TERMS OF AGREEMENT:
By logging into this web site and/or entering into any contract or agreement with Technology Marketing Toolkit, Inc. for products and/or services to be provided by Technology Marketing Toolkit, Inc., including without limitation ordering any products or services through the Technology Marketing Toolkit, Inc. web site (hereinafter referred to as your "Contract"), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these "Terms and Conditions").
For purposes of these Terms and Conditions, references to the products and/or services provided by Technology Marketing Toolkit, Inc. shall include, without limitation, information both written and verbal, teleseminars, marketing strategies, sales scripts, marketing templates, illustrations, examples, and other services.
If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Technology Marketing Toolkit, Inc. or enter into this Contract. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
Technology Marketing Toolkit, Inc. reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice to you. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Technology Marketing Toolkit, Inc. shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION, WEB SITES, SERVICES, PRODUCTS, OR OTHER ITEMS PRESENTED TO YOU ARE PROVIDED AS IS, WITH NO WARRANTY EITHER EXPRESSED OR IMPLIED. To the fullest extent permitted by law, Technology Marketing Toolkit, Inc. hereby disclaims all implied warranties of any kind, including but not limited to warranties of merchantability, suitability, infringement of intellectual property rights, or fitness for a particular purpose. We do not warrant or guarantee the results, or make any representations regarding the use or the results of the products, information both written and verbal, materials, and services provided to you in this program. We also do not warrant or guarantee the accuracy, correctness, or reliability of all information, written, verbal, or otherwise. The entire risk as related to the use, results and performance of the products, services, and information provided in this program are assumed by you, the user, and therefore deem you responsible for any cost of servicing, repair, correction, or liability as a result of using the products, services, and information provided in this program.
COPYRIGHTS & PROPRIETARY INFORMATION
This web site and the materials provided within this web site (hereinafter referred to as “Content”) contain copyrighted material, trademarks, and other proprietary information belonging to Technology Marketing Toolkit, Inc., and Technology Marketing Toolkit, Inc. retains all rights, interest, and title of Content. Accordingly, you may not copy, publish, modify, transmit, share, lease, rent, sell, or participate in the sale of Content, whole or in part, without written prior consent from Technology Marketing Toolkit, Inc. Reproduction is strictly prohibited. Any unauthorized use of these products, materials, information shall result in criminal and/or civil prosecution.
The username, password, and content provided within this site after ordering is solely for your personal use. You will be responsible for maintaining the security of any passwords, usernames, and private download pages given to you. Access to this material is strictly limited to clients who have paid for it and who have been given expressed written permission to access its content. Unauthorized access by any other means is considered theft and shall result in criminal and/or civil prosecution.
Technology Marketing Toolkit, Inc. reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your membership to this site. You agree that Technology Marketing Toolkit, Inc. shall not be held liable to you or any third party for any rejection, cancellation or termination of your membership, your Contract, or your access to the web site. In the event that Technology Marketing Toolkit, Inc. rejects, cancels or terminates your membership or your Contract, Technology Marketing Toolkit, Inc. will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
If you exercise your option for returning any materials, coaching, or other products for a refund, OR if you cancel your membership, OR if your membership is terminated by Technology Marketing Toolkit, Inc. for any reason, you immediately forfeit any rights to use any of the materials, ideas, concepts, images, copy, tools, resources, and content you received. To receive a refund, you must return all materials received and immediately destroy any electronic materials, documents, or audio files you received from Technology Marketing Toolkit, Inc.
Technology Marketing Toolkit reserves the right to refer unpaid past due balances to third parties for collection. In the event that any past due balance is placed with a third party, I agree to pay any costs of such collection including agency fees, legal or attorney fees, and court costs.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Technology Marketing Toolkit, Inc. OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE USE OF THE PRODUCTS, INFORMTION, OR SERVICES PROVIDED BY Technology Marketing Toolkit, Inc. , EVEN IF Technology Marketing Toolkit, Inc. HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS.
LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR PROVISION OF PRODUCTS, INFORMATION, OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Technology Marketing Toolkit, Inc. UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
Technology Marketing Toolkit, Inc. are ALSO not responsible for the success, failure, or outcomes relating to decisions made as a result of the information presented by our companies, or the materials contained within this program.
You agree to indemnify and hold Technology Marketing Toolkit, Inc., its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise arising out of or related to any of the products or services provided by Technology Marketing Toolkit, Inc..
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Tennessee. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Tennessee regarding any and all disputes relating to your Contract or these Terms and Conditions.
By purchasing any product from Technology Marketing Toolkit, Inc. you are giving permission for Technology Marketing Toolkit, Inc. to communicate with you by e-mail, phone, and fax about the products and services you have purchased, as well as other products and services we have to offer. You may request to be removed from our lists at any time and we never rent, sell, or share your personal information with an outside 3rd party.
All products provided to you by Technology Marketing Toolkit, Inc. are done so under a non-exclusive, non-transferable license and are not sold or otherwise transferred to you.
You agree you do not have the right to sell, relicense, sublicense, lend, give away or otherwise transfer any products provided to you by Technology Marketing Toolkit, Inc. You further agree doing any of the foregoing actions will constitute copyright infringement and/or material breach of this Agreement.
You agree Technology Marketing Toolkit, Inc. may demand return, without compensation to you, of any Technology Marketing Toolkit products should it become aware that you have attempted to sell, relicense, sublicense, lend, give away or otherwise transfer any Technology Marketing Toolkit products.
Certain products may be provided for you to reproduce and/or modify for use in your business.
Any permission to reproduce or modify these copyrighted products is done under a non-exclusive, non-transferrable license subject to your membership with Technology Marketing Toolkit, Inc. You agree this license terminates automatically if you seek a refund, terminate your membership, or have your membership terminated by Technology Marketing Toolkit, Inc. for any reason. You agree this license terminates automatically if you attempt to or actually sell, relicense, sublicense, lend, give away or otherwise transfer any Technology Marketing Toolkit products which include (but are not limited to) all copy, materials, campaigns, examples, audio, and visual elements contained in this web site or delivered to you in physical or electronic copy.
You agree use and modification of these products without a valid membership with Technology Marketing Toolkit constitutes copyright infringement and/or the material breach of this Agreement.Should Technology Marketing Toolkit, Inc. be compelled to take legal action against you to enforce this license, you agree Technology Marketing Toolkit, Inc. will be entitled to all attorneys’ fees, expenses and costs for successful enforcement.