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Kick Butt Legal Terms and Conditions of Use

THIS IS AN IMPORTANT DOCUMENT AND AGREEMENT. YOU SHOULD READ EVERYTHING AS WHAT IS IN THE MIDDLE AND END IS NOT LESS IMPORTANT THAT WHAT IS IN THE BEGINNING, INCLUDING THE REFUND POLICY.

BY ACCESSING AND USING KICKBUTT.IM, OR PURCHASING OUR PRODUCTS OR SERVICES (REGARDLESS OF THE WEBSITE THEY ARE ADVERTISED OR SOLD ON), YOU ARE SUBJECT TO THIS AGREEMENT AND LICENSE EACH TIME YOU MAKE SUCH ACCESS OR USE A KICKBUTT™ WEBSITE.

Definitions

You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.

We may be referred to as Licensor. The terms 'Kick Butt,' 'Us,' 'We,' or 'Licensor' includes and its owners, employees, subsidiaries, attorneys, and assigns.

'Content' refers to everything found within the kickbutt.im domain and other related domains that constitute our network of related and affiliated websites. This includes, without limitation, web pages, wiki pages, articles, software, and scripts. It also refers to documents, CD-Roms, and other information that is sent to you by us, whether by email, mail, or any other method of delivery.

Entire Agreement

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by Licensor at any time and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor.

Any amendments will become effective 30 days after being posted on the Internet, unless circumstances require that a change be immediately implemented. As a condition for this license you agree to periodically check this license Agreement and terms of use, posted at http://kickbutt.im/tos.html.

License Grant

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CONTENT.

THE CONTENT IS COPYRIGHTED AND LICENSED. IT IS NOT SOLD. BY ACCESSING OR USING THE CONTENT YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE CONTENT.

Licensor hereby grants to you, and you accept, a nonexclusive, nontransferable license to use the content only as authorized in this License Agreement.

If you would like to distribute in any other way any content, please contact Licensor as indicated below for permission to do. Any redistribution on your part must include all copyright notices, logos and a notice that such action is with the "permission of KickButt.im"

Prohibited Acts

Except as authorized in this Agreement, no copies of or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share your rights under this License Agreement, including passwords and user names. You agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate the content, and that you will not rent, lease, or lend the content, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). You agree that you will not alter, publish, copy, cut, modify or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.

Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor. If you are known for committing illegal acts involving other websites your membership may be banned or terminated.

Licensor's Rights.

You acknowledge and agree that the content is a proprietary product of Licensor, protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to the content, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to Kick Butt, but only a limited right of use revocable in accordance with the terms of this License Agreement. Licensor specifically reserves all rights not expressly granted in this License Agreement. All content, design, and programming (html, JavaScript, Java, graphics, forms, cgi, CSS, styles, style sheets, etc., except where noted) is copyrighted by Licensor. All rights reserved.

Payment to licensor is for the arrangement and/or research and obtaining of public domain content or content owned by owners that Licensor is permitted to distribute. Copyright is claimed to all arrangements, enhancements, content, design and programming other than the content for which copyright is not claimed.

Term

This License Agreement is effective upon your using and shall continue until terminated. You may terminate this License Agreement at any time. Licensor may terminate this License Agreement upon the breach by you of any term hereof, as otherwise provided in this document, or for any reason whatsoever.

No Warranty

THE CONTENT IS LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement or use of the content shall not exceed the license fee paid to Licensor for the use of the content. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

No Guarantee of Correctness

The content has been prepared and/or obtained for general information, education, reference, and entertainment purposes only and is not intended to provide legal, medical, or professional advice. While every effort is made to ensure the correctness and completeness of the content we create, you acknowledge that Licensor, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date. There is no guarantee that the content is correct, complete, or up-to-date for any specific circumstance.

Although Kick Butt may contain legal documents and legal information that may be of use to you in your business, and has retained an attorney to prepare such information, there is no legal relationship between you and Kick Butt, and you may not rely upon anything for legal advice. If you have a legal question, please retain an attorney to review your particular situation.

The content may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site, and Licensor does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site.

This website accepts paid advertising and endorsements, not all of which may be obvious from the content. You should assume we receive a financial payment for recommending and/or linking to any product or service.

Trademark

Kick Butt is a trademark and service mark of Licensor. No right, license, or interest to such trademark is granted to you, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. You are not authorized to use our trademarks and servicemarks in any pay per click advertising.

Administration

Account administration, payments, and cancellations for customers and affiliates may be handled by PayGear, Plimus, PayPal, ClickBank, JVZoo, or CCBill. It depends on the product or service.

If you would like to cancel your account, if your payments are through PayPal you must login to your PayPal account, locate through the History tab your payments, and cancel your subscription. If your payments are through CCBill, you must contact the CCBill support page to cancel your subscription.

You agree that you are responsible for creating an account, and responsible for cancelling any account. We have used these processors specifically so that your payments or membership are completely within your control. You do not need to ask us to cancel an account for you.

From time to time Licensor may also make information available by means other than the Internet or through other websites, arrange for other payment options, and may repackage content. Licensor may also license its information and products for sale by third parties and/or affiliates. Licensor does not monitor advertising by third parties and/or affiliates and is not responsible for their conduct.

Licensor expressly prohibits third parties, affiliates, and anyone else from advertising, promoting, or referring to Licensor via unsolicited email, telephone, cell phone, or facsimiles.

Return and Refund Policy

Due to the digital and non-returnable nature of our products and services, all sales are final. There is no refund period.

Some products may have guarantees, refund terms and conditions on their sales page, and for those products those terms will control.

From time to time special offers may be made, such as free trials. You must cancel your membership by the required method (canceling your subscription) before the end of the trial period to not be charged. Free trial offers are only available to a person once. You cannot signup, cancel, signup again, cancel, and so on to keep getting free access.

We use "WarriorPlus" for many of our products, and the WarriorPlus TOS state in part:
"If you request an "unreasonable" amount of refunds on purchases made through our system, we may block you from making future purchases. We reserve the right to determine, in our own discretion, what is unreasonable or reasonable. (We will also label you a "serial refunder" and might even email your mother and tell her how bad you are)

You will not initiate any chargeback or file any dispute with any billing service or payment processor without first complying with the Vendors refund policy or contacting our support desk."
If you request a refund that is not allowed, submit any dispute with PayPal or other payment processor, or seek a chargeback - you agree that you will never again purchase any product or service from us and you agree to be blacklisted from making future purchases. "Blacklist" is the term used by services such as WarriorPlus and JVZoo and is intended to reduce fraud and serial refunders. Additional services or scripts we may use that ban refunders include ClickBank and Amember.

If you breach this Agreement you will not be entitled to a refund regardless of any individual product guarantee or terms. If a prohibited purchase is made using WarriorPlus, a service provided on the "Special Offers" forum of the Warrior Forum, according to how WarriorPlus works this means you will not be able to access a future purchase and will not be entitled to a refund. Unless otherwise indicated by the product sales page, our products sold on the Warrior Forum are sold using WarriorPlus.

Note that we are not associated with WarriorPlus and have no control over how its system works.

Guaranteed Website Profits Product Purchases

Legal terms including the $100 guarantee and conditions are stated on the sales page. The 30 day period begins when your domain goes live. Depending on the volume of website requests, it is unknown how many days there will be between purchase, when you notify the support desk of your niche and domain, and when the domain can be registered, website created, and gone live.

After 30 days and not later than 40 days afterwards, if you elect to terminate our relationship the $100 guarantee only applies if you have not breached the agreement. Terms are stated on the sales page, and include not clicking on any of the eBay links on the website. If you breach the agreement no payment or refund of any amount is owed.

You agree the $100 may be sent to you, in our complete discretion, either as one payment, or as a refund of the $97 and separate payment of the balance, or by check mailed to you if you are in the United States.

You agree it may take up to 30 days after termination before the payment is made.

Although the offer refers to Guaranteed Profits, it is possible PayPal fees if a $100 payment is made via PayPal will not be sufficient to cover the $97 investment.

If you incur additional expenses related to the domain or website, including but not limited to Internet access, those are strictly your expenses and will not be paid, refunded, or otherwise recompensed by us.

You agree you are not our employee, partner, or joint venturer, and will have no ownership stake in the domain or website unless owership of the domain is transferred from our GoDaddy account to your account at a domain registrar, and you will have no entitlement to any payment or commissions beyond that stated in the sales page or as otherwise agreed by both of us in writing.



Governing Law

This License Agreement may be negotiated, prepared, executed and delivered in potentially several jurisdictions. Accordingly, in order to establish with certainty that this Agreement will be governed by one body of well-developed law, to the extent permitted by law the parties hereto expressly agree that this License Agreement shall be governed by, and construed in accordance with, the laws of the state where Kick Butt's attorney (listed below) is located, to the exclusion of any other applicable body of governing law.

Arbitration Agreement

You and we agree that other than claims for copyright infringement, any and all disputes arising out of or related to this Agreement shall be exclusively decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org. Copyright claims can be brought in federal district court. The arbitration or copyright court action will be exclusively conducted in the city where Kick Butt's attorney (listed below), is located, or within a 50 mile radius, and you agree to the exclusive venue and personal jurisdiction of the courts or arbitral forums within that location or area.

You represent and agree that you are accessing Kick Butt for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a 'consumer' and will not invoke arbitration rules applicable to consumers.

You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction.

You agree arbitration will only be brought individually and as not as a class action, representative action, private attorney general, or in combination with any other party.

Severability

Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver

The failure of Licensor to enforce any rights granted hereunder or to take action against any other party in the event of any breach hereunder shall not be deemed a waiver by Licensor as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Contact information

You agree to provide accurate and complete information to us when registering for or buying a product or service.

You can contact us at any time to request a copy of this license by sending a request to our legal counsel:
Law Office of Brian Kindsvater
1024 Iron Point Road
Folsom, California 95630
USA
http://kindsvater.com - Request for Information Form


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