Terms And Conditions

The following are Terms of Service for use of Critical Marketing Tools.

1. ACCEPTANCE OF TERMS

The web pages available at criticalmarketingtools.com, and all linked pages are reffered to as ("Site"), and are owned and operated by Visunique and are accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THIS SITE, YOU AGREE TO BECOME BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THIS SITE OR USE THE CONTENT OR ANY SERVICES ON THE SITE. CRITICALMARKETINGTOOLS.COM ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.

2. MODIFICATIONS OF TERMS OF USE

Criticalmarketingtools.com reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, criticalmarketingtools.com will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at criticalmarketingtools.com's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, criticalmarketingtools.com may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content criticalmarketingtools.com performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Criticalmarketingtools.com may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Criticalmarketingtools.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. INDEMNITY

You will indemnify and hold harmless criticalmarketingtools.com, its parent company, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or criticalmarketingtools.com User , of any intellectual property or other right of any person or entity.

5. WARRANTY DISCLAIMERS

You acknowledge that criticalmarketingtools.com has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release criticalmarketingtools.com from all liability for you having acquired or not acquired Content through the Site or the Services. Criticalmarketingtools.com makes no representations concerning any content contained in or accessed through the Site or Services, and criticalmarketingtools.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because criticalmarketingtools.com has no control over such sites and resources, you acknowledge and agree that criticalmarketingtools.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that criticalmarketingtools.com 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 site or resource.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL CRITICALMARKETINGTOOLS.COM OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. TERMINATION

Criticalmarketingtools.com may terminate or suspend any and all Services and your criticalmarketingtools.com account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your criticalmarketingtools.com account, you may do so by notifying criticalmarketingtools.com through our contact page.

9. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind criticalmarketingtools.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Criticalmarketingtools.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond criticalmarketingtools.com reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with criticalmarketingtools.com prior written consent. Criticalmarketingtools.com may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting criticalmarketingtools.com's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Criticalmarketingtools.com is controlled, operated and administered by its parent company from within the United States. Criticalmarketingtools.com makes no representation that materials or Content available through the site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use criticalmarketingtools.com or export the Content in violation of U.S. Export laws and regulations. If you access criticalmarketingtools.com from a location outside the United States, you are responsible for compliance with all local laws of your jurisdiction that may apply.