Effective Date: July 12, 2026
1. Acceptance of Terms
By accessing or using the website located at www.kmarttcg.surf, including all subdomains, pages, content, and services offered through this website, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this website and its associated services.
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and KMARTTCG LLC, a limited liability company organized under the laws of the State of Utah, United States, with its principal place of business at 4268 S 3960 W, West Valley City, UT 84120-5445.
2. Definitions
For the purposes of these Terms of Service, the following definitions apply. Company or KMARTTCG refers to KMARTTCG LLC. Services refers to the computer systems design, integration, consulting, and related professional services provided by the Company. Website refers to www.kmarttcg.surf and all associated subdomains and pages. User or Client refers to any individual or entity that accesses the Website or engages the Services. Content refers to all text, images, graphics, code, software, data, and other materials available on or through the Website.
3. Description of Services
KMARTTCG LLC provides professional services in the fields of computer systems design and related services, computer integrated systems design, and related technical consulting. Our services fall within the Professional, Scientific, and Technical Services sector, alongside complementary fields including accounting and tax preparation, advertising and public relations, architectural and engineering services, legal services, management and technical consulting, scientific research and development, and specialized design services.
The specific scope, deliverables, timeline, and fees for any engagement shall be defined in a separate written agreement, statement of work, or service contract executed between KMARTTCG LLC and the Client. These Terms of Service govern the general use of the Website, while specific project terms will be governed by the applicable service agreement.
4. Intellectual Property Rights
All content, features, and functionality available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, code, data compilations, page layout, and design elements, are the exclusive property of KMARTTCG LLC or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The KMARTTCG name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of KMARTTCG LLC. You may not use such marks without the prior written permission of KMARTTCG LLC. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
For custom software, system designs, and deliverables created specifically for a Client under a service agreement, intellectual property ownership and licensing terms shall be defined in the applicable statement of work or service contract. Unless otherwise specified in writing, KMARTTCG LLC retains ownership of all pre-existing tools, libraries, frameworks, methodologies, and know-how used in the delivery of Services.
5. Use License
KMARTTCG LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes in accordance with these Terms. This license does not include any of the following.
- Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any Content obtained from the Website.
- Using the Website or Content for any commercial purpose not expressly permitted by KMARTTCG LLC.
- Attempting to decompile, reverse engineer, or disassemble any software or code available on the Website.
- Removing any copyright, trademark, or other proprietary notices from Content.
- Using any automated means, including robots, spiders, scrapers, or data mining tools, to access, acquire, or monitor any portion of the Website.
- Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Using the Website for any illegal purpose or in violation of any applicable laws or regulations.
6. User Obligations and Conduct
As a User of the Website, you agree to provide accurate, current, and complete information when submitting inquiries or engaging our services. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You agree not to upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially or ethnically objectionable. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to interfere with or disrupt the Website or servers or networks connected to the Website.
7. Disclaimers and Limitation of Liability
The Website and all Content, information, materials, and Services are provided on an as-is and as-available basis without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, KMARTTCG LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
KMARTTCG LLC does not warrant that the Website will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. KMARTTCG LLC does not make any warranties or representations regarding the accuracy, completeness, reliability, or currency of any Content or information on the Website.
To the maximum extent permitted by law, in no event shall KMARTTCG LLC, its officers, directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Website or Services, whether based on warranty, contract, tort, statute, or any other legal theory, even if KMARTTCG LLC has been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, KMARTTCG LLC's total aggregate liability shall be limited to the maximum extent permitted by law and in no event shall exceed the amount paid by you to KMARTTCG LLC, if any, for the specific Service giving rise to the claim during the twelve-month period preceding the event.
8. Indemnification
You agree to defend, indemnify, and hold harmless KMARTTCG LLC, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all 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 Service, your use of the Website or Services, or your violation of any rights of a third party.
9. Third-Party Links and Services
The Website may contain links to third-party websites or services that are not owned or controlled by KMARTTCG LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that KMARTTCG LLC shall not be responsible or liable 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 third-party websites or services.
10. Payment Terms
For professional services engagements, payment terms including fees, invoicing schedules, payment methods, and late payment provisions shall be specified in the applicable service agreement or statement of work. Unless otherwise agreed in writing, invoices are due within thirty days of the invoice date. Late payments may be subject to interest charges at the maximum rate permitted by applicable law.
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. Clients are responsible for payment of all such taxes, levies, or duties, excluding only taxes based on KMARTTCG LLC's net income.
11. Confidentiality
KMARTTCG LLC acknowledges that in the course of providing Services, it may receive confidential or proprietary information from Clients. Such confidential information may include business plans, technical specifications, source code, customer data, financial information, and trade secrets. KMARTTCG LLC agrees to hold all confidential information in strict confidence, to use such information only for the purpose of providing the agreed Services, and to protect such information with the same degree of care it uses to protect its own confidential information.
12. Termination
KMARTTCG LLC reserves the right, in its sole discretion, to terminate or suspend your access to the Website and Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
For service agreements, termination provisions including notice periods, cure periods, and effects of termination shall be defined in the applicable service agreement.
13. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal or state courts located in Salt Lake County, Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before initiating any formal legal proceedings, the parties agree to first attempt to resolve any dispute informally by contacting KMARTTCG LLC at api.tcg@kmarttcg.surf and engaging in good faith negotiations for a period of at least thirty days. Should informal resolution fail, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to take place in Salt Lake City, Utah.
14. Force Majeure
KMARTTCG LLC shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government orders, pandemics, labor strikes, telecommunications failures, power outages, or internet service interruptions.
15. Severability and Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' original intention as closely as possible, and the remaining provisions shall continue in full force and effect. The failure of KMARTTCG LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms of Service, together with our Privacy Policy and any applicable service agreement or statement of work, constitute the entire agreement between you and KMARTTCG LLC regarding your use of the Website and Services, superseding any prior agreements, communications, and proposals, whether oral or written, between you and KMARTTCG LLC.
17. Changes to Terms
KMARTTCG LLC reserves the right to modify or replace these Terms of Service at any time at its sole discretion. When we make material changes, we will post the updated Terms on this page and update the effective date. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website and Services.
18. Contact Information
For questions, concerns, or legal notices regarding these Terms of Service, please contact us.
KMARTTCG LLC
4268 S 3960 W
West Valley City, UT 84120-5445
United States
Email: api.tcg@kmarttcg.surf
Phone: +1 (520) 525-7026
Website: www.kmarttcg.surf