Website Terms of Use

This site, https://k-bim.com (“Site”), is owned and operated by KBIM, LLC (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms of Use” or “Terms”) are applicable to you (“User,” “you,” or “your”). These Terms of Use apply to all Users of our Site.

Read these Terms of Use carefully before you begin using this Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE.

Note that these Terms of Use may be updated from time to time, and any User’s continued use of this Site after we have made updates to the Terms of Use is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the Terms of Use periodically for updates.

1) Access and Use of This Website

Access to certain portions of our Site is restricted to registered Users with an account on the Site (“Account”). You might be required to provide your name, telephone number(s), e-mail, street address, job title, company name, and/or credit card number, debit card number, charge card number, or other payment information, as well as other personally identifiable information (“Personal Data”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including, without limitation, purchases and/or registration for products and/or services on this Site. Processing all transactions related to the Site may include using your Personal Data.

a. Registration and Security

You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create your Account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the services or Site through your Account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the services or access any of the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.

b. Limitations on Use

The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and the Site’s content. We own the content on all of our Site. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:

use the Site to collect or store personal data about other Users without their express permission;
knowingly include or use any false or inaccurate information in any Account or profile;
circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
use the Site in any way that competes with us; or
encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE(S), MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE, OR TO RETAIN THE CONTENT ON THIS SITE, UNLESS OTHERWISE AGREED.

c. Purchases and Payment

The Site may offer products and/or services that can be purchased by or licensed to you. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your Account/profile.

d. Cancellation and Account Deletion

You may cancel your Account at any time by emailing us at admin@k-bim.com. At cancellation, your Account will be inactivated and you will no longer be able to log into your Account.

e. Links to Third-Party Websites

This Site may contain links to other websites on the Internet, which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.

f. Reliance on Information Posted

We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other User of our Site, or by anyone who may be informed of any of our Site’s contents.

g. Exiting Our Site

You agree to sign out of your Account, each time you prepare to leave our Site.

2. Conduct and Behavior

You are solely responsible for all of your activity while using the Site.

As a condition of use of the Site, you represent and warrant that you shall not use our Site for any purpose that is unlawful, illegal, or prohibited by these Terms of Use. You agree to abide by all applicable federal, state, local, rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.
You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.
You will not use, choose, or otherwise select a username that is subject to the rights of another party, without that party’s express authorization.
You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
You agree to maintain a positive sense of decorum in all of your interactions with other Users on our Site and with Site employees. You agree to maintain a courteous and professional rapport, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of this Site.

3. Feedback

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company via our Site, by e-mail or telephone, by mail, or otherwise disclosed, submitted, or offered in connection with your use of our Site (collectively, “User Submissions”) you grant the Company a royalty-free, irrevocable, transferable right and license to use the User Submissions however the Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, or technology throughout the world.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivate works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you. The Company is and shall be under no obligation (1) to maintain any User submissions in confidence; (2) to pay to User any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to the Company will not violate the terms of any rights of any third party, including without limitation, copyright, trademark, privacy, or other personal proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to the Company will be libelous or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.

4. Intellectual Property

Our Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, KBIM, LLC, owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site database(s), as part of our Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of our Site’s content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying services and the content published herein, by your use of our Site. Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use our Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the administrator. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Our Site or any portion of our Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Site without express written consent. Any unauthorized use terminates the permission or license granted by our Site. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors.

5. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others

Your responsibility. When you post or otherwise submit information to our Site, you represent and warrant that you have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that you will not post any information to our Site, in any format, including but not limited to text, image, video, or audio, that you do not own.
A user may not: (a) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, or any other content contained on this Site in any form without prior written consent; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (c) copy, distribute, or reproduce any aspect of this Site or the information contained therein; (d) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works, or improvements of any products, product designs, or services featured on this Site; or (e) reverse engineer, disassemble, decompile, decode, or adapt any products, product designs, or services featured on this Site.

6. Disclaimer of Warranties

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

KBIM, LLC, TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SITE OR INFORMATION FOUND ON OUR SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN OR ON OUR SITE. WE DO NOT WARRANT THAT OUR SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE. PURCHASES OF THE FAMILY COMPONENT CONTENT LIBRARIES ARE SOLD “AS-IS”, NO REFUNDING AVAILABLE.

7. Your Own Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.

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 site or to your downloading of any material posted on it, or on any third-party website linked to it.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our Terms of Use with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE KBIM, LLC, TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF OUR SITE.

You acknowledge that you are responsible for any actions you take while on our Site. You recognize that your use of our Site and any subsequent actions arising from your use of our Site are taken solely at your own risk.

IN NO EVENT WILL KBIM, LLC, OUR COMPANIES, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITE, 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, LOSS OF BUSINESS OPPORTUNITIES, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You will indemnify, defend, and hold harmless KBIM, LLC, our companies, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:

your access to or use of our Site, including but not limited to its services and its content;
your violation of any of the provisions of these Terms of Use;
any activity related to your account by you or any other person accessing our Site through your Account, including, without limitation, negligent or wrongful conduct; or
your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to your use of our Site, along with your use of our Site’s content and services, other than as expressly authorized in this Terms of Use, your use of any information obtained from our Site, and any information you provide to our Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Our Compliance with COPPA

THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.

Moreover, if you are under 18 years of age, you should not provide any personally identifiable information on our Site without the knowledge and permission of your parent or guardian.

11. Governing Law and Venue

The Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Williamson County, Nashville, Tennessee. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

12. Severability and Waiver

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein 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 us to assert a right or provision shall not constitute a waiver of such right or provision.

13. Changes to the Terms of Use

We will make changes to these Terms of Use from time to time. The date that these Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Site and these Terms of Use to check for any changes.

14. Contact Us

To ask questions or comment about these Terms of Use, you may contact us at:

E-mail Address: admin@k-bim.com

Mailing Address: Attention: Website Inquiry

1420 Brenthaven Drive, Brentwood, TN 37027

15. Entire Agreement

These Terms of Use, along with the Privacy Policy, represent the entire understanding and complete agreement by and among you and KBIM, LLC.

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.