The Tsunami

Strategize. Optimize. Pulverize.

  

Terms of Service



The Gist:

We (the administrators of KillerEV.com) run this site and would love for you to use it.  Our basic service is free, and we offer paid upgrades for advanced features. This site, blog, forum, and related services are designed to educate and entertain, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).
That’s the gist of it.  Thanks to the good folks at Automattic (creators and operators of WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service.  That’s exactly what we did.
 
Terms of Service:
 
The following terms and conditions govern all use of the http://www.killerev.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, podcasts, videos, and websites, taken together, the Website. The Website is owned and operated by Tony Guerrera.  The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, KillerEV.com’s Privacy Policy) and procedures that may be published from time to time on this Site by Tony Guerrera. (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by KillerEV, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
 
1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by KillerEV.com, Tony Guerrera, or otherwise.
Regarding End User Advertising:
 
* Posts made with the intent of the promotion of any goods or services, including other websites, will be deemed spam and will not be allowed.
 
* Users are not permitted to promote for-profit special interests, services or products within forum threads or posts (this may include some not for profit special interests as well, KillerEV and Tony Guerrera can evaluate these scenarios on a case by case basis). Threads or posts that do not follow this policy will be considered SPAM by KillerEV and Tony Guerrera, subject to deletion, and the offending user may be penalized with an infraction or banning.
 
* Users are not permitted to promote for-profit special interests, services or products within the users location, title or username (this may include some not for profit special interests as well, KillerEV and Tony Guerrera can evaluate these scenarios on a case by case basis). Users who modify their locations, title, or username so they do not follow this policy may be penalized with an infraction or banning.  This rule also forbids statements such as “blogging”, “coaching” or “PM for rakeback”.
 
Without limiting any of those representations or warranties, KillerEV.com and Tony Guerrera have the right (though not the obligation) to, in KillerEV’s sole discretion (i) refuse or remove any content that, in KillerEV’s reasonable opinion, violates any KillerEV policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in KillerEV’s sole discretion.
 
2. Responsibility of Website Visitors. KillerEV has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, KillerEV does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. KillerEV and Tony Guerrera disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
 
3. Fees and Payment. Optional premium paid services such as KillerEV Poker Club, KillerEV Consulting, and KillerEV Coaching are available on the Website. By selecting a premium service you agree to pay KillerEV and Tony Guerrera the per-use, monthly, or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a per-use, monthly, or annual period as indicated. Premium service fees are not refundable. All prices are in U.S. Dollars.
 
4. Premium Services. By signing up for a premium services account you agree to pay KillerEV and Tony Guerrera the setup fees and monthly subscription fees indicated at http://www.KillerEV.com in exchange for the services listed at http://www.KillerEV.com. Applicable fees will be invoiced starting from the day your premium services are established and in advance of using such services. KillerEV reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium services can be canceled by you at anytime on 30 days written notice to Automattic.
 
Premium services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by KillerEV and Tony Guerrera to respond within one business day) concerning the use of the use of premium services. “Priority” means that support for premium services customers takes priority over support for users of the standard, free KillerEV services.
 
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which KillerEV.com links, and that link to KillerEV.com. KillerEV does not have any control over those non-KillerEV.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-KillerEV.com website or webpage, KillerEV does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. KillerEV disclaims any responsibility for any harm resulting from your use of non-KillerEV.com websites and webpages.
 
6. Copyright Infringement and DMCA Policy. As KillerEV asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by KillerEV.com violates your copyright, you are encouraged to notify KillerEV in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. KillerEV will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of KillerEV or others, KillerEV may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, KillerEV will have no obligation to provide a refund of any amounts previously paid to KillerEV.
 
7. Intellectual Property. This Agreement does not transfer from KillerEV to you any KillerEV or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KillerEV. KillerEV, Tony Guerrera, the “The Tsunami” logo, and all other trademarks, service marks, graphics and logos used in connection with KillerEV.com, or the Website are trademarks or registered trademarks of KillerEV, Tony Guerrera, or KillerEV’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any KillerEV or third-party trademarks. You hereby grant KillerEV an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or KillerEV services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with KillerEV or the promotion thereof.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Website or any related software without the express written consent of KillerEV and Tony Guerrera.
 
8. Changes. KillerEV reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KillerEV may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
 
9. Termination. KillerEV may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
 
10. Disclaimer of Warranties. The Website is provided “as is”. KillerEV and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KillerEV nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. 
 
11. Limitation of Liability. In no event will KillerEV, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KillerEV under this agreement during the twelve (12) month period prior to the cause of action. KillerEV shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Monetary earnings are not guaranteed by KillerEV, the Website, nor its suppliers, licensors, and administrators, including, but not limited to, Tony Guerrera.
 
12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the KillerEV Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
 
13. Indemnification. You agree to indemnify and hold harmless KillerEV, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
 
14. Miscellaneous. This Agreement constitutes the entire agreement between KillerEV and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KillerEV, or by the posting by KillerEV of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KillerEV may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.



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