TERMS OF SERVICE
General Terms of Service: KL Marketing Communications newsletters and e-newsletters (the “Newsletter”) and content (the “Content”) are provided subject to this Agreement, as it may be amended by KL Marketing Communications, and any guidelines, rules or policies that KL Marketing Communications may establish and post at any time (the “Agreement”). By posting updated versions of the Agreement at the KL Marketing Communications website or otherwise providing notice to you, KL Marketing Communications may modify the terms of the Agreement and may discontinue or revise any or all aspects of its agreement to provide service at its sole discretion. These modifications, discontinuations or revisions include all rates, fees and other charges. All such changes shall become effective within 30 days of posting of or notification of the revised Terms of Service. By agreeing to subscribe to KL Marketing Communications’ Newsletter service, you (the “User”) and your customers are all entitled to one version of the E-Newsletter per issue, with the Content consisting of at least five separate articles (the “Articles”).
Terms of Providing Your Clients’ Email Addresses: By agreeing to subscribe to KL Marketing Communications’ Newsletter service and by thus providing KL Marketing Communications the email addresses of your customers, you acknowledge that all customers whose email addresses you provide have previously agreed to receive promotional emails from you, either through an “opt-in” agreement, a handwritten sign-up form or some other form of expressed permission allowable under the CAN-SPAM Act. KL Marketing Communications is not responsible or liable for any and all actions that may be taken toward you should the conditions of the CAN-SPAM Act not be followed or not have been followed in the acquisition of your customers’ email addresses. KL Marketing Communications, in turn, agrees to use your customers’ email addresses solely for the purpose of distributing the Newsletter on a monthly basis or more or less frequently should the terms of the Agreement change between the User and KL Marketing Communications. KL Marketing Communications reserves the right to refuse or cancel orders at its sole discretion and reserves the right to remove any and all email addresses from your provided list for any reason it sees fit, including but not limited to its determination that the email address is invalid, the determination that the recipient of the Newsletter at said email address represents a conflict of interest for KL Marketing Communications, and any other reason.
Note that KL Marketing Communications uses a third-party email distribution platform (AWeber) to distribute TravelScapes and is committed to its terms of use and anti-spam policy. Note that you grant us the right to provide your clients’ email addresses and other relevant information to this third party solely for the purposes of distributing TravelScapes to your clients.
Payment Terms: After your free trial period, your monthly subscription must be paid in advance, is non-refundable except as stated herein, and, unless you or KL Marketing Communications cancels your service, will automatically renew on a monthly, annual or twice-annual basis, as specified by the preference you indicate upon payment. Note that if you upgrade from a monthly plan to a six-month plan or annual plan, or from a six-month plan to an annual plan, credits for previously paid months will not be applied to the new plan. The TravelScapes service allows us to send your branded e-newsletter to up to 300 of your clients per month. For email addresses exceeding 300, we charge an additional $20 for each additional full or partial block of 300. A valid credit card is required to process payment for your subscription. You agree to provide KL Marketing Communications with accurate and complete billing information including full name, address, state, zip code, telephone number and valid payment information. By submitting such information, you authorize KL Marketing Communications to charge all subscription fees to your card. Should automatic billing fail to occur for any reason, KL Marketing Communications will issue you an electronic invoice indicating that you must pay your balance using some other payment method within a certain deadline, with the full payment amount corresponding to the billing period as indicated on the invoice. Failure to meet the payment deadline will result in the termination of your subscription.
Newsletter Distribution Schedule: Regardless of the date of your payments, the Newsletter is electronically distributed to your clients’ email addresses during the first week of each month. As such, payment for the Newsletter and for optional “On-Request” articles must be made by credit card and must be approved by the card issuer on or before the 23rd of the month preceding distribution; electronic files of all relevant materials for your agency (such as your logo and agency name and images for “On-Request” articles) must then be received by the final Thursday of the month preceding distribution. By agreeing to these terms, you agree to adhere to this schedule and you understand that your failure to provide all necessary files by the final Thursday of the month will result in your forfeiture of the following month’s Newsletter with no refund due to you.
Free Trial: Should KL Marketing Communications, at its sole discretion, offer a TravelScapes subscription with a free trial for a limited period of time (“Free Trial”), you will be required to enter your billing information in order to sign up for the Free Trial. Under the Free Trial agreement, you will not be charged for TravelScapes until the Free Trial has expired. On the day following the Free Trial period, unless you cancelled your subscription, your credit card will be automatically charged the fee for the subscription you selected. At any time and without notice, KL Marketing Communications reserves the right to modify the terms and conditions of the Free Trial offer or to cancel the Free Trial offer.
Copyright and Limited Usage Rights: The content, graphics, design, organization, compilation, magnetic translation, digital conversion, electronic use and other matter related to the Newsletter and Content are protected under applicable copyrights and trademarks including but not limited to intellectual property rights. The only copyrights you retain or your respective company retains are the graphics provided by you or your company for the personalization of the Newsletter. The copying, reselling, modifying, distributing, displaying, transmitting, publishing, licensing or using any or all parts of the Newsletter or Content as your own work is strictly prohibited by law. By purchasing the Newsletter or Content you agree that you do not acquire ownership rights to any content or aforementioned aspects of the Newsletter or Content. Purchase of the Newsletter and Content grants you a limited nonexclusive license for the sole purposes of promoting your services. You are prohibited from sublicensing, selling or preparing other versions of the Newsletter or Content or allowing other individuals or companies to use the Newsletter or Content as their own work. This includes all aspects of the electronic formats. You may not charge anyone to view or receive the Newsletter or Content. All product and company names mentioned on the KL Marketing Communications site or in the Newsletter or Content may be trademarks of their respective owners. KL Marketing Communications is not responsible or liable for any and all content copyrighted or otherwise that you may supply or allow KL Marketing Communications to use in the Newsletter and the granting of permission to republish copyrighted works in the Newsletter is your sole responsibility.
Links to Other Websites: The Newsletter and its attendant website, TravelScapes, may contain links to third-party websites or services that are not owned or controlled by KL Marketing Communications. KL Marketing Communications has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that KL Marketing Communications shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Other Forms of Distribution: You may not use the Newsletter or Content for purposes of spamming as defined by law. Should you use the Newsletter or Content for the purposes of spamming or for any other unlawful purposes, KL Marketing Communications will terminate any agreement and services and KL Marketing Communications shall have no liability to you or any third party due to such unlawful uses or because of such termination of agreement and services.
Systems Information: It is understood that in order to use the Newsletter, Content, and other KL Marketing Communications services you are required to have a Windows, Mac or other platform, a connection to the Internet, and a valid email address with email software.
Late Fees: On the rare occasion of post-service billing, KL Marketing Communications holds the right to charge a U.S. $25.00 late fee for any outstanding payment(s) not received by KL Marketing Communications within 21 days of Newsletter distribution date as specified on all invoices and statements. This U.S. $25.00 late fee will be applied to payments for each monthly Newsletter that is not received by KL Marketing Communications within 21 days. KL Marketing Communications reserves the right to pursue all outstanding obligations and payments as allowed and defined by the laws of the United States and its territories.
Termination by Either Party: You may terminate the Agreement with KL Marketing Communications at any time by sending an email to ken@klmarcom.com or by sending written notice to KL Marketing Communications at 313 South Pine Banks Rd, Putney, VT 05346, USA. Correspondence must include your company name and your first and last name. No refunds will be issued if you terminate the Agreement. KL Marketing Communications may terminate the Agreement or any services it provides at any time with or without cause and with or without notice. Upon termination by KL Marketing Communications, a refund representing the value of unsent Newsletters will be issued, if applicable. If termination by KL Marketing Communications occurs because of a violation of Anti-Spam policy, Copyright policy, or Limited Rights of Usage policy, no refund will be issued. KL Marketing Communications shall have no liability to you or any third party due to any termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
Miscellaneous Terms: Through the Agreement, you represent and warrant that you will use the Newsletter or Content only in compliance of the Agreement and all applicable laws. You agree you will not access or otherwise use third party mailing lists in connection with distributing unsolicited email to any third party. You agree to indemnify and hold harmless KL Marketing Communications against any damages, losses, liabilities, settlements and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Newsletter or Content. The language in the Agreement shall be interpreted as to its fair meaning. In the case of any conflicting information in KL Marketing Communications’ promotional materials, emails, website or other written or oral communication, the Agreement will take precedence.
Limitation of Liability: THE NEWSLETTER AND CONTENT ARE PROVIDED “AS-IS” AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, SECURITY, OR ACCURACY). TO THE MAXIMUM EXTENT OF THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL SPECIFICATIONS, TORT, THEORY, CONTRACT OR OTHERWISE, SHALL KL MARKETING COMMUNICATIONS, ITS EMPLOYEES OR OTHER AGENTS (HEREBY REFERRED TO AS “KL MARKETING COMMUNICATIONS”) BE LIABLE TO YOU OR ANY OTHER PERSONS OR THIRD PARTIES FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES EVEN IN THE CASE THAT KL MARKETING COMMUNICATIONS HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, KL MARKETING COMMUNICATIONS 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 KL MARKETING COMMUNICATIONS TO YOU WILL BE LIMITED TO THE AMOUNT WE RECEIVED IN CONNECTION WITH ANY SERVICES OR PRODUCTS YOU PURCHASE FROM US DURING THE PRECEDING TWELVE-MONTH PERIOD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY, GUARANTEE OR REPRESENTATION NOT EXPRESSLY STATED IN THE AGREEMENT.
This Agreement was updated and revised on February 28, 2019, in Putney, Vermont, and shall be governed by the laws of the State of Vermont and any legal action or other disagreements will be brought forth in the State of Vermont or in federal courts located in the State of Vermont.
Contact us: By phone: 508-963-6650
By email: ken@klmarcom.com
