Terms of Service - KSH Marketing

KSHMarketing.com Terms of Service / Cancellation and Refund Policy

Terms of Service- Simple English Version

For a one-time or monthly fee (depending on the service), KSHMarketing.com will provide any or all of the following services:

Customization of a KSH Marketing website for your use
Customization of a KSH Marketing website which you fully own
Editing and further customizing of your website as needed over time
Website hosting (posting your website on the Internet) on a monthly basis
Search Engine Optimization (SEO) of your website, to bring visitors to it, as either a one-time or monthly program
Management of a Pay-Per-Click Internet advertising campaign on a monthly basis
Reputation management services via The Review Generator

If you prefer to own your website outright, we will build a custom website for your company. If you own your website outright, we can offer you a reduced rate on webhosting, or if you prefer, you can select another webhosting service.

You don’t need to sign a longterm contract. You may terminate your relationship with KSHMarketing.com at any time, for any reason or for no reason at all. Once notified by you in accordance with the cancellation policy below, we will discontinue the service and, in the case of webhosting, take the website off the Internet, and you will no longer be billed.

While some prices depend on the size of your project, click for specific prices on many of these services.

Nothing in the Terms of Service below conflicts with these basic concepts.

Terms of Service – Lawyer’s Version

Terms Applicable to All Products and Services

KSHMarketing.com is made up of websites, webpages, webhosting, Search Engine Optimization, and management of Pay-Per-Click advertising operated by KSH Marketing and its affiliates and of various products and services that are provided by KSH Marketing, its affiliates, or third party service providers. These websites, webpages, and various services will be collectively referred to in this Agreement as “KSH.”

“You” means you, your company, your employees, and anyone who has access to your KSH account. You must be at least eighteen (18) years of age to subscribe to and use any KSH service or product.

These Terms of Service comprise a legal agreement between you and KSH and govern your use of KSH. BY CONTRACTING WITH KSH, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms, do not contract with or use the services of KSH.

The general provisions of these Terms of Service apply to KSH hosting services and to all of the products and services provided through KSH. Each applicable KSH website, product or service may have other posted guidelines or rules (the “Additional Terms”). All such Additional Terms are incorporated by reference into these Terms of Service.

KSH products and services are offered to you on the condition that you accept these Terms of Service and the Additional Terms without modification. You agree to familiarize yourself with the Terms of Service and the Additional Terms and abide by them if you choose to use the sites, or accept the products, services or benefits to which such terms apply.

You accept and agree to be bound by these Terms of Service and the Additional Terms at the moment you respond to the KSH GETTING STARTED e-mail or when you place an order in person, via e-mail, telephone, facsimile, or via the KSH on-line order page. If you do not accept all of these terms, your order for products or services will be cancelled and you will not be charged.

KSH reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If you continue to use KSH products or services after any such changes, your continued use will constitute your consent to such changes. KSH does not and will not assume any obligation to notify you of any changes to the Terms of Service or Additional Terms. In addition, your registration information and other information about you are subject to our Privacy Policy.

If you do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Contact Us page of the KSH website and send an e-mail requesting a hard copy.

Your Warranties

By subscribing to any service offered by KSH, you make the following representations and warranties. KSH shall have the right to terminate your KSH account without notice at any time if any representation or warranty made by you proves to be untrue in any respect.

You represent and warrant that all of the following numbered items are true and correct:

You and all users of KSH products and services approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to: (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) contract for and use KSH services (including, where applicable, the buying, selling and listing of items) in accordance with these Terms of Service and any Additional Terms, and (d) if you are acting in a corporate capacity, to bind your company;
You will not use KSH products and services for any purpose that is unlawful or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by you or by others using your account is true and accurate, including information submitted as part of the registration and subscription process;
Any products or services advertised, sold, or otherwise distributed by you on or in connection with your website are legal for sale or distribution;
You have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law;
And you have and control all of the intellectual property, proprietary, and similar rights necessary for all material located on your website, all submissions, and all products and services sold or otherwise distributed by you or on your behalf via your website.

By using the products and services of KSH, you agree that you will defend and indemnify KSH and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

Limitations on Your Use of KSH Products and Services

KSH products and services are provided to assist you with the operation of your business. Your right to use the products and services of KSH is limited to you and your company and its employees. You are solely responsible for content that you have posted on your website or that you have supplied to us to post on your website and for your KSH account. KSH reserves the right, but is not obligated, to monitor or to review materials posted on your website and to monitor your compliance with these Terms of Service and the Additional Terms. KSH reserves the right in its sole discretion to edit, refuse to post, or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the KSH, except as expressly provided herein.

You may not use a name in connection with operating your KSH website that is confusing or misleading to participants or otherwise impersonate or deceive participants with respect to your identity.

You may not restrict or inhibit any other user from using and enjoying such user’s rights in KSH.

You may not interfere with or disrupt KSH operations, its other customers, or KSH Internet servers.

You may not use the products or services provided through or in connection with KSH to do any of the following numbered items:

To rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party;
To defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
To conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (including “spamming”) or multi-level or illegal marketing campaigns;
To harm minors in any way;
To publish, post, distribute, disseminate, advertise, or link to any content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
To sell, publish, or distribute software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents for your sale, publication, or distribution of such software and other materials;
To sell, publish, or distribute software, content or other material that contains viruses, worms, corrupted files, cracks, or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or security system or to sell, publish, or distribute other programs written to defeat the security measures of any computer, security system or programs;
To sell, publish, or distribute software, content, other material or website that constitutes “hate speech,” whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
To sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that you cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any KSH website or ad or your website would cause KSH to violate any law, statute or regulation;
To harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; violate any applicable government laws or regulations.
To do any other illegal or harmful activity.

You may not reproduce or redistribute any “software” as this term is defined in the Section entitled “Software Available Through KSH.” you may not copy or reproduce the software to any other server or location for further reproduction or redistribution. You may not de-compile, disassemble, reverse engineer, or otherwise attempt to discover any trade secret of KSH or of any product, service, or software provided through KSH.

The information provided by KSH to you may be proprietary in nature. You agree not to share any proprietary information provided to you by or on behalf of KSH with any third party.

Fees

Some products and services available through or in connection with KSH require that you pay a one-time or monthly fee. You hereby authorize KSH to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with your use of the KSH product or service you have chosen to use.

KSH will automatically charge your credit card each month for the fee(s) then due. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your KSH account by you or anyone else using your account.

KSH reserves the right to modify the fees charged for KSH products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after KSH posts such modified fees on the KSH website.

Late Payment of Fees

It is your responsibility to notify KSH if your credit card has expired, the number has changed, or your credit card is no longer billable for any reason. However, if your credit card has expired and we have not heard from you, we will attempt to bill the card by using an extended expiration date. If we are unsuccessful in billing your credit card, we will make one attempt to contact you.

If payment, whether by credit card, check, or any other means, is not received within 10 days of the due date (regardless of whether we have attempted or were successful in contacting you), we will discontinue KSH service. If, for example, payment for website hosting is not received within 10 days of the due date, your website will be removed from the Internet.

KSH is under no obligation to resume service, such as re-posting a website that we have removed from the Internet, due to late payment of fees. However, if KSH is to resume service, payment of all fees, including a $25 late fee for re-posting a website on the Internet, must be received prior to re-activating your service.

If, for whatever reason, KSH does not discontinue service despite lateness of fees, your service may bear a late fee of the lesser of (a) one and one-half percent (1.5%) per month of fees due or (b) the maximum rate permitted by applicable law.

Cancellation Policy

You agree that (a) KSH cancellation policy is posted on the KSH website and may be changed from time to time by KSH at its sole discretion and (b) the cancellation policy posted at the time you cancel your products or services shall govern the amount of the refund (if any) due to you. You acknowledge that if you cancel any KSH product or service that you may not be entitled to a refund of all or part of amounts already paid by you for such KSH products or services.

You are free to cancel service at any time for any reason or no reason. To cancel, send us a request in writing by e-mail, postal mail, or FAX, using addresses at Contact Us. Our written reply to your request is your Proof of Cancellation. If you do not receive a written reply to your request to cancel within seven days, it may mean that we did not receive your cancellation request. In this case, please contact us immediately. If we did not receive a cancellation request from you and you do not have Proof of Cancellation, you will be liable for any bills incurred by continued KSH service.

Your service and billing will terminate at the end of the month if KSH receives it by the 25th or at the end of the following month if KSH receives it after the 25th. If you have pre-paid for KSH products or services amounts beyond those due when calculated in accordance with this paragraph, these pre-paid funds will be returned to you.

You will be responsible for all fees incurred unless and until your cancel your service in accordance with this cancellation section. Payment of such fees shall be due immediately upon your cancellation of services.

Changes to Services, Termination by KSH

KSH may change any of the KSH products or services at any time and from time to time without notice, including terminating the offering of any KSH product or service altogether.

KSH may terminate your account and/or your access to your KSH accounts (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of your KSH services or from receiving any products, services or benefits from KSH if KSH determines that you have violated these Terms of Service or any Additional Terms, if you have failed to remit any applicable fees when due, if any representation or warranty made by you is untrue in any respect, or if KSH receives a court order or other legal action relating to your account.

In addition, if you violate any of these Terms of Service, or any applicable Additional Terms you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with KSH, and there will be no refund of any fees prepaid by you.

Links to Third Party Websites

Links within KSH websites may allow you leave the KSH websites. You acknowledge that the linked sites are not under the control of KSH and that KSH is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or webcasting or any other form of transmission received from any linked site. KSH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KSH of the linked site or any association with their operators.

Licenses You Grant to KSH

KSH may post your customized website in the Sample Website section as an example of KSH website design work.

KSH does not claim ownership of the materials you provide to KSH (including feedback and suggestions) or that you post, upload, input, or submit in connection with your use of KSH or any website (“your website”) created by you or on your behalf in connection with the use of KSH (collectively “Submissions”). However, you grant KSH a royalty-free license to use your Submissions (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, link to, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your name in connection with your Submission) only in connection with the operation and promotion of KSH. You also grant KSH the right to publish your information in connection with any such use including, but not limited to, directory listings, bookmarks, “coming soon” and announcement page(s) and listings, and promotional link(s) to KSH websites.

No compensation will be paid or due you with respect to use by KSH or its sub-licensees’ use of the materials as licensed above. KSH is under no obligation to post or use any materials you may provide, and may remove such materials at any time in accordance with KSH’s sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through KSH, you represent and warrant that you own or otherwise control the rights necessary to do so and to grant KSH the license set forth above, and you will defend and indemnify KSH and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant KSH permission to use screen shots in KSH promotional materials of any webpages that have been created or edited for your company by KSH.

You represent and warrant that you have sufficient authority to grant the foregoing rights of this section “Licenses You Grant to KSH.”

Domain Name

When KSH builds your website, KSH will register a domain name for it. If you have already registered a domain name that you would like assigned to your KSH website, we will arrange transfer of your domain name to KSH custodianship for the period during which KSH hosts your website. Should you cancel webhosting service with KSH, at your written request, if KSH has been given custodianship of a domain name that you (rather than KSH) had registered, KSH will revert custodianship of the domain name back to you upon payment of any balance that may be due on your KSH account plus a $35 handling fee.

It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

Software Available Through KSH

Software (if any) that is made available to download from or otherwise use through KSH, (excluding software that may be made available by third parties via KSH) is the copyrighted work of KSH and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms and the terms of the end user License Agreement, if any, which accompanies or is included with the Software.

To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a License Agreement, KSH hereby grants to you, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular KSH website or KSH service in accordance with the License Agreement, the Terms of Service and Additional Terms, and for no other purpose. In addition, you shall keep intact and not alter any and all copyright and other proprietary notices contained in such Software.

All Software is owned by KSH and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties.

Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DE-COMPILE, DISASSEMBLE, REVERSE ENGINEER, OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

You acknowledge that the Software, together wtih any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All Software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Limitations of Liability and Disclaimers

The information, software, products, services and other material included in or available through KSH may be incomplete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via KSH should not be relied upon for personal, medical, legal, business, financial, or other decisions, and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

Your access to and use of KSH products and services is at your own risk. KSH makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness, or availability KSH products or services. Without limiting the foregoing, NEITHER KSH NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN KSH FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. KSH AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL KSH OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

(i) DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF KSH OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE KSH OR RELATED SERVICES;

(ii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH KSH; OR OTHERWISE ARISING OUT OF THE USE OF KSH, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF KSH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF KSH, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING KSH AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, KSH is not responsible for any of your data residing on KSH hardware or systems, including such hardware or systems provided to KSH by third parties. You are responsible for maintaining and backing up your data and information that may reside on KSH hardware or systems, including such hardware or systems provided to KSH by third parties, whether or not such information is produced through the use of KSH, including any information regarding the operation or use of your website, catalogs, lists, order records, and other information you are providing or using in connection with your use of KSH products and services.

It is your responsibility to review and inspect the content on any webpage of your website (including pages created by KSH on your behalf) and any other marketing materials created by KSH on your behalf, and to modify or obtain the assistance of KSH to modify any content that does not meet with your approval. KSH is not liable for any damage resulting from the content of webpages or marketing materials created by KSH on your behalf nor responsible for the marketing success nor financial loss associated with these materials.

It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. KSH will not be liable for any damage, loss or disclosure of data, or loss of accounts, revenue, or business arising out of or otherwise related to: (a) your use of KSH services or products; (b) your customers’ use of your website hosted by or created through KSH and your products and services; (c) use of the KSH by any other party to whom you have given access to your company information for use of KSH; (d) errors, bugs, or other defects in KSH products and services; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the KSH webhosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to KSH’s records, programs, or services.

You are solely responsible for maintaining and backing-up any information regarding the operation or use of your website, catalogs, lists, order records, and other information you are providing or using in connection with your use of the KSH products and services.

KSH is not liable for your actions of your customers or vendors, or the use of their information, or for any other actions arising from your use, or the use of other parties to whom you have given access to your KSH information, through the use of the KSH products and services.

KSH is not involved in any transaction between you and your buyer or seller or other third parties with whom you may have transactions through your website or between you and any user of any products or services offered or provided by you or by a third party through KSH. KSH is not responsible for screening, censoring or otherwise controlling your website, or any listings or transactions offered or conducted via your website. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with you via your website or through KSH.

KSH is not acting as your or any third party’s agent in connection with the operation of KSH. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because KSH is not involved in any orders or other transactions between you and other users of KSH or other marketplace forums, KSH cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, your payments for orders or transactions conducted via your website or on any KSH service will be paid to you directly from your designated acquiring bank, customers, or other appropriate source (“payer”). KSH is not responsible for such payment, and will have no liability for any lost, disputed, or fraudulent payment or tenders of payment, or other disputes arising between you and customers or payers. KSH makes no guarantee about the reliability or accuracy of these products or services or the results obtained from using KSH.

Your Customer Data

KSH will not use your customer data or your customer contact list for any purposes other than those intended by the KSH products and services that you have selected. Your customer information will not be shared with any other parties unless you are also subscribing to an KSH service where one of the features of such service is the sharing of customer information between the services. KSH will not use your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

General

These Terms of Service and the Additional Terms are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the KSH products and services. Use of the KSH products and services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KSH as a result of these Terms or Service or use of KSH.

KSH’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of KSH’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of KSH products and services or information provided to or gathered by KSH with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms, the Privacy Policy, and any Software Licensing Agreement constitute the entire agreement between the user and KSH with respect to KSH, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and KSH.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted within KSH are fictitious. No association of example companies with any real company, organizations, product, person, or event is intended or should be inferred.

KSH is not obligated to monitor the content on KSH. KSH reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process, or government request, or in accordance with KSH’s Privacy Statement.

KSH reserves the right to edit, refuse to post, or to remove any information, content, or materials, in whole or in part, from the KSH websites, at KSH’s sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by KSH, including all legal and equitable remedies available to KSH for violation of any of these Terms of Service.

Copyright and Service Mark Notices

Service Marks and Trademarks

“KSH Marketing” is a registered U.S. Service Mark owned by Kim Stokes Hopkins.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by KSH.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. To see KSH’s Notice and Procedure for Making Claims of Copyright Infringement, please send e-mail via our Contact Us form.