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Kaza Marketing Solutions LLC Website Terms and Conditions

Last Updated January 01, 2024. These terms and conditions are effective immediately. 

Please read the following carefully as they affect your legal rights. This set of terms and conditions includes a class action waiver and requires binding arbitration on an individual basis to resolve disputes. Your use of our services constitutes your agreement to follow and be bound by this set of terms and conditions. The social media services provided on this website are intended to assist real estate professionals in enhancing their social media content and online presence. Please read and understand the following terms and conditions. By using our social media services, you acknowledge that you have read, understood, and agree to adhere to these terms and conditions.

Acceptance of Our Terms:

  1. By using the services provided by Kaza Marketing Solutions LLC (“Company”), you agree to be bound by the following terms and conditions (“Terms”):
  2. Agreement to Terms. You acknowledge that you have read, understood, and agree to these Terms. If you do not agree with any part of these Terms, please do not use the Company’s services.
  3. Changes to Terms. The Company reserves the right to modify or revise these Terms at any time. Any changes will be effective immediately upon posting on the Company’s website. Your continued use of the services after any such changes constitutes your acceptance of the revised Terms.
  4. Eligibility: By using the Company’s services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
  5. Privacy Policy: Your use of the Company’s services is also governed by our Privacy Policy (see paragraph 36). By using these services, you consent to the collection and use of your information as described in the Privacy Policy.
  6. User Account: To access certain features of the Company’s services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activity or actions taken under your account.
  7. Payment Terms:
    1. Payment For monthly Plans. we will charge you on the first day of your subscription term and then automatically on the first day of each subsequent month (“Monthly Pay Date”). We will continue to charge you for your Plan on a monthly basis unless you decide to cancel. If you cancel in the month preceding your Monthly Pay Date, you will not be issued any refunds or credits of prepaid and unused fees for the remainder of the subscription term and you will continue to have access to our services until the following Monthly Pay Date. We reserve the right to increase pricing for our monthly Plans at any time as we may determine in our sole and absolute discretion. Any price changes to a monthly Plan will take effect on the next Monthly Pay Date following notice to you. Annual Plans. For Annual Plans, one (1) month will be free. We will charge you on the first day of your subscription term for the remaining eleven (11) months and then automatically on the first day of each subsequent year (“Annual Pay Date”). We will continue to charge you for your Plan on an annual basis, unless you decide to cancel at least thirty days prior to the Annual Pay Date by notifying your account manager or Info@KazaMarketingSolutions.com. If you cancel during the subscription term, you will not be issued any refunds or credits of any prepaid and unused fees for the remainder of the subscription term and you will continue to have access to our services until the following Annual Pay Date. Kaza Marketing Solutions LLC reserves the right to increase subscription fees for your annual Plan on your Annual Pay Date; provided, however, that such increase shall not exceed 10% over the fees related to the immediately preceding subscription term unless we provide you notice of different pricing at least sixty (60) days prior to the Annual Pay Date. Annual Plans with monthly payment. For annual Plans that pay on a monthly basis the twelfth (12) month will be free. we will charge you on the first day of your subscription term and then automatically on the first day of each subsequent month of your subscription term. We will continue to charge you for your Plan on a monthly basis throughout the duration of your subscription term and any subsequent renewal terms, unless you decide to cancel at least thirty (30) days prior to the end of your current subscription term by notifying your account manager or Info@KazaMarketingSolutions.com. If you cancel during the subscription term, you will not be issued any refunds or credits of any prepaid and unused fees for the remainder of the subscription term, and you will be required to pay any and all unpaid fees related to the subscription term. If you fail to make timely payments, any and all unpaid fees that are outstanding under the applicable service order may become immediately due and payable at Kaza Marketing Solutions LLC’s discretion. Kaza Marketing Solutions LLC reserves the right to increase subscription fees for your Plan upon the first day of your renewal subscription term; provided, however, that such increase shall not exceed 10% over the fees related to the immediately preceding subscription term unless we provide you notice of different pricing at least sixty (60) days prior to the applicable renewal term.
    2. Payment By Invoice. If we invoice you for your Plan, your subscription term will be detailed on the service order and your payment will be due upon receipt of the applicable invoice. Unless otherwise specified on your service order, if we do not receive payment within three(3) days of us issuing you the invoice, your account may be suspended, and you will lose access to the services. Unless otherwise specified on your service order, your Plan will automatically renew at the end of the subscription term. If you would like to cancel your Plan, you must provide such notice via email to Info@KazaMarketingSolutions.com at least thirty (30) days prior to the end of the subscription term. Kaza Marketing Solutions LLC reserves the right to increase subscription fees upon renewal; provided, however, that such increase shall not exceed 10% over the fees related to the immediately preceding subscription term unless we provide you notice of different pricing at least sixty (60) days prior to the applicable renewal term.
    3. Changes To Your Plan. If you choose to upgrade your Plan during your subscription term, you will be charged for the then-current price for the upgrade or prorated based on the number of days remaining in your subscription term. Unless otherwise specified on your service order, any upgrade that you add will be coterminous with the existing Plan and automatically renew at the end of the subscription term along with your Plan. If you choose to downgrade your Plan, you will not be issued any refunds or credits for the unused and prepaid fees in connection with the downgrade or removal. Downgrading your Plan may cause the loss of content, features, or capacity of your account and we will not be liable for any such loss.
    4. Credit Card and PayPal Authorization. By submitting your credit card or PayPal information to Kaza Marketing Solutions LLC, you authorize Kaza Marketing Solutions LLC to store this information with its third-party service providers and to charge the credit card or PayPal account you have provided to us until your account is terminated. In addition, you authorize us to use a third-party payment processor in processing payments. If your credit card expires,or is declined or your PayPal information requires an update, we will provide you notice via email. If, for any reason, your payment cannot be completed through credit card or PayPal, we may suspend your account until we receive payment. You can choose to set up a backup payment method that will be used if the primary method fails for any reason (such as an expired credit card or insufficient funds). By adding a backup payment method, you agree that, if your primary payment method fails, Kaza Marketing Solutions LLC can automatically charge your backup payment method to avoid any interruptions or suspensions to your account.
    5. Disputes and Late Payments. You must notify us in writing of any amounts you wish to dispute prior to the date such amounts would otherwise be due. Any undisputed amount not paid when due shall be subject to a finance charge of five percent (5%) of the unpaid balance per month (determined and compounded daily from the date due until the date paid) or the highest rate permitted by applicable law, whichever is less. You will also be required to reimburse us for any costs or expenses (including any reasonable attorneys’ fees) we incur to collect past due amounts. Any amounts due under these Terms shall not be withheld or offset by you against amounts due to you for any reason.
  8. Prohibited Activities: You agree not to engage in any of the following prohibited activities while using the Company’s services:
    • Violating any applicable laws or regulations.
    • Infringing upon the intellectual property rights of others.
    • Uploading, posting, or transmitting any content that is harmful, offensive, or violates the rights of others.
    • Attempting to gain unauthorized access to the Company’s systems or networks.
    • Interfering with or disrupting the services or servers or networks connected to the services.
    • Using any automated means to access or interact with the services.
  9. Cancellation And Termination
    • Termination by You. You may only cancel your Plan in accordance with Section 7 (Payment Terms) or in the event of an uncured material breach by Kaza Marketing Solutions LLC. If we fail to cure a material breach of these Terms within thirty (30) days of our receipt of written notice from you describing the breach, you may terminate your account and receive a prorated refund of any prepaid and unused fees. In all other instances of termination, you will not be entitled to any refunds of any prepaid and unused fees, and any unpaid fees under your Plan for the applicable subscription term will remain due and payable.
    • Termination by Us. We may restrict services or temporarily suspend your account if we reasonably believe that you have violated these Terms. Unless we believe that the need to restrict or suspend access is time-sensitive and requires immediate action without notice, or we are prohibited from providing notice under law or legal order, we will use commercially reasonable efforts to notify you by email prior to such suspension. We will not be liable to you or any third parties for any of the foregoing actions. We may terminate your account and use of our services for any of the following reasons: (i) you fail to comply with these Terms, (ii) you do not pay your fees in accordance with the payment terms under your Plan, (iii) at the expiration of the subscription period of your Plan if we provide prior written notice to you, (iv) you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (v) if we reasonably determine you are acting or have acted in a way that could present substantial reputational harm to Kaza Marketing Solutions LLC. In no event will any termination by us for the foregoing reasons entitle you to any refunds of any prepaid and unused fees or relieve you of your obligation to pay any fees payable to us prior to the date of termination, and any unpaid fees under your Plan will remain due and payable. Any suspected fraudulent, abusive, hateful, discriminatory or illegal activity may be grounds for immediate termination of your use of our services and may be referred to law enforcement authorities.

10.  Professional Guidance: Our social media services are not a substitute for professional advice. While we strive to improve the quality and appeal of your content and online presence, we do not provide real estate, content compliance, legal, financial, or any other professional advice. You should seek advice from qualified professionals for specific real estate or legal matters.

11.  Content Ownership: You retain full ownership and responsibility for the content you submit for editing. We do not claim ownership or rights over any content provided to us. Ensure that you have the appropriate rights to use and edit any third-party content in compliance with copyright and intellectual property laws.

12.  Privacy and Confidentiality: We prioritize the privacy and confidentiality of your content. However, we cannot guarantee absolute security. Please avoid sharing sensitive or confidential information in the content you submit for editing.

13.  Accuracy and Effectiveness: While we strive for accuracy and quality in our editing services, we do not guarantee the suitability, accuracy, or effectiveness of the edited content for your specific goals. The final decision on content usage and compliance with real estate regulations is your responsibility.

14.  Use at Your Own Risk: Your use of our services and reliance on edited content is at your own risk. We disclaim all warranties, express or implied, regarding the services provided, including any warranties of merchantability or fitness for a particular purpose.

15.  What You Own. You own all of the Content you provide to us. You grant us a nonexclusive, revocable, worldwide, limited, fully paid-up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze this information for the sole purpose of social media editing and posting to you and your Users. You represent and warrant that you are entitled to and authorized to submit the Content and that such Content you submit is accurate and not in violation of any contractual restrictions or third-party rights.

16.  Changes to Terms: We reserve the right to modify these terms and conditions at any time without prior notice. Users are responsible for regularly reviewing the website for terms and condition updates.

17.  Contact Information: If you have questions or concerns about our services, terms, or this disclaimer, please contact us at Info@KazaSocialMedia.com.

18.  Hold Harmless Clause:By using our social media editing and enhancement services, you agree to the following hold harmless agreement:

  • Release of Liability: You understand and acknowledge that the use of our services is at your own risk. We do not assume any liability for the outcome or consequences of the edited social media content.
  • Indemnification: You agree to indemnify and hold us, our officers, employees, and affiliates harmless from any claims, losses, damages, liabilities, costs, or expenses (including attorney’s fees) arising from or related to the use of our services, including any claims or disputes related to the content we edit.
  • Third-Party Actions: We are not responsible for any actions taken by third parties (such as social media platforms) in response to your edited content. This includes but is not limited to actions like content removal, account suspension, or any other sanctions.
  • No Warranty: We make no representations or warranties, express or implied, regarding the accuracy, effectiveness, or suitability of the edited content for your specific purposes. You acknowledge that the ultimate responsibility for the content and its compliance with real estate regulations rests with you.
  • Limitation of Liability: In no event shall we be liable for any indirect, consequential, special, incidental, or punitive damages, even if we have been advised of the possibility of such damages. Our liability is limited to the extent permitted by applicable law.
  • Governing Law:These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of California, U.S.A.
  • Venue: In circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A.
  • Modification of Content: You understand that you have the responsibility to review and approve all edited content before using it on any social media or online platforms. We do not assume responsibility for any errors, omissions, or inaccuracies in the edited content.
  • By using our social media services, you agree to release, indemnify, and hold us harmless from any claims or liabilities that may arise in connection with your use of our services. If you do not agree with this hold harmless clause, please refrain from using our services.

Agreement to Arbitrate Disputes:

  • Arbitration Agreement:If the Parties are unable to resolve a dispute in Good Faith, the Parties hereby agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the services provided by Kaza Marketing Solutions LLC (“Company”), including but not limited to the Services Agreement, these Terms and Conditions, or any other aspect of the relationship between you and the Company, through a confidential binding arbitration in Sacramento, CA, administered by a recognized arbitration provider in accordance with its rules.
  • Waiver of Class Action: You and the Company agree that any arbitration proceeding will be limited to the dispute between you and the Company individually. You and the Company expressly waive the right to bring, join, or participate in any class or collective action or representative lawsuit, arbitration, or other proceeding.
  • Arbitration Procedures: The arbitration will be conducted by a single arbitrator selected in accordance with the rules of the chosen arbitration provider. The arbitration shall take place in Sacramento, CA. The arbitrator’s decision and award will be final and binding and may be entered in any court of competent jurisdiction.
  • Costs and Attorney’s Fees: You agree to pay all costs of collection (including attorneys’ fees, costs, and other legal and collection expenses) incurred by Kaza Marketing Solutions LLC in connection with its enforcement of its right to payment under the Agreement. Any amounts not paid by you when due shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). If you dispute any payment with your credit card company or bank, and such dispute is resolved in Kaza Marketing Solutions LLC’s favor, you will be assessed a charge of $100 per dispute initiated. You acknowledge that this amount is not a penalty, but a reasonable amount of liquidated damages to compensate Kaza Marketing Solutions LLC for the additional costs incurred in defending your payment dispute.

  • Governing Law: This Agreement to Arbitrate Disputes shall be governed by and interpreted under the laws of Sacramento, CA without regard to its conflict of law principles.
  • Exceptions to Arbitration: Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  • . Voluntary and Knowing Waiver. BY ENTERING INTO THIS ARBITRATION AGREEMENT, CLIENT ACKNOWLEDGES AND AGREES THAT IT IS WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT IT MAY ONLY BRING A CLAIM IN ITS INDIVIDUAL CAPACITY, AND THAT IT WAIVES ANY RIGHT TO BRING AN ACTION AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. OTHER RIGHTS THAT CLIENT WOULD HAVE IF IT WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
  • Severability: If any part or provision of this Agreement to Arbitrate Disputes is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

20. Privacy Policy: Effective Date: January, 01, 2024

20.1 Kaza Marketing Solutions LLC (“Company,” “we,” “us,” or “our”) is committed to protecting the privacy of its users. This Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information when you use our services, including our website and any related applications (collectively, the “Services”). By accessing or using our Services, you consent to the practices described in this Privacy Policy.

20.2 Information We Collect

  • We may collect various types of information from and about you, including:
  • Personal Information: Information that identifies you, such as your name, email address, phone number, and other contact information.
  • Usage Data: Information about how you use our Services, including your IP address, device type, browser type, pages you visit, and the date and time of your visits.
  • User Content: Content you provide or post on our Services, including text, photos, videos, and other materials.
  • Device Information: Information about your device, such as its unique identifier, operating system, and mobile network information.
  • Social profiles, passwords and usernames.

20.2. How We Use Your Information

  • We may use your information for various purposes, including:
  • Providing and improving our Services.
  • Communicating with you, responding to your inquiries, and providing customer support.
  • Personalizing your experience and delivering content and advertisements that may be of interest to you.
  • Complying with legal obligations and protecting our rights and interests.
  • To enhance your online and social media presence.

20.3. Information Sharing

  • We may share your information with third parties under the following circumstances:
  • With your consent.
  • To provide the Services or fulfill your requests.
  • To comply with legal obligations.
  • To protect our rights and interests.
  • In connection with a business transfer or merger.
  • With service providers, business partners, and third parties as necessary to perform services on our behalf.

20.4. Cookies and Similar Technologies: We use cookies and similar technologies to collect information and enhance your experience. You can manage your cookie preferences through your browser settings.

20.5. Security: We employ reasonable security measures to protect your information. However, no data transmission over the internet or storage system can be guaranteed as completely secure.

20.6. Your Choices: You have certain rights and choices regarding your information, including the ability to access, correct, or delete your personal information. Please contact us to exercise these rights.

20.7. Children’s Privacy: Our Services are NOT intended for children under the age of 18. We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us.

20.8. Changes to this Privacy Policy: We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. The updated policy will be effective when posted. Your continued use of our Services following the posting of the updated policy constitutes your acceptance of the changes.

21. Miscellaneous

21.1. Use of Logo. As a Customer, you grant us the right to use your company name and logo on our website and in any promotional materials press releases, investor materials, and other communications. If you do not wish to have your name or logo be used in this way, or wish to remove your name or logo from such list, please email Info@KazaMarketingSolutions.com.

21.2.Updates To Terms. We may revise and update these Terms from time to time, in our sole discretion. Any changes we make to these Terms are effective immediately when we post them, and apply to all access to and use of the Website thereafter.You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

21.3.Force Majeure. Neither party will be liable for or be considered to be in breach or default of these Terms on account of any delay or failure to perform as required by these Terms (except for your obligations to make payments to Kaza Marketing Solutions LLC hereunder) as a result of any cause or condition beyond its reasonable control, so long as that party uses commercially reasonable efforts to avoid or remove the causes of non-performance.

21.4. ADA Compliance: You are solely responsible for all accessibility obligations related to your website including, but not limited to, maintaining your websites compliance with the American with Disabilities Act (ADA). We recommend you consult with an attorney versed in ADA compliance or with third party ADA website compliance service provider to ensure that your website is suitably accessible.

21.5. Relationship; Independent Contractor. Nothing herein shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.

21.6. Entire Agreement. Except for any service order, these Terms are the final and complete expression of the agreement between these parties regarding your use of our services. These Terms supersede and govern all previous representations and oral and written communications regarding these matters. Kaza Marketing Solutions LLC will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to these Terms (whether or not it would materially alter this agreement) that is proffered by you in any receipt, invoice, acceptance, purchase order, confirmation, correspondence, or otherwise, regardless of Kaza Marketing Solutions LLC’s failure to object to such terms, provisions or conditions.