Effective date: 1st January 2024

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This Terms of Use Agreement (“ToU”) is made between Kirkwood Blvd (“Kirkwood Blvd,” “we,” “us” or ”our”) and you, the individual choosing to use our online services (“you” or the “user”). 

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1.) Introduction

Welcome to Kirkwood Blvd, a premier provider of Wix website templates and Canva templates specifically designed for real estate agents. This document, the Terms and Conditions (the "Terms"), governs your access to and use of our digital products and services. By accessing or using any part of our website, services, or products, you agree to be bound by these Terms. These Terms apply to all users of our website, including without limitation users who are browsers, customers, merchants, and contributors of content.

 

2). Acceptance of Terms

By using the website located at Kirkwood Blvd (the "Site"), you agree to these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the Terms.

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3). Changes to Terms

Kirkwood Blvd reserves the right, at its sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the services following the posting of any changes to these Terms constitutes acceptance of those changes.

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4). User Eligibility

Our services are intended only for users who are at least 18 years of age. By agreeing to these Terms, you represent that you are at least 18. If you are under 18, you may use our services only with involvement of a parent or guardian.

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5). Account Registration

To access certain features of our website, you may be required to register for an account. When you register for an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kirkwood Blvd immediately of any breach of security or unauthorized use of your account.

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6). License to Use Products

Upon purchase, Kirkwood Blvd grants you a non-exclusive, non-transferable, single-use license to use the website and Canva templates. These templates are solely for your personal or business use and may not be resold, redistributed, or used for any commercial purposes other than as explicitly permitted by these Terms. The reuse, reproduction, modification, or distribution of the templates in any form is strictly prohibited unless expressly permitted by Kirkwood Blvd.

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7). Template Availability

The availability of our templates is subject to change without notice. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. Due to the limited release nature of our templates, we cannot guarantee the continuous availability of any specific template.

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8). Pricing and Billing

The prices for our digital products are listed on our website and are subject to change without notice. All payments are due upon purchase. Kirkwood Blvd offers payment in full at the time of purchase or through an installment payment plan facilitated by ThriveCart. It is your responsibility to ensure that all payment information is accurate and up to date. By making a purchase, you represent that you have the legal right to use any credit or debit card or other payment methods used to initiate any transaction.

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9). Product Delivery

Upon completion of your purchase, website templates will be emailed to you within 24 hours, and Canva templates will be made available for immediate download. The delivery timeline is an estimate and may be subject to delays. Kirkwood Blvd is not responsible for any delays in delivery due to circumstances beyond our control.

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10.) Intellectual Property Rights

All templates, graphics, images, text, and other materials provided by Kirkwood Blvd are the property of Kirkwood Blvd or its licensors and are protected by intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service or access to the service or any contact on the website through which the service is provided, without express written permission by us.

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11). User-Submitted Content

If you submit, upload, or post any materials, comments, or content to our website (collectively, "User Content"), you grant Kirkwood Blvd a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such User Content. This license is for the sole purpose of enabling Kirkwood Blvd to display, distribute, and promote its services.

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12). Third-Party Links and Resources

Our website may contain links to third-party websites or resources that are not owned or controlled by Kirkwood Blvd. Kirkwood Blvd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Kirkwood Blvd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

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13). Use of Design Elements

The templates provided by Kirkwood Blvd may include certain design elements such as imagery, graphics, and fonts. These elements are provided for use solely within the scope of your project and are not to be extracted, replicated, or used separately from the template without express permission from Kirkwood Blvd or the respective copyright owners.

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14). Customization of Templates

You are permitted to customize and modify the purchased templates to suit your personal or business needs. However, such customization does not transfer ownership of the design elements to you. The original template, including any modifications or customizations you 

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15). Additional Services

Kirkwood Blvd may offer additional services, such as custom copywriting or specialized design assistance, either directly or through third-party providers. These services may be subject to additional terms and fees, and may be offered at Kirkwood Blvd's discretion. Users interested in these services should contact Kirkwood Blvd for more information and to understand any additional terms that may apply.

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16). Technical Support

Kirkwood Blvd provides technical support for templates purchased through our website. This support covers issues directly related to the functionality of the templates and does not include general technical support for Wix or Canva platforms. Support is provided via email and aims to respond within a reasonable timeframe. The scope and duration of support may vary based on the product purchased and will be detailed in the product description.

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17). Community Interaction Rules

Kirkwood Blvd may offer access to community forums, social media groups, or other interactive areas. Users participating in these areas are expected to adhere to community standards of conduct, which prohibit offensive, illegal, or harmful behavior. Kirkwood Blvd reserves the right to moderate, remove content, or restrict access for users who violate these standards.

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18). Account Suspension and Termination

Kirkwood Blvd reserves the right to suspend or terminate a user's account for violations of these Terms, illegal or unethical behavior, or for any other reason at Kirkwood Blvd's discretion. Users may also voluntarily terminate their accounts at any time. Termination may result in the forfeiture and destruction of all information associated with the account.

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19). Indemnification Clause

You agree to indemnify, defend, and hold harmless Kirkwood Blvd, its affiliates, officers, directors, employees, agents, licensors, and suppliers from any claim, demand, loss, damages, or expenses, including reasonable attorneys' fees, arising out of or related to your use of our services, violation of these Terms, or violation of any rights of a third party.

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20). Limitation of Liability

To the maximum extent permitted by law, Kirkwood Blvd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, use of, or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; or (d) unauthorized access, use, or alteration of your transmissions or content.

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21). Dispute Resolution

In the event of a dispute arising from or in connection with these Terms or the services provided by Kirkwood Blvd, the parties shall first attempt to resolve the dispute through amicable negotiations. If the dispute cannot be resolved informally, the parties agree to submit to binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where Kirkwood Blvd is located, and the prevailing party shall be entitled to recover its attorneys' fees and costs.

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22). Assignment and Transfer

You may not assign or transfer these Terms, or any rights or licenses granted hereunder, without the prior written consent of Kirkwood Blvd. However, Kirkwood Blvd may assign these Terms without restriction, including but not limited to a subsidiary or a successor in interest in connection with a corporate merger, consolidation, restructuring, sale of assets, or other corporate reorganization.

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23). Survival of Terms

Certain provisions of these Terms, by their nature, should survive termination or expiration. This includes, but is not limited to, sections concerning intellectual property, indemnification, limitation of liability, and dispute resolution. Termination of your access to the services or any account you may have or portion thereof will not affect our rights or your obligations under these Terms.

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24). Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of US in the State we are operating from without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the services will be brought solely in the same State as per our choice, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

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25). Entire Agreement and Severability

These Terms, together with any amendments and any additional agreements you may enter into with Kirkwood Blvd in connection with the services, shall constitute the entire agreement between you and Kirkwood Blvd concerning the services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

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26). No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kirkwood Blvd's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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27). Amendments to Terms

Kirkwood Blvd reserves the right to amend or revise these Terms at any time. We will provide notice of any changes by posting the revised Terms on our website and/or by other means. Your continued use of the services after the effective date of the revised Terms constitutes your acceptance of the terms.

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28). Contact Information

For any questions about these Terms, please contact us at hello@kirkwoodblvd.com