Terms and Conditions

                                                                          TERMS OF USE

These Terms of Use (“Terms”) apply to the use of the Kingdom Business Daily LLC services (“Services”). The Services are provided by Kingdom Business Daily LLC (“we,” “us” or “our”), and these Terms represent a binding agreement between you as the user of the Services (“user,” “you” or “your”) and Kingdom Business Daily LLC. By accessing or using the Services, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately discontinue the use of any Services.  

NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION UNDER WHICH YOU ARE OBLIGATED TO LITIGATE CLAIMS IN A PRIVATE ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS SPECIFIED IN SECTION 13. YOU FURTHER WAIVE THE RIGHT TO A TRIAL BY JURY AND TO BRINGING ANY CLAIMS IN A REPRESENTATIVE ACTION OR AS A CLASS ACTION.

1. Description

Kingdom Business Daily LLC is a Christian organization that provides services such as pregnancy, childbirth and postpartum doula care, homemade herbal remedies, and faith building counsel through coaching and music. We pride ourselves in being Kingdom of God builders and convey this work to the clients we serve. We are located in Chicago, Illinois, and we service clients throughout the Chicagoland area and surrounding cities. 

2. Changes

Our Services may evolve and change over time. For this reason, we may from time to time modify, amend or vary these Terms (collectively, “Modifications”) to cover new Services or to comply with changes in the law. Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the Services, you are deemed to have accepted such Modifications.  If you do not agree to such Modifications, you should discontinue use of any Services.

3. Eligibility, Registration and Fees. 

You must be at least 16 years of age and a resident in the United States. You further affirm that (a) you are not a resident of (or will use the Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations, and (b) you are fully able and competent, or have the consent of your parent or legal guardian, to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. 

You agree to provide complete and accurate information when registering to become a member to use our Services and to keep that information updated. You are responsible for maintaining the confidentiality of your user name and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. You are responsible for all activities on your account whether authorized or not. 

You represent that:

· You will fully comply with all applicable laws and agreements that govern your use of the Services; and

· You will not use the Services in violation of any law or for any fraudulent or illegal activity.

4. Fees

If you use Services that require payment of fees, you agree to provide us a valid credit card and authorize use to charge the fees until you terminate your Services. If you fail to pay any fees, we may terminate or suspend your access to the Services until such fees are paid in full. 

5. What Data Do We Collect and What We Do With Your Data? 

As noted in our Privacy Policy, we may track certain information about your Device and your use of the Services to, among other things, help us provide and improve the Services. This information includes information about a user’s movements and behaviors online using our Services and contact information (name, email address, phone number).

Any personal information that you provide through the Services will be processed and shared in accordance with our Privacy Policy. 

6. Intellectual Property and Feedback

Kingdom Business Daily LLC and its associated logos are the trademarks of Kingdom Business Daily LLC (“Kingdom Business Daily LLC Trademarks”). Any expressions, artwork, information, video, audio, text, or other content provided through the Services (collectively, the “Content”) are owned by Kingdom Business Daily LLC. Other trademarks, service marks, graphics and logos are the trademarks of their respective owners (collectively “Third Party Trademarks”).  The Kingdom Business Daily LLC Trademarks, Content and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Kingdom Business Daily LLC or the applicable trademark holder.  The Services and Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to Kingdom Business Daily LLC and its licensors. We welcome your comments, suggestions, ideas or other feedback (“Feedback”) about our Services. If you provide Feedback, you agree that we can use that Feedback for any purpose, including to improve the Services, without further obligation (including payment) to you. 

7. Prohibited Uses

We want to make the Services a safe and secure place for our users. For this reason, we must prohibit certain kinds of activities and conduct. You agree not to use the Services in any way or engage in any conduct that:

· Is unlawful, illegal or unauthorized;

· Is defamatory of any other person;

· Is obscene, sexually explicit or offensive;

· Advertises or promotes any other product or business;

· Is likely to harass, upset, embarrass, alarm or annoy any other person;

· Is likely to disrupt our service in any way; 

· Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

· Infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or 

· Advocates, promotes or assists any violence or any unlawful act.

You further agree not to:

· Publish and/or make any use of the Services on any website, media, network or system other than those provided by us, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Services (or any part thereof);

· Use any “robot,” “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;

· Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the Kingdom Business Daily LLC Trademarks and/or variations and misspellings thereof;

· Impersonate any person or entity or provide false information while using the Services, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;

· Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorse you, or any statement you make;

· Reverse look-up, trace or seek to trace another user of the Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent;

· Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services or the account of another user or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;

· Probe, scan or test the vulnerability of the Services or any network connected to the Services;

· Upload to the Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component;

· Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies or regulations of such servers or networks; or

· Use the Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.

8. Third Party Links

The Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively “External Applications”) for your convenience. We are not and cannot be responsible for the External Applications’ content, operation or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Applications, which you use at your own risk.

9. Indemnification

You are responsible for your activities while using the Services. In light of this, we need to be protected from claims relating to your activities. You agree to defend, indemnify and hold harmless Kingdom Business Daily LLC, and its affiliates, officers, directors, managers, members, employees and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorneys’ fees) arising from your use of the Services or your breach of these Terms.  Basically, this means that if we get sued because of some action you took, you will defend that lawsuit and pay any damages awarded or settlements entered into. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.

10. Disclaimer of Warranties

We provide the Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied.  To the fullest extent permitted by applicable law, Kingdom Business Daily LLC hereby excludes all warranties, whether express or implied, including any warranties of merchantability or fitness for a particular use.

11. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KINGDOM BUSINESS DAILY LLC NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICES IS TO STOP USING THE SERVICES, AS APPLICABLE. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. Governing Law 

These Terms shall be governed by the laws of the State of Illinois, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of Cook County, Illinois with regard to any dispute arising out of or relating to these Terms. YOU WAIVE YOUR RIGHT TO A CLASS ACTION OR TO A JURY IN THE EVENT OF ANY DISPUTE THAT PROCEEDS IN STATE OR FEDERAL COURT. 

13. Dispute Resolution

YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND KINGDOM BUSINESS DAILY LLC. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.

We want to resolve amicably any claims or concerns you may have regarding the Services. Therefore, before either you or we can initiate a legal action, unless it is for injunctive relief, we shall first attempt to contact the other party to discuss a resolution. You must submit your claim in writing by sending an email to the email address below.  We will contact you at the email address you provide when you register to use the Services. Neither Party may initiate either arbitration or other legal action for thirty (30) days after receipt of the claim. 

If we cannot resolve the matter amicably, unless you have opted out as set forth below, you and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the Services (“Dispute”) will be determined by mandatory binding individual (not class) arbitration. You and Kingdom Business Daily LLC further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim.  Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

You and Kingdom Business Daily LLC both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court; (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator; or (3) any claim by Kingdom Business Daily LLC in a court of law for violation of its intellectual property rights.  In addition, this arbitration provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

Either you or we may start arbitration proceedings. Any arbitration between you and Kingdom Business Daily LLC will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this arbitration provision. You and Kingdom Business Daily LLC agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).  The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. 

Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or Kingdom Business Daily LLC may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.

Each party shall pay arbitration fees in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this section shall govern any claim in court arising out of or related to the Terms.

OPT-OUT OF ARBITRATION: You may opt out of the binding arbitration described in this section by sending Kingdom Business Daily LLC written notice of your desire to do so by email at info@kingdombusinessdaily.com within thirty (30) days following the date you first use our Services (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Kingdom Business Daily LLC with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above.

14. Mass Action Waiver

You and Kingdom Business Daily LLC expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Kingdom Business Daily LLC are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Kingdom Business Daily LLC’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this Dispute Resolution provision, this Mass Action Waiver does not prevent you or Kingdom Business Daily LLC from participating in a mass settlement of claims.

Notwithstanding any provision to the contrary in AAA Rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) Kingdom Business Daily LLC shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Kingdom Business Daily LLC may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver.

15. No Class Actions

NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of this “Dispute Resolution by Binding Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

16. Termination

These Terms are effective unless and until terminated by Kingdom Business Daily LLC. You may discontinue any further use of the Services, but these Terms will continue to apply to your use of the Services prior to such discontinuance. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of Services. Upon any termination of the Terms by either you or us, you must promptly cease using the Services. Sections 6,  and 9 through 17 will continue to apply even after the Terms and Services have been terminated or suspended.

17. General

These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Kingdom Business Daily LLC with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by Kingdom Business Daily LLC as provided herein or otherwise by written instrument signed by Kingdom Business Daily LLC. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Kingdom Business Daily LLC’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Kingdom Business Daily LLC may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

18. Contact Us

If you have any questions regarding our Services, you can email us at info@kingdombusinessdaily.com.