Website Terms of Use

 

Acceptance of the Terms of Use

These terms of use are entered into by and between you and BKPK, Inc., a Delaware corporation, doing business as BKPK (collectively, referred to as “BKPK”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.bkpk.ai, including any content, functionality, and services offered on or through www.bkpk.ai (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.bkpk.ai/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with BKPK and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The date the Terms of Use was last revised is identified at the top of the page.

It is our policy to post any change we make on this page and with a notice that the Terms of Use has been updated on the Website home page. If you maintain an account with us, we will also send a copy of the updated terms to your email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Terms of Use page to check for any changes.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Mobile Messaging

By consenting to receive mobile text messaging from BKPK via one of our dedicated web forms, you are agreeing to receive recurring text messages regarding marketing offers, transactional matters (including related to your account), and any other matters related to the Website, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent to receiving mobile text messaging not a condition of purchase.

If you wish to stop receiving text messages from Us, reply with STOP to any text message sent from us. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for signing up to receive mobile text messaging from BKPK, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in this Agreement.

We have the right to modify any telephone number or short code we use to operate our mobile text messaging service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent via our mobile text messaging, any errors in such information, and/or any action you may or may not take in reliance on the information or participating in our mobile text messaging.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BKPK, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: marketing@bkpk.ai.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BKPK. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

BKPK name, the terms bkpk, the BKPK logo mark, and all related names, logos, product and service names, designs, and slogans are trademarks of BKPK or its affiliates or licensors. You must not use such marks without the prior written permission of BKPK. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate BKPK, a BKPK employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm BKPK or users of the Website, or expose them to liability.

• Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

   

  User Contributions

  The Website may contain forums, comment and review posting capabilities, bulletin boards and other interactive features, such as messaging with BKPK, (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to BKPK, other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

  All User Contributions must comply with the Content Standards set out in these Terms of Use.

  Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings. 

  You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 

  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not BKPK, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

  Monitoring and Enforcement; Termination

  We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for BKPK.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use.

  Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BKPK AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

  Content Standards

  These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

   

  Copyright Infringement

  If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of BKPK to terminate the user accounts of repeat infringers.

  Reliance on Information Posted

  The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

  While BKPK takes reasonable steps to post correct prices and accurately describe and display items available on the Website, BKPK does not warrant the accuracy of this information, and item descriptions may not be accurate, complete, current or error-free – especially when we are describing potential new products being developed through crowdfunding.  Further, item packaging may not match the actual packaging received. Where the correct price of an item is higher than a stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation.  Please see our Terms of Sale for more information on if there are any applicable warranties and if returns are allowed for specific products and services purchased from us. Please note that our Terms of Sale relate to purchase of products and services, and do not apply when you are participating in a crowdfunding campaign.  Please see Crowdfunding for information on how this works on our Website.  

  This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BKPK, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BKPK. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  Crowdfunding Projects

  From time to time, we may make available opportunities for you to back the development of a new BKPK product by providing early-stage backing in return for the right to be an early purchaser of the product should it be brought to market.  Information on each crowdfunding project will be provided at the time of the campaign, but this section of our Terms of Use provides general information on how BKPK crowdfunding works.

  BKPK will provide you with the general product description and goal of the campaign.  For each campaign, BKPK will disclose the number of funders allowed (if there are limits) and general information on how the funding will be used to move forward with manufacturing the anticipated product, as well as a general description of the anticipated product, estimated delivery date(s) and any other project rewards for backers. Because development is still underway, the actual product produced, and actual delivery date(s), may differ from the general description provided at the time of a campaign. Further, while BKPK has acted in good faith to calculate the number of backers needed for a successful development and meet the estimated product delivery date(s), additional costs, problems or circumstances may result in BKPK postponing the product delivery date(s) or even being unable to deliver the product to market at all.   Backers may not receive their anticipated reward.  Please carefully consider these risks before deciding to become a crowdfunding participant. If you have any questions about a particular campaign or, in general, how BKPK crowdfunding works, please contact us at help@bkpk.ai. 

  Please keep in mind the following terms that govern all crowdfunding projects between BKPK and each crowdfunding participant:

  1. Participants acknowledge and agree that they are not buying a product when they back a campaign.  Participants are helping BKPK potentially create something new, not ordering an existing item.  Every campaign will be different. There may be changes and/or delays, as well as a chance that BKPK is unable to finish the project.  Nothing is guaranteed.
  2. Backers are purchasing a right to an anticipated project reward (typically the right to be an early purchaser of an anticipated new product at reduced pricing).  So, each time BKPK collects pledged funds from a backer, this acts as a conditional, multipurpose voucher for the backer that is only redeemable if: 
     • The production period is successful; and
     • The backer timely redeems the voucher for the associated reward, including timely providing all necessary information to BKPK to determine and charge the backer for the product, shipping, sales and other taxes in exchange for the redemption.

  These rights are unique each backer and may not be transferred. If a backer desires to pledge to receive more than one anticipated project reward (i.e. the backer desires to purchase multiple items once the anticipated product is brought to market), the backer may do so by pledging multiple times to the same project campaign.

  • BKPK will, in its sole discretion, notify backers of their right to redemption and provide details at the time of notification on any applicable redemption time-periods (which will typically be 90 days from being notified by BKPK of the right to redeem) and the necessary information to successfully redeem.  Redemptions may not be offered at one time to all backers, and may also not be offered on a first in, first out basis.  For example, in some campaigns, backers may be given different redemption periods based on where they reside or other criteria determined by BKPK.   
  • Backers may cancel their participation in a campaign and receive a full refund at any time while a project is ongoing (including through any applicable redemption time-periods). However, if a project has been terminated by BKPK prior to completion, backers may no longer cancel their participation.  BKPK will notify backers of any project terminated prior to completion and provide the remedies set forth in Section 5 below.   
  • BKPK will work diligently in good faith to complete all projects. But, if BKPK is unable to complete a project and redeem issued multipurpose vouchers, as BKPK’s sole liability to backers and backers sole remedy, BKPK will:
  1. • NOTIFY BACKERS THAT THE PROJECT HAS BEEN TERMINATED BY SENDING EMAIL TO THEIR EMAIL ON FILE AND POSTING A NOTICE ON the WEBSITE. 
     • Post ON the WEBSITE an update that explains what has been done in the project, how funding was used, and what prevented completion of the project;
     • Offer to return any remaining campaign funding to the backers who have not received a reward (pro-rata), or else explain how those funds will be used in an alternative form.
  • You, as a backer, acknowledge and agree that you have been advised of the risks associated with crowdfunding, understand that you may not receive any reward in return for participating as a backer, and accept that your sole remedy and BKPK’s sole liability in the case of A TERMINATED, unsuccessful project is as set forth in this Section.

   

  Crowdfunding Pledges

  If you elect to become a backer in a crowdfunding campaign, you will only be charged at the time of your pledge and acknowledge that BKPK has the immediate right to use your pledge for the project.  

  You can cancel or modify your pledge at any time, and receive a full refund at any time while a project is ongoing (including through the any applicable redemption time-periods). However, if a project has been terminated by BKPK prior to completion, backers may no longer cancel their participation.  Please contact BKPK at help@bkpk.ai, if would like to make a request to modify or change your pledge. 

  If a project is terminated by BKPK prior to completion, you cannot cancel or modify your pledge, and will not be entitle to any refund except in the limited circumstance of an uncompleted project where funds remain to be pro-rated returned to backers who have not received a reward. Please see Crowdfunding Projects.

  Purchases and Other Terms and Conditions

  All purchases of products through our site or other transactions for the sale of goods or services carried out through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.  Please note that these Terms of Sale do not cover crowdfunding campaigns.  Crowdfunding terms are posted under Crowdfunding Projects and Crowdfunding Pledges.

  Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

  Changes to the Website

  We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

  Information About You and Your Visits to the Website

  All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

  Linking to the Website and Social Media Features

  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

  This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

  You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

  The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

  You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

  We may disable all or any social media features and any links at any time without notice in our discretion. 

  Links from the Website

  If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  Geographic Restrictions

  The owner of the Website is based in the State of Arizona in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  Disclaimer of Warranties

  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

  YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BKPK NOR ANY PERSON ASSOCIATED WITH BKPK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BKPK NOR ANYONE ASSOCIATED WITH BKPK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

  TO THE FULLEST EXTENT PROVIDED BY LAW, BKPK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  Limitation on Liability

  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BKPK OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY 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 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 DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, AND PRODUCTS, SERVICES OR CROWDFUNDING CAMPAIGNS OFFER ON THE WEBSITE OR ANY WEBSITES LINKED TO IT.  

  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BKPK AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF [$NUMBER] OR THE AMOUNT YOU HAVE PAID TO BKPK [IN THE LAST [NUMBER] MONTHS] FOR THE APPLICABLE PRODUCT, SERVICE OR CROWDFUNDING CAMPAIGN OUT OF WHICH LIABILITY AROSE.

  The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  Indemnification

  You agree to defend, indemnify, and hold harmless BKPK, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

  Governing Law and Jurisdiction

  All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in Maricopa County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  Arbitration

  At BKPK’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

  Limitation on Time to File Claims

  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  Waiver and Severability

  No waiver by BKPK of any term or condition set out in these Terms of Use 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 BKPK to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

  Entire Agreement

  The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and  BKPK regarding the Website (including the products, services and crowdfunding campaigns offered on the Website) and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same. 

  Your Comments and Concerns

  This website is operated by BKPK, Inc..

  All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

  All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: marketing@bkpk.ai.