Cancellation Policy

Either Member or Kivimarkings may terminate or cancel Member’s Service Account and/or Member’s use of and access to all or part of the Services and Member Sites at any time, as follows:

a. Termination by Member. Member may cancel Member’s Service Account or any part of the Services at any time. To cancel, Member must contact customer support through the website URL referenced in Section 4 above. Member will receive a cancellation confirmation via email after Kivimarkings processes Member’s cancellation request. Upon confirmation of such cancellation, Kivimarkings will refund on pro rata basis . Kivimarkings also reserves the right to collect fees incurred before Member cancels Member’s Service Account in addition to any applicable cancellation fee(s).

Member must provide Kivimarkings with the following information in order for Kivimarkings to process the cancellation:

(a) The exact name of the Services that Member would like to cancel; (b) Member’s email address; (c) Member’s billing information, including the credit card number that the Member used when purchasing the Services; and (d) Member’s reason for cancelling the Services.
b.Termination by Kivimarkings. Kivimarkings, in its sole discretion, may terminate Member’s Service Account and this Agreement and Member’s use of and access to the Services and Member Sites, including without limitation any related domain names, at any time and for any reason, including, without limitation, (i) if Member breaches this Agreement, including, without limitation, due to (X) failure of Member to make any required payments to Kivimarkings when due, or (Y) failure of Member to comply with the member conduct rules set forth in this Agreement, including without limitation Sections 8 and 12 above; (ii) if Kivimarkings is unable to verify or authenticate any information that Member provides to Kivimarkings; (iii) Kivimarkings concludes in its sole discretion that Member’s use of or access to the Services or Member Sites may result in liability to Kivimarkings or its suppliers or licensors, or (iv) upon the bankruptcy or insolvency of Member, or (v) Kivimarkings concludes in its sole discretion that Member is convicted of a felony or involved in a serious offense related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Kivimarkings reasonably deems as the substantive equivalent of any of these. If Kivimarkings terminates Member’s Service Account pursuant to (i), (ii), (iii), (iv) or (v) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and Kivimarkings shall not be required to refund, redeem, or pay any such or other amounts to Member.

c. Effect of Termination. Upon cancellation or other termination of Member’s Service Account for any reason, Kivimarkings shall (a) collect all fees, commitments and obligations incurred or accrued by Member; (b) delete any or all Member Content, Member Data, End-User Data, listings, messages or other information in connection with Member’s Service Account and Member’s use of or access to the Services and Member Site; (c) all unfulfilled obligations and liabilities of Member under such agreements and Kivimarkings’s rights under this Agreement which shall survive termination of this Agreement, and (d) prohibit Member’s access to and use of Member’s Service Account, the Services and the Member Sites, including without limitation by deactivating Member’s password. In no event shall Kivimarkings be required to return any Member Content to Member upon any such termination. Kivimarkings is not responsible for any damages to or losses incurred by Member or any third party in the event Member chooses to cancel the Member’s Service Account and Kivimarkings takes any of the above actions.

Notwithstanding anything contained herein, Member understands and agrees that Member’s cancellation of Member’s Service Account is Member’s sole and exclusive right and remedy with respect to any dispute with Kivimarkings. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Kivimarkings’s enforcement or application of any such term; (2) any policy or practice of Kivimarkings or Kivimarkings’s enforcement or application of these policies; (3) any content available through the Services or any change in content provided through the Services; (4) Member’s ability to access or use the Services or Member Sites; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes including GST, surcharges or billing methods, if any