Last updated: November 6th, 2006

Network Marketing Central is a community website ("Web site" or "Service") for Network Marketers. This service is operated by Kim Klaver Productions, which is a registered company in the United States of America (which may henceforth be referred to as either "Us", "We", "Our", or "Network Marketing Central"). You must read and agree to these Terms of Service ("Terms", "terms", "Agreement") before using the Web site or registering to become a member. Use of the Web site or Registration implies that You ("You", "you", "User", "user") have read, understood, and agreed to these Terms, and are now considered a User of the site.

This Agreement sets out the legally binding terms of your use of the Web site. This Agreement may be modified by Network Marketing Central at any time and without prior notice. The latest version of this Agreement will be available on the Web site. Information on how We process information is available in the Privacy Policy, and acceptance of this Agreement expressly states acceptance of Our Privacy Policy. Network Marketing Central reserves the right to change, limit or revoke membership to the Web site and Service without assigning any explanation or incurring any liabilities. Any use of the Web Site not in accordance with the Terms of Use is expressly prohibited.

This is a Community Web site for network maketers in the United States, Canada, United Kingdom, and some additional countries. We reserve the right to restrict access, or cancel the membership of Users who in our sole judgment may be in violation of this Agreement.

This Agreement will remain in full force and effect while you remain a registered user of the site. To cancel your membership, you must successfully deactivate your account or contact us. Canceling your membership may take up to 7 business days. This agreement will otherwise be understood to remain in force.

Canceling billing or other additional agreements with us does not cancel this Agreement.

The Web Site may have additional terms & conditions for access to specific areas of the Web Site or for specific features. Such additional terms & conditions will be posted in relevant areas on the Web Site, or next to specific features, for which they are applicable. Such additional terms & conditions may be referred to as rules, guidelines or other terms as appropriate, and will be made visible and accessible to Users who are using those particular features or areas of the Web Site.

Usage of such features or areas of the Web Site by a User shall mean that the User has fully accepted those additional terms & conditions. These additional terms will not apply to, nor be binding upon, those Users who choose not to use the relevant features or areas of the Web Site.

Some examples of such areas and/or features on the Web Site are, but not limited to, surveys conducted by Network Marketing Central or its affiliates, buying advertising by using the Web Site billing system, submitting ticker phrases.

The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the Service or the Web site for any purpose other than described in this document without Our prior written consent. Passwords and compiled names, photos, links, and all other Web site content are not to be transferred or copied from the Web site for use with any other commercial product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, and any bots, hacks, and data-mining programs are expressly forbidden. Violations will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

You may not institute, assist, or become involved in an attack upon the Web Site servers or otherwise attempt to disrupt the Web Site or Service. You may not institute any such attack which results in the disruption of any other user’s Network Marketing Central experience. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of Network Marketing Central or the Service.

You man not transmit or post any content or language which, in the sole and absolute discretion of Network Marketing Central, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.

You are responsible for maintaining the confidentiality of your Password, and you will be responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of the Account is your responsibility. The Web Site is not responsible in the event that the Account is "hacked," or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. If you feel your Account has been compromised, please Contact Us.

This Service is provided to Users in select countries who abide by the terms set forth in this Agreement; abuse of this privilege will result in a termination of membership.

You understand and agree that We may review and delete any entries, messages, photos, or profiles (collectively, "Content") that in the sole judgment of Network Marketing Central violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users, or the public at large. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You are also solely responsible for your interactions with other Users of the Web site. Network Marketing Central is not responsible for any inaccurate postings on the site, disruptions in service, or other problems causing inconvenience to Users, though every effort will be undertaken to prevent problems from happening.

You may not send hateful or otherwise objectionable messages, or threaten other users. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service unless they have contacted you for such information. You may not transmit any chain letters or junk email to other Members. Spam will be treated as an abuse of the service, and a User will incur liabilities, damages, and/or be suspended from the Web site.

You also agree not to use the Website for any malicious purposes, such as but not limited to misleading other Users, mining data etc.

If there are any disagreements between you and another User on the Web Site about anything, you agree not to hold the Web Site or any of its operators or affiliates liable for any damages, problems or other consequences resulting from your disagreement. The Web Site is under no obligation to solve your disagreements with another User, though in good faith we will upon request try to amicably resolve the situation.

All title, ownership rights and intellectual property rights in and to Network Marketing Central (including without limitation any user accounts, titles, computer code, themes, objects, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, user profile information) are owned by Network Marketing Central or its licensors. This Web Site is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. Network Marketing Central may contain certain licensed materials, and Our licensors may protect their rights in the event of any violation of this Agreement.

This section does not apply to the ownership of User-submitted content. Please see the relevant section for User-submitted content in this Agreement.

Each User shall indemnify, defend and hold harmless Network Marketing Central, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Network Marketing Central's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the Network Marketing Central Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE NETWORK MARKETING CENTRAL SITE IS AT HIS OR HER SOLE RISK. THE NETWORK MARKETING CENTRAL SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NETWORK MARKETING CENTRAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NETWORK MARKETING CENTRAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, NETWORK MARKETING CENTRAL MAKES NO WARRANTY THAT

1. tHE NETWORK MARKETING CENTRAL SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS,
2. ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
3. THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND
4. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

EXCLUDING ONLY DAMAGES ARISING OUT OF NETWORK MARKETING CENTRAL’S WILLFUL MISCONDUCT, NETWORK MARKETING CENTRAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETWORK MARKETING CENTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY NETWORK MARKETING CENTRAL SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NETWORK MARKETING CENTRAL SITES; OR ANY OTHER MATTER RELATING TO THE NETWORK MARKETING CENTRAL SITES. IN NO EVENT SHALL NETWORK MARKETING CENTRAL'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN NETWORK MARKETING CENTRAL AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, NETWORK MARKETING CENTRAL DOES NOT AND CANNOT CONTROL THE ACTIONS OF NETWORK MARKETING CENTRAL SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO NETWORK MARKETING CENTRAL SITES. OPERATION OF NETWORK MARKETING CENTRAL SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY NETWORK MARKETING CENTRAL.

Privacy, and the use of User information is governed by our Privacy Policy. This may be updated without any advance notice. Please read the Privacy Policy carefully since your acceptance of this Agreement expressly indicates your acceptance of Our Privacy Policy and how we process and use personally identifiable information.

Network Marketing Central owns and retains proprietorship of the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of Network Marketing Central. Except for that information for which you have been given written permission, or that which you yourself have entered into (eg. Photos) or created on (eg. Profiles) the Website that are not in violation of applicable copyright laws, you may not copy, publish, transmit, or sell any such proprietary information.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of Us, or the owner of such proprietary information.

We will upon notice immediately remove any copyrighted materials that have been illegally uploaded or distributed by a User without prior permission from the copyright holder. You agree not to hold the Web Site or any of its operators or affiliates liable for any copyright infringement caused by your, or another User’s activities. The Web Site assumes no obligation to monitor User content.

As an added convenience to its Users, Network Marketing Central provides links, tools and easy access to third-party sites or software. These sites and software may be used to research information, import contact lists, look up driving directions, plan events, or other relevant uses. If you do use these links and tools, you are doing so in your own private capacity and using your own personal access to such links or tools, independently of Network Marketing Central. This is your own private decision. Network Marketing Central provides resources to make this process easier for Users through links and simple online tools, but in no way uses such third-party sites or software as a necessary part of the Service. Users are thus advised to read the Terms and Conditions of any third-party sites or software that they may employ or use in connection with this Web site.

You will only be billed for the purchase of advertising and for your montly fee, if you have provided correct billing information as verified by our Service and our billing partners.

You hereby agree to pay all charges incurred by You, including applicable taxes, in accordance with billing terms for purchasing advertising that are in effect at the time that the fee or charge becomes payable. Your right to access to the Service is subject to any limits established by Network Marketing Central, or by your credit card issuer, billing service, or other payment methods authorized by Network Marketing Central. We reserve the right to collect any unpaid dues through collection agencies, and to terminate your User account if you have not complied with Network Marketing Central’s billing procedures. You agree to reimburse Network Marketing Central for all costs and expenses incurred by Us in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorneys' fees.

You may cancel your billing relationship with us at any time by Contacting Us. This will not restrict you from the regular use of the Service.

You are not entitled to any refunds upon cancellation of your account. After Contacting Us, termination of your billing will take place from the next billing cycle.

Our use of billing and survey information is outlined in our Privacy Policy. Additional terms and conditions may apply if you choose to use these features of the Web Site (please see "Guidelines" section).

This Agreement and the relationship between User and Network Marketing Central shall be governed by and construed in accordance with the laws of the State of WHAT STATE?. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a WHAT STATE? court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred. Notwithstanding the foregoing sentence, (but without limiting Network Marketing Central'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. 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, 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 Where? using the English language and pursuant to the rules of WHAT STATE?

The failure of Network Marketing Central to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. In the case where a part of the agreement is nullified or deemed invalid by judicial order, the rest of the Agreement shall continue to remain in force.

Any rights not expressly granted herein are reserved.

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Network Marketing Central regarding the basic use of the Web site and/or the Service. Additional terms may apply (see section on "Guidelines").

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN Network Marketing Central AND ANY USER OR OTHER PERSON OR ENTITY

You may serve notices, or contact Network Marketing Central or its parent company or affiliates at the address provided below.

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