DATE OF LAST REVISION: 6/26/12
BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THIS WEB SITE.
These terms apply exclusively to your access to, and use of, the website of Kitterman Marketing Group, Inc. (“KMG”, “we” or “us” ), located at kittermanmarketing.com (the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with KMG, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and KMG for violations of these Terms.
KMG reserves the right to modify any of the terms and conditions contained in the Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Any modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such modifications. Your continued use of this Site following the posting of modifications will confirm your acceptance of such modifications. You should review the Terms and applicable policies frequently to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Questions or comments about the Site or its contents should be directed to
COPYRIGHT AND LIMITED LICENSE
The Site and all content and other materials on the Site, including, without limitation, the KMG logo, and all designs, text, graphics, pictures, information, data, software, files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of KMG or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials, (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of KMG, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“Kitterman Marketing Group,” “KMG”, the KMG logos and any other product or service name or slogan contained in the Site are trademarks of KMG and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KMG or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Kitterman Marketing Group” or any other name, trademark or product or service name of KMG without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of KMG and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and KMG names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray KMG or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a KMG logo or other proprietary graphic of KMG to link to this Site without the express written permission of KMG. Further, you may not use, frame, or utilize framing techniques to enclose, any KMG trademark, logo, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page on the Site without KMG’s express written consent.
KMG makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of KMG, and KMG is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. KMG provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by KMG of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
THIRD PARTY CONTENT
KMG may provide third party content on the Site and may provide links to Web pages of third parties (collectively, the “Third Party Content”) as a service to those interested in this information. KMG does not monitor or have any control over any Third Party Content or third party Web sites. KMG does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. KMG does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
KMG may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. KMG is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of such non-KMG advertisers or third-party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, KMG or KMG’s products or services that are provided by you in the form of email or other submissions to KMG are non-confidential and shall become the sole property of KMG. KMG shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KMG, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON, OR IN CONNECTION THEREWITH, (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KMG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. KMG DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KMG DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KMG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. WHILE KMG ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, KMG CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
KMG reserves the right to change any and all Site Materials contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by KMG.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KMG, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KMG, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KMG’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KMG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KMG FOR ACCESS TO OR USE OF THE SITE.
APPLICABLE LAW AND VENUE
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, KMG reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS & CONTACT INFORMATION
Questions or comments about the Site may be directed to KMG at the email address or by calling us at (206) 283-5353.