TERMS AND CONDITIONS OF USE
By using KathleenHanover.com, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site or the services of Marketing Gold, Inc. and/or Kathleen Hanover. This site is not intended for use by persons under the age of 13.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of KathleenHanover.com (the “Site”) and describes the terms and conditions that apply to your access of and use of the Site. This Agreement may be modified at any time by the owner (and/or its agents) of Marketing Gold, Inc. upon posting of the modified agreement. Any such modifications shall be effective immediately. The most recent version of these Terms and Conditions is available at http://kathleenhanover.com/terms-of-use.
2. Intellectual Property Ownership.
(a) Site Content. All content included on this Site is and shall continue to be the property of Marketing Gold, Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication of any such content or any part of the Site without express written permission is prohibited.
(b) User Supplied Content. By accessing the Blog, contact form, or any other user interactive area of this site, and placing any materials or information in any of those areas (“Submissions,”) you hereby grant Marketing Gold, Inc. a fully-paid, non-exclusive, perpetual, irrevocable, worldwide, sub-licenseable, royalty free license in and to such Submissions, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered, without further compensation, acknowledgement or payment to you whatsoever. You also grant to others who access the Blog or any other user interactive area of the Site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings (however, such license is limited to the personal use and enjoyment of such other party.)
3. User Supplied Content.
(a) Prohibitions. You agree that you will not (i) pretend to be another person that you are not, (ii) make false statements about yourself or any other person, organization, company or entity, (iii) you will not place any material in any user interactive area of KathleenHanover.com that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party, (iv) place any material in any other user interactive area of the Site that infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person, (v) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in any user interactive area of this site, (vi) place any unauthorized advertising, attempted business solicitation, marketing materials or sales promotional materials in any user interactive area of this Site, (vii) place materials in any user interactive area of the Site that are disruptive or off-topic; (viii) place or inject unauthorized software, applications, executable files, widgets, plugins, viruses, Trojan Horses, malware, spyware, keystroke loggers or other malicious code into any part of the Site, Site files, or on any servers or equipment owned, leased, rented or controlled by Marketing Gold, Inc.
(b) Removal of Material. As a participant in KathleenHanover.com’s Blog or any other user interactive area of this site, you agree that we may remove any materials from any forum, bulletin board, chat room, or any other user interactive area of the Site for any reason, in our sole discretion, or for no reason at all. This includes material which may be considered disruptive, abusive, offensive, illegal, vulgar, tasteless, pornographic; or any other material. You hold Kathleen Hanover, Marketing Gold, Inc., its employee(s), agent(s), vendor(s) and assign(s) harmless from and against any damage you or others may suffer as a result of any removal of any content from the Blog or any other user interactive area of the Site or from the discontinuance of any user interactive area of KathleenHanover.com at any time.
(c) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to the Blog any other user interactive area of the Site for any time and for any reason, or for no reason whatsoever, at our sole and absolute discretion. This includes, but is not limited to, any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(d) Right to Terminate. We reserve the right to terminate the Blog or any other user interactive area of the Site at any time for any reason whatsoever, with or without advance notice.
(e) Responsibility. You are fully responsible for your own statements and/or materials that you post on the Blog or any other user interactive area of KathleenHanover.com. You are solely responsible for any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold Marketing Gold, Inc., its employee(s), agent(s), vendor(s) and assign(s) responsible for any such materials or statements.
(f) Fitness and Accuracy. We do not control or endorse the user-generated content posted to the Blog or other user-interactive areas of the Site. As such, we cannot guarantee the accuracy, fitness for use, integrity or quality of such content. Your use of any content posted on the Site is at your own risk. Although we will make reasonable efforts to remove objectionable material, you understand that by using the Site, you may be exposed to content that you may find inappropriate, offensive or objectionable.
4. Personal Use.
Marketing Gold, Inc. grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, insert malicious code or software into the Site, or use materials, products or services in violation of any law. Your use of this Site is at our sole discretion and we may terminate your use of this Site at any time.
5. Other Uses.
All other use of content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without prior express written consent.
(a) Disclaimer of warranties. The information on this Site is provided on an “as is,” “as available” basis. You agree that use of this Site is at your sole risk. The owner of KathleenHanover.com disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your sole and exclusive remedy relating to your use of the Site shall be to discontinue using the site.
(b) Limitation of liability. The owner(s) of the Site shall not be responsible or liable to providers or any third parties under any circumstances for any indirect, consequential, special, punitive or exemplary damages or losses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses which may be incurred in connection with use of the Site, or use thereof, or any of the data or other materials transmitted through or residing on the Site or any services, or information purchased, received or sold by way of the Site, regardless of the type of claim or the nature of the cause of action.
(c) Hold Harmless and Indemnify. You hold Marketing Gold, Inc., its owner(s) and its employee(s), agent(s), vendor(s) and assign(s) harmless from, and indemnify us against, any and all claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type from your use of KathleenHanover.com.
(d) Advertising Policy. This Web site and blog are created and/or supported by Marketing Gold, Inc. This Web site and blog may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
This Web site and blog abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this Web site and blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
The owner(s) of this Site and blog may or may not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are solely those of the author of the post. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
Should a post on this blog contain any content which might present a conflict of interest, or the appearance of a conflict of interest, such actual or potential conflict of interest will be disclosed.
(e) Results. Although we make recommendations and create work product based on industry best practices as we understand them at the time, we have no way of knowing how well our marketing, sales and public relations work product or advice will perform for you. We may recommend strategies and tactics that have performed well for us and/or our client(s) in the past, but past performance is no guarantee of future results. You are advised to do your own due diligence in evaluating our products, services and information prior to working with us.
Marketing, sales and public relations results are based on many factors, some of which are beyond our control and your control. Your level of expertise, your business practices, your reputation, your resources, your ability to appropriately and professionally execute the tactics and/or strategies we recommend and many other factors may impact your results. Current economic conditions, changing legislation, industry trends, efforts by your competitors, technology failure, human error, and many other factors may also impact your results.
(f) Testimonials. Every project we undertake for a client is done on a “custom” basis, with unique goals, strategies, tactics and budgets. Therefore it is impossible to identify a “typical” result. As every project is unique, every client testimonial is unique and should be considered individually.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the KathleenHanover.com Site. You may not use the Site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold the Site owner, its agent(s), vendor(s) and assign(s) harmless from any liability, loss, claim and expense, including reasonable attorney’s and court fees, related to your violation of this Agreement or use of the Site.
(g) Applicable Law. You agree that the laws of the state of Wyoming, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and the owner of the Site.
(h) Severability. If any provision of this Agreement shall be adjudicated by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
(i) Termination. The owner(s) of KathleenHanover.com may terminate this Agreement at any time, with or without notice, for any reason.
(k) Contact Information.
You can contact the owner(s) of KathleenHanover.com via the site’s Contact Form.