Terms

By using this site, KickassMarketer.com, you agree to the following terms of service.

Terms of Use:

The following terms and conditions govern all use of the KickassMarketer.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites, taken together, the Website. The Website is owned and operated by Kickass Marketers LLC (“Kickass Marketers”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, KickassMarketer.com’s Privacy Policy) and procedures that may be published from time to time on this Site by Kickass Marketers LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. 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. If these terms and conditions are considered an offer by KickassMarketer.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including, but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by KickassMarketer.com or otherwise.

By submitting Content to KickassMarketer.com for inclusion on this Website, you grant Kickass Marketers a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.

Without limiting any of those representations or warranties, KickassMarketer.com has the right (though not the obligation) to, in KickassMarketer.com’s sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any KickassMarketer.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. KickassMarketer.com will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

KickassMarketer.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, KickassMarketer.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. KickassMarketer.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Visitors further acknowledge understanding that:

All articles, information, and resources published by Kickass Marketers are based on the individual author’s opinion and are meant to motivate readers to make their own nutrition and health decisions after consulting with their health care provider. Authors are not doctors, lawyers or medical professionals, and all readers should consult a doctor before making any health changes, especially any changes related to a specific diagnosis or condition. No information on this site should be relied upon to determine diet, make a medical diagnosis or determine a treatment for a medical condition. All information contain in individual e-books is the sole opinion of the author and copyright is owned by each author.

Any statements or claims about the possible health benefits conferred by any foods or supplements within these ebooks have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Some of the links in text, print or images on this site or within individual e-books may be affiliate links. In this case, the author will receive a small commission if something is purchased through these links.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which KickassMarketer.com links, and that link to KickassMarketer.com. Kickass Marketers does not have any control over those non-KickassMarketer.com websites and webpages, and is not responsible for their contents or their use. By linking to a external website or webpage, Kickass Marketers does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kickass Marketers disclaims any responsibility for any harm resulting from your use of non-Kickass Marketers websites and webpages.

Copyright Infringement and DMCA Policy

As Kickass Marketers asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by KickassMarketer.com violates your copyright, you are encouraged to notify Kickass Marketers in accordance with Kickass Marketers’s Digital Millennium Copyright Act (“DMCA”) Policy. KickassMarketer.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kickass Marketers will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kickass Marketers or others. In the case of such termination, Kickass Marketers will have no obligation to provide a refund of any amounts previously paid to Kickass Marketers.

Intellectual Property

This Agreement does not transfer from Kickass Marketers to you any Kickass Marketers or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kickass Marketers. KickassMarketer.com, the KickassMarketer.com logo, and all other trademarks, service marks, graphics and logos used in connection with KickassMarketer.com, or the Website are trademarks or registered trademarks of Kickass Marketers LLC or KickassMarketer.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kickass Marketers or third-party trademarks.

Changes

Kickass Marketers reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kickass Marketers may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Kickass Marketers may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kickass Marketers Premium account (if you have one), you may do so within the dashboard of that site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Kickass Marketers and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kickass Marketers nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Kickass Marketers, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kickass Marketers under this agreement during the twelve (12) month period prior to the cause of action. Kickass Marketers shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Kickass Marketers Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Kickass Marketers, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Kickass Marketers and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kickass Marketers, or by the posting by Kickass Marketers of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Warren County, Kentucky. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Scottsdale, Arizona, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kickass Marketers may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy

Your privacy is critically important to us. At Kickass Marketers I have a few fundamental principles:

• We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
• We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
• We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Kickass Marketers LLC. (“Kickass Marketers”) operates the website for Kickass Marketers LLC. It is Kickass Marketers’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Kickass Marketers collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Kickass Marketers’s purpose in collecting non-personally identifying information is to better understand how Kickass Marketers’s visitors use its website. From time to time, Kickass Marketers may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Kickass Marketers also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on KickassMarketer.com blogs. Kickass Marketers only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Kickass Marketers’s websites choose to interact with Kickass Marketers in ways that require Kickass Marketers to gather personally-identifying information. The amount and type of information that Kickass Marketers gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a member account at Kickass Marketers Meals to provide a username and email address. Those who engage in transactions with Kickass Marketers – by purchasing access to meal plans or affiliate promotions – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Kickass Marketers collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Kickass Marketers. Kickass Marketers does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Protection of Certain Personally-Identifying Information

Kickass Marketers discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Kickass Marketers’s behalf or to provide services available at Kickass Marketers’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Kickass Marketers’s websites, you consent to the transfer of such information to them. Kickass Marketers will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, CKickass Marketers discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Kickass Marketers believes in good faith that disclosure is reasonably necessary to protect the property or rights of Kickass Marketers, third parties or the public at large. If you are a registered user of a Kickass Marketers website and have supplied your email address, Kickass Marketers may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Kickass Marketers and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Kickass Marketers takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Kickass Marketers uses cookies to help Kickass Marketers identify and track visitors, their usage of Kickass Marketers website, and their website access preferences. Kickass Marketers visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Kickass Marketers’s websites, with the drawback that certain features of Kickass Marketers’s websites may not function properly without the aid of cookies.

Business Transfers

If Kickass Marketers LLC, or substantially all of its assets, were acquired, or in the unlikely event that Kickass Marketers LLC goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Kickass Marketers LLC may continue to use your personal information as set forth in this policy.

Ads

KickassMarketer.com may display advertisements via Google Adsense and is compensated for ad revenue. We do not take responsibility for any products or services that you purchase or acquire from third-parties that are advertising on the Google Adwords platform. If you have an issue with a third-party that you visited through a Google Adsense Ad on our website we urge you to contact Google and the third-party directly.

Comments

By commenting on KickassMarketer.com, users and visitors give KickassMarketer.com the right to display the comment and any other information that users and visitors make available during the comment process. The Official KickassMarketer.com Comment Policy can be viewed here.

Privacy Policy Changes

Although most changes are likely to be minor, KickassMarketer.com may change its Privacy Policy from time to time, and in KickassMarketer.com’s sole discretion. KickassMarketer.com encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a KickassMarketer.com account, you should also check your blog’s dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

(Note, parts of this policy are taken from wordpress.com under their Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and link to WordPress.com somewhere on your site.)