- Purchase – You agree that by making a consignment purchase you are agreeing to purchase a pack size of the total Consignment Opportunity in the event that the total consignment goal amount is reached.
- Agency – Upon the success of a Consignment Opportunity, you agree that Ouiby, Inc. d/b/a/ Kickfurther will represent you and the other buyers as your agent to aggregate the purchases onto one purchase order and make the purchase with the supplier or business. In addition, you agree that Ouiby, Inc. d/b/a Kickfurther will negotiate the consignment agreement with the retailer or business you selected according to the terms proposed in the Opportunity. You further agree that certain decisions regarding the Opportunity including, but not limited to, cancellation of the Opportunity and how to liquidate inventory will be made by the buyers, collectively, based on a majority vote weighted by initial dollar purchase by each buyer or Kickfurther. You agree to be bound by this decision.
- Involvement – You agree to be involved in the sales/marketing process for the goods you purchased. Our site offers functionality to facilitate this. For each Consignment Opportunity you purchase into, you should share your products via email, Twitter, or Facebook.
- Due Diligence – You agree to do your own due diligence prior to contributing in any Consignment Opportunities. You further acknowledge and accept that, while Kickfurther may partake in its own due diligence prior to the launch of any Consignment Opportunity, you will not rely on such due diligence and you understand that the only user-facing claims Kickfurther verifies are those contained in the credibility metrics. You agree to not hold Kickfurther liable for any false or unverified statements made by businesses on the platform or other users.
- Repayment – You agree to empower Ouiby Inc., d/b/a Kickfurther. as your agent in order to collect the consignment payment from the consignee and distribute the revenue according to the initial contribution size. You further agree that Kickfurther may deduct its expenses from such consignment payments prior to distributing them to you.
- Insurance – If needed, you agree to empower Ouiby Inc., d/b/a Kickfurther to acquire insurance at a fair market rate in order to protect the goods on your behalf.
- Cancellation – In the event that a Consignment Opportunity you purchased is cancelled, you agree to participate in a vote or multiple votes to determine how to proceed. You will receive an email with a link to vote on your options. The majority vote, weighted by initial dollar purchase, will decide the next steps, and, if applicable, the next markdown percentage. Kickfurther reserves the right to remove your right to vote for such cancellations or any other options requiring such a vote.
- Employees of Co-Op businesses, family members of employees of Co-Op businesses, or equity investors in of Co-Op businesses shall not contribute to any Co-Ops for such businesses. Should such individuals make such contributions, Kickfurther reserves the right to remove your right to vote for such cancellations or any other options requiring such a vote and reweight voting rights accordingly.
- The Kickfurther team estimates the value of inventory from cancelled Co-Ops from time to time. These valuations are provided for reference and are only estimates not actual values, promised amounts, or claimed losses. These values may change from time to time as the cancellation progresses with each Co-Op and new information arises. All valuations are only estimates and Kickfurther takes no responsibility for the accuracy of any valuations given. You should not rely on the values given for any accounting, tax, or legal purposes.
- Liquidation or Kickfurther Sale Profits – If Consignment Inventory, for an Consignment Opportunity you purchased into, is seized and liquidated, or sold through the Kickfurther Store or any other means, Kickfurther will provide you with payment from such sales up to the the amount you would have been entitled to if the Consignment Opportunity would have succeeded. Kickfurther reserves the right to apply any proceeds from any such sales to any and all costs related to the sale incurred by Kickfurther first before providing the remainder of the proceeds to buyers. You agree to allow Kickfurther to retain any proceeds from the sale of Consignment Inventory exceeding the maximum amount you would have received if the Consignment Opportunity succeeded in order to help defray Kickfurther’s added administrative costs relating to Consignment Opportunity termination and sale of Consignment Inventory.
- Payment – You agree to pay Ouiby Inc., d/b/a Kickfurther a 1.5% service fee (in addition to any Insurance acquired that will be deducted from the revenue upon sale of your consigned goods and/or a service fee for any withdrawals of funds from the Kickfurther platform.
- One User Account Per Individual – each individual shall only be allowed one Kickfurther Buyer Account. Should Kickfurther become aware of any individual with more than one account, Kickfurther reserves the right to consolidate that individual Buyer’s accounts into one Buyer Account and remove any offer keys or other benefits that individual received for the additional accounts.
- Buyer Account Balance – You authorize Kickfurther to make adjustments to your account balance, from time to time, in order to ensure your balance accurately reflects the funds in your account, claims made, paybacks received, and refunds issued. You further acknowledge that, on rare occasions, such accounting adjustments could make you account balance negative and you authorize Kickfurther to make such adjustments regardless.
- Ouiby, Inc. DBA Kickfurther reserves the right, without providing compensation, to cancel, rescind, or otherwise dishonor any bonuses or credits given to or received by you if such bonuses or credits are not used or redeemed on the platform within thirty (30) days after the issuance of such bonuses or credits.
The following are terms of a legal agreement (the “Agreement”) between you and Ouiby Inc., d/b/a Kickfurther (“Kickfurther”) that sets forth the terms and conditions for your use of this web site (the “Site”). The Site is owned and operated by Ouiby Inc., d/b/a Kickfurther. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Kickfurther.
Kickfurther reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Kickfurther may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
The use of the Site is permitted only by humans. Any accounts registered by or utilizing “bots” or other automated methods will be disabled.
LIMITATIONS OF USE
The copyright in all material on this Site, including, without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by Ouiby Inc., d/b/a Kickfurther or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Kickfurther. You acknowledge that the Content is and shall remain the property of Kickfurther. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Kickfurther’s prior written approval. You also may not, without Kickfurther’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Kickfurther’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Kickfurther makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Kickfurther.
Members of the Kickfurther community must be U.S. Residents that are eighteen (18) years of age or older. Individuals under the age of 18 or outside of the United States are not eligible to participate in the offerings on this website.
CONTENT AND USE RESTRICTIONS
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Kickfurther member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google® search” or other online research).
You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Kickfurther member or other third party. In order to protect Kickfurther members from such advertising or solicitation, Kickfurther reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Kickfurther deems appropriate in our sole discretion. Directly contacting more than ten (10) Kickfurther members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.
Ouiby Inc., d/b/a Kickfurther (including the Kickfurther logo), Kickfurther.com, and all related logos (collectively the “Kickfurther trademarks”) are trademarks or service marks of Ouiby Inc., d/b/a Kickfurther. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Kickfurther or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Kickfurther trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. Kickfurther prohibits use of any of the Kickfurther trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by Kickfurther in advance. Any questions concerning any Kickfurther Trademarks, or whether any mark or logo is a Kickfurther Trademark, should be referred to support@Kickfurther.com.
LINKS TO THIRD-PARTY SITES
CONSENT TO DOING BUSINESS ELECTRONICALLY
As part of your participation on the Kickfurther platform, you may occasionally receive disclosures, notices, documents and information (“Communications”) from Kickfurther or our respective agents (collectively, “we” or “us”). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically.
Electronic Communications. You agree that all Communications from us, and our respective agents relating to your use of the Kickfurther platform may be provided or made available to you electronically by e-mail or at our website. If you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions through the Kickfurther platform.
Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 9.0 or above, Firefox 3.0 or above, or similar software, Adobe Acrobat and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.
Mobile Technology. If you are accessing our site electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Communications.
Withdrawing Consent. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward (1) you cannot place any further listings or contribute to any Consignment Opportunities through the Kickfurther platform and (2) any pending listings or financial contributions will automatically terminate and be removed from the Kickfurther platform. The withdrawal of your consent will not affect the legal validity and enforceability of any pending financing obtained through the Kickfurther platform, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. With respect to pending Consignment Opportunities (Co-Ops) on which you are a contributor or contributee, we will send you any further Communications by mail or other non-electronic means.
Changes in Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You can contact us by email at firstname.lastname@example.org or by writing to us at:
- Ouiby, Inc. DBA Kickfurther
- Attn: Support
- 2995 55th St
- PO Box #21584
- Boulder, CO 80308
DISCLAIMER OF WARRANTIES
NONE OF OUIBY INC., D/B/A KICKFURTHER, ITS PARENT, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “KICKFURTHER PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE KICKFURTHER PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE KICKFURTHER PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE KICKFURTHER PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE KICKFURTHER PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. THE KICKFURTHER PARTIES RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE KICKFURTHER PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF KICKFURTHER PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE KICKFURTHER PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE KICKFURTHER PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Kickfurther Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Kickfurther Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Kickfurther Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Kickfurther. You further agree to indemnify and hold harmless Kickfurther Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
MONITORING OF THE SITE
Kickfurther has no obligation to monitor the Site; however, you acknowledge and agree that Kickfurther has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
SUBMISSIONS TO THE SITE
USE OF PERSONALLY IDENTIFIABLE INFORMATION
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Ouiby Inc., d/b/a Kickfurther to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
This Agreement is effective until terminated by Ouiby Inc., d/b/a Kickfurther. Kickfurther may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Kickfurther’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Ouiby Inc., d/b/a Kickfurther to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement, your use of the website, and your participation in any Co-Ops and any disputes related to or arising out of this Agreement, your use of the website, and your participation in any Co-Ops shall be governed by, and construed and enforced in accordance with, the laws of the State of Colorado (without regard to the conflicts or choice of law principles thereof). By continuing to use this website, you hereby agree and consent to the exclusive personal jurisdiction of the state and federal courts situated within the County of Boulder, State of Colorado for purposes of enforcing this Agreement, and you waive any objection you might have to personal jurisdiction or venue in those courts
BY CONTINUING TO USE THIS WEBSITE, YOU HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE WEBSITE, OR YOUR PARTICIPATION IN ANY CO-OP.
You agree that you will notify Ouiby Inc., d/b/a Kickfurther in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Kickfurther a reasonable period of time to cure it at least thirty (30) BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Ouiby Inc., d/b/a Kickfurther.
This Agreement shall be subject to any other agreements you have entered into with Ouiby Inc., d/b/a Kickfurther.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Ouiby Inc., d/b/a Kickfurther’s designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
For any questions regarding alleged copyright infringement, please email: email@example.com.
If you have questions regarding the Agreement or the practices of Kickfurther, please contact us by e-mail at firstname.lastname@example.org or by regular mail at