Definitions

The terms "we", "our", and "us" throughout this Agreement refer to the both the website
(Killer-Marketing-Tools.com) referred to hereinafter as “website” or “site”, and owners of the website
() referred to hereinafter as “company”.

The terms “visitor”, “viewer”, “user”, “subscriber”, “member”, “affiliate”, and “customer” are collectively referred to hereinafter as “visitor” or “you”.

The materials and content which are accessible from this website are collectively referred to hereinafter as “content”.

Overview

We are committed to establishing a solid relationship with our members built through quality of service, availability of customer service assistance, and trust. In an effort to illustrate the high standards we hold, we are providing the following detailed description of the terms of use of this website.

The purpose of this website is to offer its members useful and valuable Internet Marketing resources.

We are an independent website and are not affiliated with any of the listed merchants. The listed merchants do not endorse or sponsor this website. The merchants are not liable for any alleged or actual claims related to this offer. The merchant names, designs, and related marks are registered trademarks of their respective owners.


Site Access

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO ACCESS THIS WEB SITE FOR ANY REASON. THIS SITE IS NOT INTENDED FOR MINORS AND IS NOT SUBJECT TO THE CHILDREN’S ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete.  If our company believes the information you provide is not correct, current, or complete, we reserve the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time, without notice.
 

Proprietary Information

This website and any of our company's publications and content which may be accessed from it and any other website owned, operated, licensed, or controlled by our company is the proprietary information of our company or the party that provided the content to our company and are protected under all applicable copyright laws. Nothing on this website may be downloaded, reproduced, republished, posted, modified, distributed, used to create derivative works, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except (i) in the United States, as permitted under Section 107 or 108 of the 1976 United States Copyright Act, or internationally, as permitted by other applicable national copyright laws, or (ii) as expressly authorized on this website, or (iii) with the prior written permission of our company. Requests to the Publisher for permission should be sent through the Contact Us form.

You may download or print out one hard copy of a reasonable amount of material from this website for your own non-commercial research or study only, and order forms may be copied for the purpose of ordering products from us.

Restrictions on Use of Content

Content on this website is copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of our company or of other owners used with their permission.


Database Ownership, License, and Use

Our company warrants, and you accept, that our company is the owner of the copyright of the databases of links to articles and resources available from time to time through our company. Our company and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

Our company grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from our company's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.


Disclaimer

Your use of this website and our product(s) is at your own risk.

The materials in this website are provided "as is" and without warranties of any kind either express or implied. Our company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and downloading and/or using the content, software, product offered at this website is at the user’s sole risk. You understand that our company does not warrant that the functions contained in the materials, resources, or services offered will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.

Even though we check our files for any viruses, you are responsible for checking if files you download from our company are virus-free. You will not hold our company responsible in any way.

Our company does not warrant or make any representations regarding the use or the results of the use of the materials, resources, or services offered by this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not our company) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial, medical, or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to our company and such information should not be relied upon as all-inclusive or accurate.

The statements and opinions in the content are those of the individual contributors or advertisers, as indicated. We have used reasonable care and skill in compiling the content of this website. However, we make no warranty as to the accuracy or completeness of any information on this website and accept no responsibility or liability for any inaccuracy or errors and omissions, or for any damage or injury to persons or property arising out of the accessing or use of any content.


Liability

Under no circumstances, including, but not limited to, negligence, shall our company, subsidiaries, affiliates, employees, officers, directors, agents, contractors, or content providers be liable for any direct, indirect, incidental, actual, consequential (including loss of data, revenue, profits, use or other economic advantage), punitive, exemplary, special or other damages, losses, and causes of action that result from the use of, or the inability to use, the materials in this website, even if our company or an authorized representative of our company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this website or our products.

Customer Remedy

Our company’s entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our product, at our option.  We limit replacement to thirty days.  All remedies are limited to the United States.  Some states do not allow the limitation or exclusion or liability, so the above limitation or exclusion may not apply to you.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless our company, subsidiaries, affiliates, employees, officers, directors, agents, contractors, or content providers from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this website or our product.

Visitor agrees that in the event he/she causes damage, which our company is required to pay for, the Visitor, as a condition of viewing, promises to reimburse our company for all damages and losses.

Submissions

Visitor agrees as a condition of viewing, that any communication between Visitor and our company is deemed a submission.  All submissions, including portions thereof, or any of the content of the submission including remarks, suggestions, ideas, graphics, or other information communicated to our company through this website shall become the exclusive property of our company and may be used, without further permission, for commercial use without additional consideration of any kind.  Visitor agrees to only communicate that information to our company, which s/he wishes to forever allow our company to use in any manner as it sees fit.  Visitor hereby grants to our company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display of all submissions. Our company will treat any personal information that you submit through this website in accordance with the Privacy Policy as set forth on this website.


Hyper-Links

The owner of this website is not necessarily affiliated with websites that may be linked to this website and is not responsible for their content. The linked websites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of our company and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by our company or its subsidiaries and affiliates.

Marks

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of our company or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
 

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from our company, and all information to which you have access through password-protected areas of our company's website and will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever.

Certain areas of the website may be password restricted to authorized users ("Member Areas"). 
If you are an authorized user of the Member Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify us if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.  You agree that you are entirely responsible for any and all activities that occur under your account.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to the website known to you.


FORUMS

This website may make chat rooms, forums, message/discussion boards, and/or news groups, referred to hereinafter as “Forums”, available to its users.

In order to use the forums on this website, users are required to provide a username, password,  e-mail address, date of birth and any other information contained within the registration that we deem mandatory. Neither the administrators of these forums, or the moderators participating, are responsible for the privacy practices of any user. Remember that all information that is disclosed in these areas becomes public information and you should exercise caution when deciding to share any of your personal information. These forums give users two options for changing and modifying information that they provide in their profile:

Cookies must be turned on in your browser to participate as a user in these forums. Cookies are used here to hold your username and password and viewing options, allowing you to login.  All actions while in the forums are monitored for security reasons.  Your IP address is recorded upon entrance to the forums and is how we track users while using our services.

Please note that this is not a technical support website. The moderators, authors, or website administrators are not responsible for answering technical support questions or addressing issues involving any our company’s support. Please visit the Contact Us page to find out where to address your support issues.

Agreement to Rules of User Conduct

You agree to abide by the following Rules of User Conduct:

By posting information in or otherwise using any forum, or other interactive service, that may be available to you on or through this website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content that:

You also agree that you will not harvest or collect information about the users or members of this website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

We generally do not pre-screen, monitor, or edit the content posted by users of the forums or other interactive services that may be available on or through this website. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. We also reserve the right to limit a user’s access at any time for any reason. Violation of any of the Terms of Use can and in some cases will result in a user being banned from the website for a period of time to be determined by website management and could be indefinite.

Links to Third Party Websites

This website may be linked to other websites that are not under the control of or maintained by us.  You acknowledge that we are providing these links to you only as a convenience, and further agree that we are not responsible for the content or links displayed on such websites.

Third Party Content

We are a distributor (and not a publisher) of Third Party Content.  Accordingly, we have no more editorial control over such content than does a library or newsstand.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available as part of such Third Party Content are those of the respective provider(s) and not of our company. We do not guarantee the accuracy, completeness, or usefulness of any Third Party Content, nor its merchantability or fitness for any particular purpose.

Third Party Websites

Any third party websites which may be accessed through this website are the sole responsibility of the third party who is responsible for the posting of the website. We make no warranty, express or implied, as to the accuracy of any information on third party websites and accept no liability whatsoever for any errors and/or omissions or for any damage, injury, and/or losses to persons or property arising out of the use or operation of any content, instructions, methods or ideas contained on such websites.

Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify Customer Support by providing the following information:

International Use

We control and operate this website from its headquarters in the United States of America and make no representation that the content is appropriate or will be available for use in other locations.  If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the content and the Third Party Content.

Unless otherwise explicitly stated, all marketing or promotional material found on this website is solely directed to individuals, companies, or other entities located in the United States of America.

We make no representation that materials on this website are appropriate or available for use in locations outside the United States of America, and accessing them from territories where such contents are illegal and/or prohibited.  Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

Other Legal Stuff

These Terms of Use will apply to every access to our company and product. Our company reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this website: that version will then apply to all use by you following the date of publication. Each access of information from our company will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by you without our company's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the
State of Arizona, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate our company and/or its affiliates' intellectual property rights, our company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Phoenix, Arizona, USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Phoenix, Arizona, USA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Opting-Out

Website members are opted-in to receive our newsletters, special offers, bonuses, and partner offers at the time of enrollment. Members may opt-out of receiving these communications at any time by:
1) clicking on the opt-out link in the e-mail message you receive (the opt-out link can always be found at the end of our mailings), or 2) contacting us.

Cancellation

Members may cancel their account at anytime by notifying us at our Contact Us form. If you decide to cancel your membership and later wish to re-enroll, you will be assigned a new account.

Termination

This Terms of Use agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all our company website(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at our company's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this website and any and all other our company website(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Changes to this Agreement

Our company reserves the right to change this agreement, our Privacy Policy, and our other policies and agreements at any time without prior notification. Changes to this Terms of Use agreement shall be noticed by posting a revised Terms of Use agreement and its effective date on our website.  Please check this page periodically for changes. Your continued use of our website following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Contacting Us

If you have any questions about this agreement, the practices of this website, or your dealings with our company or this website, feel free to contact us at the following address:



We welcome feedback from you. Please contact us through our Contact Us form if you have any comments regarding the information or improvements that can be made to this agreement.

BY USING OUR SERVICES AND/OR THE WEBSITE, YOU EXPRESSLY CONSENT TO THE TERMS AS DESCRIBED IN THIS AGREEMENT.

You are responsible to keep checking this page for updates.

Last updated: January 2007