KTBS LOCAL MARKETPLACE
Updated April 30, 2020
Table of Contents
- Account Registration and Password
- Purchases; Fulfillment; Risk of Loss; Returns
- Sales Tax
- Consent to Receive Communications
- Functionality and Prohibited Uses of the Service
- Content and Rights
- Disclaimers of Warranties and Limitations of Liability
- Legal Disputes
The KTBS Local Marketplace website (https://ktbslocalmp.wpengine.com) and pages hosted on https://ktbslocalmp.wpengine.com (collectively, the “Website” or this or our “Website”) connects consumers in the Shreveport, LA, and surrounding areas with providers of goods and services (“Marketplace Vendors”). This Website and the service offered on this Website are owned and operated by KTBS, LLC (“KTBS”). KTBS facilitates your transaction, but payment, delivery and fulfillment of goods and services are completed directly by Marketplace Vendors. The following terms of service (“Terms”) govern your use of this Website on any platform and in any format and any and all services, including the KTBS Local Marketplace service, provided by KTBS through them (collectively, the “Service” or this or our “Service”). These Terms are a legally binding contract with KTBS. Please read these Terms carefully.
You agree that by clicking “Register,” “Login” or similar links, registering, accessing, or using the Service, you are agreeing to enter into a legally binding contract with KTBS and you are acknowledging that you have read and accept these Terms. If you do not agree to be bound by these Terms, do not click “Register,” “Login” or similar links, do not register an account and do not access or use the Service.
KTBS has the right, at its sole discretion, to enhance, change or discontinue all or part of the Service any time. We may update or change these Terms from time to time. When we make a change to the Terms, we will inform you by changing the date at the top of this page noting when the new Terms were last updated.
2. Account Registration and Password
In general, you may access the Service for free in keeping with these Terms. However, to access and use certain features of the Services and to make a purchase, you must register and create an account and password. You are responsible for maintaining security and control over your user name and password that you create to use these features of the Service. We are not responsible for any losses arising out of the unauthorized use of your account or the Service. If you believe that the security of your user name and/or password has been compromised, you agree to immediately change your user name and/or password to eliminate this security risk and to notify KTBS of any known or suspected unauthorized use of, or disclosure related to, your account. You may contact KTBS at [email protected].
3. Eligible Users
Must Be 18. The Service is intended for adults for e-commerce purposes. The Service is not intended for or offered to those under 18 years old. Do not create an account if you are under 18 years old; if you are not at least 18 years old and you create an account, you do so in violation of these Terms.
4. Purchases; Fulfillment; Risk of Loss; Returns
When you make a purchase through the Service, you are purchasing from Marketplace Vendors, not KTBS. KTBS does not participate in, and is not responsible or liable for, the purchase or payment process. We are not responsible for examining or evaluating, and we do not warrant, the goods and services offered by Marketplace Vendors. KTBS is not responsible for the actions, goods, services and content of Marketplace Vendors and any other third parties.
KTBS does not fulfill any orders through the Service. All terms of purchase, shipment, delivery and risk of loss are governed by the contracts and policies of the respective Marketplace Vendor. KTBS is not responsible for returns. Returns are handled by each Marketplace Vendor according to its own return policies. Please contact Marketplace Vendors directly for questions or instructions about terms of payment, shipment (including shipping costs), delivery, risk of loss and returns.
5. Sales Tax
KTBS is not responsible for the collection and remittance of state and local sales tax for purchases facilitated through the Service. Sales taxes will be collected and remitted by the Marketplace Vendor from whom the purchase is made.
6. Consent to Receive Communications
If you register to receive newsletters, alerts, emails or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the “unsubscribe” prompts contained at the bottom of the communications.
7. Functionality and Prohibited Uses of the Service
Functionality. We may limit the amount of storage space, activity, bandwidth or any other resources available through the Service in our discretion. Periodically, the Service may become unavailable due to required maintenance or other reasons. KTBS assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction or unauthorized access to, or alteration of, any content or data that you submit on, to, or through the Service.
- You will not manipulate the Service by any means, including but not limited to the use of bots, botnets, automated scripts or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm or other harmful or malicious component, which might overburden, impair or disrupt the Service or any user’s use, access or experience.
- You will not interfere with, tamper with or damage the Service in any way whatsoever, including but not limited to by trespass, burdening network capacity, or otherwise disseminating viruses, worms, spyware, adware or other harmful code.
- You will not circumvent, disable or otherwise interfere with access controls or security-related features of the Service or any features that prevent or restrict access, use or copying of any content or enforce limitations on access to or use of the Service.
- You will not use the Service for any purpose other than your private, individual use.
- You will not use another user’s account.
- You will not reverse engineer, reverse assemble or reverse compile the Service.
- You will not use the Service in any way that is inconsistent with these Terms and applicable law and regulations.
8. Content and Rights
Intellectual Property. KTBS reserves all of its intellectual property rights in the Service.
All content included in or made available through the Service, and the functionality of the Service, including the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights contained therein, are owned by KTBS or its content suppliers, including Marketplace Vendors, and are proprietary and protected by U.S. and other applicable intellectual property law. No express or implied rights are conferred on you to use such content. The compilation of all content through the Service is the exclusive intellectual property of KTBS and protected by U.S. and other applicable copyright law. Except as explicitly permitted by these Terms or the functionality of the Service, the content of the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any content of the Service without notice.
We Do Not Control Third-Party Content. The Service contains content, products, offerings, resources and services from third parties. We may provide links, data or information related to third parties, including Marketplace Vendors, and their materials. We have no control over these third parties, and, as such, we do not endorse and are not responsible or liable for any such third-party material or its accuracy or quality. You assume full responsibility when you choose to access third-party content or follow any links that lead you to third-party websites. You should review the terms of service and privacy policies of these third-party websites.
Content You Submit and Certain Obligations. Subject to these Terms, you may submit data through the Service as may be permitted from time to time by the Service. This functionality may include the ability to submit reviews of products and services. By submitting content, you agree that KTBS will store it on our or our cloud providers’ servers for use on or by the Service and third parties. KTBS does not review, approve or otherwise assist in the creation of your content. We assume no responsibility or liability for the deletion, corruption or loss of content you submit or failure to receive or store the content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
You agree to only submit content that does not violate the law or anyone else’s rights. You agree that your account registration information and any data you submit via the Service is truthful and accurate.
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable or prohibit your access to the Service. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your account.
10. Disclaimers of Warranties and Limitations of Liability
The Website, THE SERVICE, and all of the services offered THEREIN are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement). In no event will KTBS, iTS AFFILIATES or SUBSIDIARIES or any of their service providers OR MARKETPLACE VENDORS, or any of their OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS or EMPLOYEES, be liable for damages of any kind, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, THE SERVICE, ANY WEBSITES LINKED TO this website or the service, ANY CONTENT ON THIS OR OTHER WEBSITES or THE SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS OR OTHER WEBSITES OR THE SERVICE, including without limitation any special, indirect, 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 LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Legal Disputes
Choice of Law, Venue and Jurisdiction. These Terms are governed by the laws of the State of Louisiana. You expressly agree that exclusive jurisdiction for any claim or dispute with KTBS concerning these Terms or relating in any way to your use of the Service resides in the federal and state courts located in Louisiana.
Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND KTBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Indemnification. You agree to indemnify, defend and hold harmless KTBS and its directors, officers, members, employees, representatives, affiliates, successors, agents, partners, clients, service providers and contractors and Marketplace Vendors from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your violation of these Terms or your violation of any rights of another user of the Service. KTBS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
No Obligation to Participate in Disputes. If there is a dispute between users of the Service, or between a user and any third party, including a Marketplace Vendor, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or a Marketplace Vendor, you release KTBS and its officers, members, employees, representatives, affiliates, successors, agents, partners, clients, service providers and contractors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
Failure by KTBS to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KTBS without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect.