KGmarketingVentures Email ServicesTerms of use

Through Services (“Services”), KG Marketing Ventures Inc. (“KGmarketingVentures”) provides companies and individuals a variety of tools and resources, done for you marketing, advertising, namely the KGmarketingVentures Agency Console, KGmarketingVentures End User Interface, KGmarketingVentures Engine API and the KGmarketingVentures Modules API to use directly as customers, and provide indirectly to their end-users, access to email marketing technology (“Software”). The Software resides on the KGmarketingVentures servers, and includes the ability to manage and track end-user accounts, and the ability to collect website visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This Service or Software may not be used for the sending of unsolicited e-mail (referred to as “spam”). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services or Software. You represent, covenant, and warrant that you and on behalf your end-users, you will use the Services or Software only in compliance with the Agreement and all applicable laws.

Services and Support

Restrictions and Responsibilities

System Requirements

KGmarketingVentures can be used in most current PC-based or Macintosh-based internet browsers. A stable connection to the Internet is required to work with KGmarketingVentures. KGmarketingVentures does not guarantee functionality.

Compliance rules for sending e-mail

All KGmarketingVentures customers and end-users must follow the rules of the federal CAN-SPAM act, the Fighting Internet and Wireless Spam Act (Bill C-28), and KGmarketingVentures’s Anti-Spam policy when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent through the KGmarketingVentures system:

These 3 guidelines will help ensure that you and your end-users help KGmarketingVentures maintain its reputation and white-listing status and whitelisting programs. If at any time your mailing is flagged as SPAM by a recipient, KGmarketingVentures reserves the right to cancel your account without notice.

Email and Permission Practices

Termination

Correspondence must include your first name, last name, and KGmarketingVentures username. No refunds will be issued if you terminate this agreement.

Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. KGmarketingVenturesDOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND KGmarketingVentures DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for KGmarketingVentures to use commercially reasonable efforts to adjust or repair the Services or Software.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL KGmarketingVentures OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “KGmarketingVentures “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF KGmarketingVentures SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, KGmarketingVentures IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF KGmarketingVentures TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.

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