Three Kings Corp requires a reasonable amount of time to process Customer’s Subscription cancellation request. Customer will not be eligible for a prorated refund of any portion of the Subscription fees paid for unused days.
3.6. Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a suitable third-party carrier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
4. Intellectual Property
Three Kings Corp, DAB (Defense Against Bacteria) logos, and other Three Kings Corp trademarks, service marks, graphics and logos used in connection with the Applications and other services are trademarks or registered trademarks of Three Kings Corp or other companies of Three Kings Corp. Other trademarks, service marks, graphics and logos used in connection with the Applications and other services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Three Kings Corp marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Three Kings Corp or the applicable trademark holder. The Applications and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Three Kings Corp or the owner of the Content.
5. Dispute and Arbitration; Class Action Waiver
Please read this section carefully. It is part of your contract with Three Kings Corp and affects your rights. It contains procedures for Mandatory Binding Arbitration and a Class Action Waiver.
5.1. Informal Resolution. Most Customer concerns can be resolved quickly and to Customer’s satisfaction by writing to our Customer Service Department at email@example.com
5.2. Mandatory Arbitration. In the unlikely event that Customer is unable to resolve any dispute through an informal resolution process, Customer agrees that all claims and disputes in connection with this Agreement or the use of any Product or Service provided by Three Kings Corp shall be settled through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration shall be Alcorn County, Mississippi. Mississippi law shall apply; however, the arbitrator(s) has no authority to award punitive, exemplary, indirect or special damages. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall be responsible for their own attorneys’ fees but the costs of arbitration shall be shared equally by the parties.
The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury, instead electing that all claims and disputes shall be resolved by arbitration under this Agreement. In the event any litigation should arise between Customer and Three Kings Corp in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, Customer and Three Kings Corp waive all rights to a jury trial, instead electing that the dispute be resolved by a judge. All claims and disputes must be arbitrated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. In the event that this arbitration clause is deemed invalid or unenforceable, all claims and disputes shall be resolved in a State or Federal court located in, or which has jurisdiction over, Alcorn County, Mississippi. This arbitration agreement will survive the termination of Customer’s relationship with Three Kings Corp.
By purchasing or gifting Products or Subscriptions, Customer agrees and represents that Customer’s use of the gifting will comply with this Agreement and all applicable laws, rules, and regulations, and that Customer will not use the gifting in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Three Kings Corp, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other entity related to Three Kings Corp.
7. Limitation of Liability
7.1. No Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3.3, CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS AND SERVICES PROVIDED BY THREE KINGS CORP ARE PROVIDED “AS IS” WITH NO WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY AND FULLY DISCLAIMED BY THREE KINGS CORP AND WAIVED BY CUSTOMER. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT THREE KINGS CORP MAKES NO (AND DISCLAIMS ALL) REPRESENTATIONS AND WARRANTIES RELATED TO THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.
7.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES UNDER THIS AGREEMENT OR RELATED TO THE USE OF ANY PRODUCT, APPLICATIONS, SITE, OR OTHER SERVICES OR CONTENT.
7.3. Three Kings Corp makes no claims to prevent, diagnose, treat or cure any illness or disease.
7.4. IN NO EVENT SHALL THE TOTAL LIABILITY OF THREE KINGS CORP TO CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, ARISING FROM CUSTOMER’S USE OF THE SERVICES OR PRODUCTS EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
8. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Mississippi, without regard to conflicts of laws principles.
In the event that any sections, paragraphs, sentences, clauses or phrases of this Agreement shall be found invalid, void and/or unenforceable, for any reason, neither this Agreement generally nor the remainder of this Agreement shall thereby be rendered invalid, void and/or unenforceable, but instead each such provision and (if necessary) other provisions hereof, shall be reformed by a court of competent jurisdiction so as to effect, insofar as is practicable, the intention of the parties as set forth in this Agreement. Notwithstanding the preceding sentence, if such court is unable or unwilling to effect such reformation, the remainder of the Agreement shall be construed and given effect as if such invalid, void and/or unenforceable provisions had not been a part hereof.
10. Entire Agreement
This Agreement supersedes all previous contracts and constitutes the entire agreement of whatsoever kind or nature existing between or among the parties respecting the subject matter and no party shall be entitled to benefits other than those specified herein. As between or among the parties, no oral statements or prior written material not specifically incorporated herein shall be of any force and effect.
This Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective legal representatives, successors, and assigns.
In order to be effective, any amendments to this Agreement must be in writing and signed by both Parties.