The Do-It-Yourself Solution for Great Coaching Websites

Terms and Conditions

Terms Applicable to all of KD Power Tools Web Services

These KD Power Tools Terms of Service comprise a legal agreement between You and KD Power Tools and governs Your use of KD Power Tools web services. BY SUBSCRIBING TO KD POWER TOOLS WEB SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME.

If you do not agree to these Terms of Service and the Additional Terms, do not subscribe to or use the KD Power Tools services, including Coach Power Tools.

KD Power Tools is made up of websites, Web pages, and Web hosting operated by KD Power Tools and its affiliates and of various products and services that are provided by KD Power Tools, its affiliates or third party service providers. These websites, Web pages, design services, and services will be collectively referred to in this Agreement as "KD Power Tools." "You" means You, Your company, Your employees, and anyone who has access to use your KD Power Tools account. You must be at least eighteen (18) years of age to subscribe to and use any KD Power Tools service or product.

The general provisions of these Terms of Service apply to KD Power Tools hosting services and to all of the products and services provided through KD Power Tools, including Coach Power Tools. Each applicable KD Power Tools website, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

The KD Power Tools services are offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the KD Power Tools sites and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply.

You accept and agree to be bound by these Terms of Service and the Additional Terms at the moment you place your order and pay for it, either by credit card via the Internet, over the phone or by fax or by check through the US Mail. If You do not accept all of these terms your order for services will be cancelled and You will not be charged.

KD Power Tools reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the KD Power Tools system after any such changes, Your continued use will constitute Your consent to such changes. KD Power Tools may email You any changes to the Terms of Service or Additional Terms, but does not and will not assume any obligation to do so.

Any rights not expressly granted herein are reserved by KD Power Tools.

In addition, Your registration information and other information about You is subject to our Privacy Statement.

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Contact Us page of the Coach Power Tools website and send an email requesting a hard copy.

Your Warranties

By subscribing to any service offered by KD Power Tools, You make the following representations and warranties. KD Power Tools shall have the right to terminate your KD Power Tools account, without notice at any time, if any representation or warranty made by You proves to be untrue in any respect.

You represent and warrant that:

You and all users of the KD Power Tools Network approved by you are at least eighteen (18) years of age;

You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the KD Power Tools services, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; You will not use the KD Power Tools services for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process. Any products or services advertised, sold or otherwise distributed by You on or in connection with Your website are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your website, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your website.

By using the KD Power Tools Network, You agree that You will defend and indemnify KD Power Tools and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

Limitations on Your Use of the KD Power Tools system

KD Power Tools services are provided to assist You with the operation of Your business. Your right to use KD Power Tools is limited to You, and Your company and its employees. You are solely responsible for Your content and Your website and your KD Power Tools account. KD Power Tools reserves the right, but is not obligated, to monitor or to review materials posted on Your website and to monitor your compliance with these Terms of Service and the Additional Terms. KD Power Tools reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from KD Power Tools, except as expressly provided herein.

You may not use a name in connection with operating Your KD Power Tools website that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in KD Power Tools.

You may not interfere with or disrupt the KD Power Tools system or servers or any network connected to KD Power Tools.

You may not use KD Power Tools or the products or services provided through or in connection with KD Power Tools to: rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns; harm minors in any way; publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or website that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via KD Power Tools or Your website would cause KD Power Tools to violate any law, statute or regulation; or any other illegal activity; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; violate any applicable government laws or regulations.

You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available from KD Power Tools " You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not de-compile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the KD Power Tools, or in any product, service or Software provided through the KD Power Tools.

The information provided by KD Power Tools to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of KD Power Tools with any third party.

Fees

Some products and services available through or in connection with KD Power Tools require that You purchase a subscription or otherwise pay a fee. You hereby authorize KD Power Tools to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the KD Power Tools product or service You have chosen to use. KD Power Tools will automatically charge Your credit card each month for the fee(s) then due and Your credit card expiration date will automatically be extended for the purpose of providing uninterrupted services. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your KD Power Tools account by you or anyone else using your account. KD Power Tools reserves the right to modify the fees charged for KD Power Tools products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after KD Power Tools posts such modified fees on the KD Power Tools website. Amounts not paid by You to KD Power Tools when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

If you notify KD Power Tools by phone at the number found on the Contact Us page of the KD Power Tools website or in writing that You are canceling one or more KD Power Tools or products, your termination will take place in accordance with the Cancellation Policy outlined below. KD Power Tools is not required to refund directly to You any amounts paid hereunder. It is Your responsibility to notify KD Power Tools if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

In the event that KD Power Tools terminates Your KD Power Tools account for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.

Cancellation and Refund Policy

You agree that (a) KD Power Tools cancellation policy will be posted on the www.coachpowertools.com website and may be changed from time to time by KD Power Tools in its sole discretion and (b) the cancellation policy posted at the time you cancel shall govern the terms and amount of the refund (if any) due to you. You acknowledge that if You cancel any subscriptions to a KD Power Tools service that You may not be entitled to a refund of all or part of amounts already paid by You for such KD Power Tools subscription. You agree to maintain service with KD Power Tools for the minimum term of 12-months plus any additional time required by any promotions or discounts You accept. After that, You will become a month-to-month customer under this agreement.

Cancellation

The initial deposit paid by You for the setup of your KD Power Tools website will be refundable minus 25% of the amount if cancellation is within 30 days of the signing of this contract.

Thereafter, refund and cancellation policies depend on the Payment Plan You have chosen in your separate Service Agreement.

Plan A and Plan C customers are considered month-to-month customers beginning 30 days after this agreement is signed if all fees have been paid in full. Written notice of cancellation at any time after that will automatically terminate your agreement effective in 30 days with no further penalty.

Plan B customers are obligated to a full 12-month subscription to KD Power Tools. IF A PLAN B CUSTOMER AND YOU CHOOSE TO END YOUR SERVICE BEFORE YOU BECOME A MONTH-TO-MONTH CUSTOMER (OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE), YOU MUST PAY THE BALANCE OF YOUR SUBSCRIPTION AS AN EARLY TERMINATION FEE. If at any time You change service (by accepting a promotion, for example), You will be subject to any requirements, such as a new minimum term, KD Power Tools sets for that change.

Changes to Services, Termination by KD Power Tools

KD Power Tools may change any of the KD Power Tools at any time and from time to time without notice, including terminating the offering of any KD Power Tools service altogether.

KD Power Tools may terminate Your account, Your access to KD Power Tools or any of Your KD Power Tools (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your KD Power Tools or from using the KD Power Tools Network or from receiving any products, services or benefits from KD Power Tools, if KD Power Tools determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if KD Power Tools receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with KD Power Tools service and there will be no refund of any fees prepaid by You. If You subscribe to a KD Power Tools service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the KD Power Tools service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

Links to Third Party Sites

Links within the KD Power Tools Network may let You leave the KD Power Tools Network. You acknowledge that the linked sites are not under the control of KD Power Tools and that KD Power Tools is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. KD Power Tools is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by KD Power Tools of the linked site or any association with their operators.

License You Grant to KD Power Tools

KD Power Tools does not claim ownership of the materials You provide to KD Power Tools(including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of KD Power Tools or any website ("Your website") created by You or on Your behalf in connection with the use of KD Power Tools (collectively "Submissions"). However, You grant KD Power Tools a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, link to, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of KD Power Tools. You also grant KD Power Tools the right to publish Your information in connection with any such use including, but not limited to, directory listings, bookmarks, coming soon and announcement page(s) and listings, and promotional link(s) to KD Power Tools websites. No compensation will be paid or due You with respect to KD Power Tools� or its sub-licensee's use of the materials as licensed above. KD Power Tools is under no obligation to post or use any materials You may provide, and may remove such materials at any time in KD Power Tools� sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the KD Power Tools system, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant KD Power Tools the license set forth above, and You will defend and indemnify KD Power Tools and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant KD Power Tools permission to use screen shots of any Web page built on our system in KD Power Tools promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

Software Available from KD Power Tools

Software (if any) that is made available to download from or otherwise use through KD Power Tools, excluding software that may be made available by third parties via KD Power Tools, ("Software") is the copyrighted work of KD Power Tools and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement (EULA), if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, KD Power Tools hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular KD Power Tools website or KD Power Tools service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by KD Power Tools and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Limitations of Liability and Disclaimers

The information, software, products, services and other material included in or available through the KD Power Tools system may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via KD Power Tools should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the KD Power Tools system, and products and services of KD Power Tools, is at Your own risk. KD Power Tools makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the KD Power Tools Network, or such products or services. Without limiting the foregoing, NEITHER KD POWER TOOLS NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN KD POWER TOOLS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KD POWER TOOLS AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL KD POWER TOOLS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF KD POWER TOOLS OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE KD POWER TOOLS OR RELATED SERVICES;

THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH KD POWER TOOLS; OR OTHERWISE ARISING OUT OF THE USE OF KD POWER TOOLS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KD POWER TOOLSOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF KD POWER TOOLS, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KD POWER TOOLS AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, KD Power Tools is not responsible for any of Your data residing on KD Power Tools hardware or systems, including such hardware or systems provided to KD Power Tools by third parties. KD Power Tools will perform standard industry data-backup. However, you remain responsible for maintaining and backing-up Your data and information that may reside on the KD Power Tools hardware or systems, including such hardware or systems provided to KD Power Tools by third parties, whether or not such information is produced through the use of KD Power Tools, including any information regarding the operation or use of Your website, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the KD Power Tools service. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. KD Power Tools will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the KD Power Tools services or products; (b) Your customers' use of Your website hosted by or created through KD Power Tools and Your products and services; � use of the KD Power Tools Network by any other party to whom You have given access to Your company information for use of the KD Power Tools Network; (d) errors, bugs or other defects in the KD Power Tools system; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the KD Power Tools Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to KD Power Tools's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your website, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the KD Power Tools Network.

KD Power Tools is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your KD Power Tools information, through the use of the KD Power Tools Network.

KD Power Tools is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your website or between You and any user of any products or services offered or provided by You or by a third party through the KD Power Tools. This includes, but is not limited to, any service providers referred through KD Power Tools for credit card authorization, newsletter services or affiliate programs. KD Power Tools is not responsible for screening, censoring or otherwise controlling Your website, or any listings or transactions offered or conducted via Your website. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your website or through KD Power Tools.

KD Power Tools is not acting as Your or any third party's agent in connection with the operation of KD Power Tools. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because KD Power Tools is not involved in any orders or other transactions between You and other users of KD Power Tools or other marketplace forums, KD Power Tools cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your website or on any KD Power Tools service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). KD Power Tools is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. KD Power Tools makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using KD Power Tools.

Additionally You are required to prominently post a Refund & Cancellation policy on any sites built with KD Power Tools that require payments from customers.

Indemnity

You agree to defend, indemnify and hold KD Power Tools and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with KD Power Tools or Your use of KD Power Tools.

Access Restriction; Account Security and Passwords

KD Power Tools reserves the right to deny in its sole discretion any user access to KD Power Tools or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the KD Power Tools system resulting from any third party using a password or user name issued to You. You agree to notify KD Power Tools immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the KD Power Tools system known to or suspected by You. You may change Your password at any time by emailing a request to support@coachpowertools.com.

You hereby authorize KD Power Tools to rely on any data, notice, instruction or request furnished by You to us, or that KD Power Tools reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. KD Power Tools is not responsible for fraud of participants or of other users of your account.

Your Customer Data

KD Power Tools will not use Your customer data or Your customer contact list for any purposes other than those intended. Your customer information will not be shared with any other parties, unless you are also subscribing to a KD Power Tools service where one of the features of such service is the sharing of customer information between the services. KD Power Tools will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

General

These Terms of Service and the Additional Terms are governed by the laws of the State of California, U.S.A. You hereby to confidential binding arbitration by the American Arbitration Association in Ventura County, California, U.S.A. in all disputes arising out of or relating to the use of the KD Power Tools services. Use of KD Power Tools is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and KD Power Tools as a result of these Terms or Service or use of KD Power Tools.

KD Power Tools� performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of KD Power Tools right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the KD Power Tools Network or information provided to or gathered by KD Power Tools with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and KD Power Tools with respect to the KD Power Tools system and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KD Power Tools with respect to KD Power Tools.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted within KD Power Tools are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

KD Power Tools is not obligated to monitor the content on sites built using the KD Power Tools system. KD Power Tools reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with KD Power Tools Privacy Statement located at http://www.coachpowertools.com. KD Power Tools reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the KD Power Tools websites, in our sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by KD Power Tools, including all legal and equitable remedies available to KD Power Tools or violation of any of these Terms of Service.

Copyright and Trademark Notices

Trademarks

KD Power Tools is either a trademark or registered trademark of KD Power Tools. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by KD Power Tools.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. To see KD Power Tools Notice and Procedure for Making Claims of Copyright Infringement, contact KD Power Tools at support@coachpowertools.com

Service Contact

If You need to contact KD Power Tools please send e-mail via our Contact Us form at www.coachpowertools.com.

KD Power Tools Legal

All terms of service will continue to apply if KD POWER TOOLS modifies in any way its corporate structure.

Introduction

KD Power Tools makes available information, materials, and services on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. KD POWER TOOLS reserves the right to change these terms and conditions from time to time at its sole discretion.

Copyright; Limited License

The information on this website is protected by copyright:

Copyright � 2006 KD Power Tools. All rights reserved. Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from KD Power Tools.

Use of website Information

Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this website subject to the following conditions:

The document may be used solely for personal, informational, non-commercial purposes;
The document may not be modified or altered in any way;
Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
KD POWER TOOLS reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from KD Power Tools.

Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Additional Warranties and Disclaimers

THIS website COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS website. KD POWER TOOLS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS website AT ANY TIME.

This website can be accessed from other countries around the world and may contain references to KD POWER TOOLS products, services, and programs that have not been announced in your country. These references do not imply that KD POWER TOOLS intends to announce such products, services or programs in your country.

Feedback; Confidential Information; Privacy

Please note that, with the exception of credit card numbers, KD POWER TOOLS does not want to receive confidential or proprietary information from you through our website. Any non-personal information or material sent to KD POWER TOOLS will be deemed NOT to be confidential. By sending KD POWER TOOLS any non-personal information or material, you grant KD POWER TOOLS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that KD POWER TOOLS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Links to Third-Party websites

The KD POWER TOOLS website contains links to third-party websites, which are not under our control. KD POWER TOOLS makes no representations whatsoever about any other website to which you may have access through the KD POWER TOOLS website. When you access a non-KD POWER TOOLS website, you do so at your own risk and KD POWER TOOLS is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. KD POWER TOOLS provides these links merely as a convenience and the inclusion of such links does not imply that KD POWER TOOLS endorses or accepts any responsibility for the content or uses of such websites.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this website are the property of KD POWER TOOLS or other third parties. You are not permitted to use the Marks without the prior written consent of KD POWER TOOLS or such third party which may own the Marks.

KD Power Tools Acceptable Use Policy

As a provider of website hosting and other Internet-related services, KD POWER TOOLS offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. KD POWER TOOLS respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, KD POWER TOOLS reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, KD POWER TOOLS has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing our services. This AUP will be revised from time to time. A customer's use of KD Power Tools services after changes to the AUP are posted on Coach Power Tools website, www.coachpowertools.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that KD POWER TOOLS cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because KD POWER TOOLS cannot monitor or censor the Internet, and will not attempt to do so, KD POWER TOOLS cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that KD POWER TOOLS does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over KD Power Tools system and may reach a large number of people, including both customers and non-customers, customers' postings to the Internet may affect other customers and may harm KD Power Tools goodwill, business reputation, and operations. For these reasons, customers violate KD POWER TOOLS policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward KD Power Tools but also because it can overload the network and disrupt service to KD POWER TOOLS customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, KD POWER TOOLS has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. KD POWER TOOLS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using KD Power Tools services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. KD POWER TOOLS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our network.
Defamatory or Abusive Language -- Using KD Power Tools network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that KD POWER TOOLS determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. KD POWER TOOLS will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with KD POWER TOOLS policy or applicable law. When KD POWER TOOLS becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

KD POWER TOOLS also is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, KD POWER TOOLS urges its customers to assume that all of their on-line communications are insecure. KD POWER TOOLS cannot take any responsibility for the security of information transmitted over our facilities.

KD POWER TOOLS will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. KD POWER TOOLS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, KD POWER TOOLS may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. KD POWER TOOLS assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, KD POWER TOOLS may disclose customer information or information transmitted over its network where necessary to protect KD POWER TOOLS and others from harm, or where such disclosure is necessary to the proper operation of the system.

Privacy Policy

Our customer's privacy is important to us. Because we may gather certain types of information about our customers, we want our customers to understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. Our policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, KD Power Tools policies and procedures are subject to change.

In the course of serving its customers, KD POWER TOOLS acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to KD POWER TOOLS by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by KD POWER TOOLS in the normal course of providing service. KD POWER TOOLS also uses cookies, which are small pieces of information that a website can store in a designated file on a user's computer for various reasons. In addition, KD POWER TOOLS may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

KD POWER TOOLS also requires You to post a Privacy Statement on any website built with the KD Power Tools system.

Data Security

KD POWER TOOLS will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of KD Power Tools, its employees and other customers of our services. To protect the loss, misuse, and alteration of information that is collected from customers, KD POWER TOOLS has appropriate physical, electronic, and managerial procedures in place.

How is customer information used? KD POWER TOOLS may use customer information to provide its customers with system information or information about new or upgraded products.

Opt Out & Modifications

Customers may opt out of receiving notices of new or upgraded products from KD POWER TOOLS by following the instructions contained at the end of the notice. However, customers may not opt out of receiving information from KD POWER TOOLS which is essential for maintaining or updating customers' accounts or system information.

If offered, customers may access and modify their personal information via their online personal control panel/account information page. Customers may access and modify their personal information by contacting the KD POWER TOOLS customer service department via email support@coachpowertools.com.

Domain name customers who have registered a domain name with KD POWER TOOLS and wish to change the Technical Contact from KD POWER TOOLS to another company, may send a request to support@coachpowertools.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

Disclosure of customer information and communications

KD POWER TOOLS will not otherwise disclose its customers' personal and account information unless KD POWER TOOLS has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of KD Power Tools, its customers, or others, or where KD POWER TOOLS has a good faith belief that the law requires such disclosure.

KD POWER TOOLS also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that KD POWER TOOLS stores or transmits for its customers. The circumstances under which KD POWER TOOLS will disclose such electronic customer communications are when:

it is necessary in order to provide service to the customer;
it is necessary to protect the legitimate interests of KD POWER TOOLS and its customers;
it is required to cooperate with interception orders, warrants, or other legal process that KD POWER TOOLS determines in its sole discretion to be valid and enforceable; and
it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by KD POWER TOOLS and appear to pertain to the commission of a crime.

KD POWER TOOLS disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. KD POWER TOOLS will, however, review, delete or block access to communications that may harm KD Power Tools, its customers or third parties. The grounds on which KD POWER TOOLS may take such action include, but are not limited to, actual or potential violations of Acceptable Use Policy.



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