Terms of Use Agreement

 

Welcome to The 90-Day Marketer Web Site.  By using this site, you are agreeing to comply with and be bound by the following terms of use which were made effective on May 9, 2010. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.  The term “The 90-Day Marketer” or “us” or “we” or “our” refers to Kaysum Corp., the owner of the Web Site.  The term “you” refers to the user or viewer of the Web Site.

Click Here for Terms Regarding Services Rendered (building web sites, individualized coaching)

Click Here for Terms Regarding The 90-Day Marketer Affiliate Program

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site ( "The 90-Day Marketer” Web Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Some of the content on the site is the copyrighted work of third parties.

3. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

4. Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

5. Forms, Agreements & Documents

We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”).  All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license.  Documents are provided without any representations  or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness.  The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.  The Documents may be inappropriate for your particular circumstances.  Furthermore, state laws may require different or additional provisions to ensure the desired result.  You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.  Some Documents are public domain forms or available from public records.

6. No Financial Advice or Financial Advisor-Client Relationship.

Information contained on or made available through the Site or The McKay Earl Accelerated Coaching Program is not intended to and does not constitute financial advice, recommendations, mediation or counseling under any circumstance and no financial advisor-client relationship is formed.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site.  Your use of information on the Site or materials linked to the Site is entirely at your own risk.  We are not a financial firm and the Site is not a financial referral service.

7. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

8. Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

9. Registration.

Certain sections of, or offerings from, the Site require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  We do allow married partners to use one account and or employees of yours. Beyond these exceptions, you are responsible for preventing any unauthorized use.

10. Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

11. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

12. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, coaches, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

4. Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

15. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

16. Limitation of Liability

(a)        We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services or products obtainable therefrom, (b) the unavailability or interruption of the Site, coaching program or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

(b)        THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

17. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

18. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

19. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

20. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  You must review this Privacy Policy by clicking on this link.

21. Payments.

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

22. Securities Laws.

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

23. Links to other Web Sites.

The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

24. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at customerservice@the90daymarketer.com

25. Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

26. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

27. Refund and Return Policy.

Your satisfaction is our top priority. If you have a problem with a transaction, just let us know and we will work with you to resolve the issue. For faster service, please visit our help desk: http://the90daymarketer.com/support/. We will make every effort to respond to all customer service inquiries within 2 business days. For refunds, please visit the help desk and request a refund there. We process refunds quickly, with no hassle.

The 90-Day Marketer Help Desk: http://the90daymarketer.com/support
You may also contact us by email at customerservice@the90daymarketer.com

Please provide your name, date of purchase, product purchased and your unique login name when requesting a refund.

All refunds requested less than 60 days from the time of purchase will be refunded to the credit card or bank account you originally used for your purchase. Any refunds requested past 60 days and less than 90 days from the time of purchase will be either mailed by check or sent via Paypal (you need an active Paypal account).  A paypal is recommended because it is a much faster way to have your refunded money returned to you.  

The 90-Day Marketer comes with a 90 day money back guarantee. The Web Site Building Service (or MLM Web Builder) or the One on One Coaching Program do not come with a money back guarantee, but do provide a guarantee that the service agreed upon will be correctly performed.

Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services.

28. Availability and Eligibility

The 90-Day Marketer affiliate program, The 90-Day Marketer courses are only available to those who are the legal age who can legally enter binding contracts. 

29. User's Responsibilities and Acknowledgements.

As a 90-Day Marketer user, you are obligated to read this agreement and privacy policy before submitting your application for enrollment into the course.  You agree to abide by the conditions set forth in this document and in the Privacy Policy.  You acknowledge that we provide no guarantees to earning potential, offer any legal or financial advice.  The site and coaching program are for information purposes only. 

30. Breach

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, Kaysum Corp will not issue any refunds of any amount to you.

The 90-Day Marketer Affiliate Program Terms:

31. Enrollment in The 90-Day Marketer Affiliate Program

You are automatically enrolled into The 90-Day Marketer affiliate program when you make a purchase of The 90-Day Marketer course. However, this affiliate program will have no links nor commissions available to you. You will need to agree and abide by the terms of The 90-Day Marketer Affiliate program in order to see affiliate links, banners and resources, as well as to be paid.  If you are under 18 years of age, you will be not be allowed to participate in The 90-Day Marketer affiliate program and the other products of this site.

If you choose not to take part in the affiliate  program, simply ignore the affiliate pages in the My Account tab.  To enroll in the affiliate program without making a purchase, visit the affiliate sign up page and follow the instructions listed on the page.

32. Termination of The 90-Day Marketer Affiliate Program

Your affiliate account will be terminated if you do not comply with the rules and regulations set forth in this document.  Your account will be rejected if we determine it is unsuitable for this program for any reason including, but not limited to obscene, harassing, or unlawful activities such as copyright infringements, unlawful graphics or images displayed on your site or engaging in e-mail SPAM.  If you give false earning claims or mislead our products, your account will be subject to immediate termination and you will lose out on all pending commissions.

33. Utilizing Links on Your Site.

As a 90-Day Marketer affiliate you may use approved links, and or banner ads to promote our products that is in keeping with our terms of agreement.  You CANNOT SPAM.  Any spamming activity, which includes sending unsolicited e-mail and violating any part of the 2003 US Can Spam Act, will result in termination of your affiliate account and forfeit of commissions.  If we determine or reasonably suspect that you are engaging or have engaged in spam to promote our products, your affiliate account will be terminated and your pending commissions will be forfeited.  Approved links can be found in the affiliate section The 90-Day Marketer web site or for affiliates who are non-members of The 90-Day Marketer, they can access these links and images by logging into the The 90-Day Marketer account log in screen and clicking on "Affiliates Area." If you would like to modify a link or image, you must receive approval and consent from us.  Please e-mail visit The 90-Day Marketer Help Desk to make such a request.

34. Commissions.

The 90-Day Marketer Affiliate Program
Commission Rates:
The 90-Day Marketer: 25.0836% (this will equal $75 for the normal price of $299 for The 90-Day Marketer)
MLM Web Site Building Service: 10% (this will equal $30 for the normal price of $299 for this service)

 

The 90-Day Marketer Power Affiliate Program
Commission Rates:
The 90-Day Marketer: 33.4448% (this will equal $100 for the normal price of $299 for The 90-Day Marketer)
MLM Web Site Building Service: 16.7224% (this will equal $50 for the normal price of $299 for this service)

You cannot use your own affiliate code to purchase a product from yourself. If this is the case, you will not receive a commission.

 

35. Commission Payment.

Commissions deemed due and owed to you under the program will be paid to you directly by The 90-Day Marketer after a holding period of at least 15 days.  Each commission owing will be accounted for on the 1st of the month and paid out between the 15th and 20th of the month.

Example of commission payout structure:

If you earned a commission on April 3rd you would get paid on May 15th to the 20th (15 day wait period would take it to May 18th, then the next pay period would be the 1st of May and payouts would be between May 15th to 20th).

If you earned a commission on April 15th, you would get paid on May 15th to the 20th (15 day wait period would take it to April 30th, then the next pay period would be one day later on the 1st of May and payouts would be between May 15th to 20th).

If you earned a commission on April 17th, you would get paid on June 15th to the 20th (15 day wait period would take it to May 1st, then the next pay period would be the 1st June and payouts would be between June 15th to 20th)

 

You cannot use your own affiliate code to purchase a product from yourself. If this is the case, you will not receive a commission.

 

The 90-Day Marketer reserves the right to only pay for referrals that are active.  If one of your past commissioned sales requests a refund, your paid commission will be taken out of your next commission payout. 

 

If you are a citizen of the United States or Canada, you will also be required to submit your Social Security number or Tax ID to us or we will not be able to send your commissions to you.

 

If you live outside of the United States, you are required to have a Paypal account to receive payments. If you do not have a Paypal account, you will not receive commissions. If there are extenuating circumstances that do not allow you to have a Paypal account, then other arrangements can be made. A charge may apply if using another payment option other than Paypal. Please contact The 90-Day Marketer Help Desk to make such a request.

 

Commission payments to the Untied States may be made via check with a $2.00 charge. To receive a check, please send your request to The 90-Day Marketer Help Desk.

 

36. Commissions and Affiliate link Errors

If the purchaser intended to use your affiliated link, but used another affiliate's link, the commission will go to the affiliate that the customer intended to purchase from. The only way to make this change is for the customer to contact Kaysum Corp within 15 days of purchase, explaining their error and requesting to give the proper affiliate commission to the correct affiliate. They will need to supply the following information:

1. Their name
2. Their purchase ID number
3. The name of the affiliate that they want to give credit to
4. The reason why the affiliate they intended did not get the credit

The customer must submit this information by using a creating a ticket in the The 90-Day Marketer Help Desk.

37. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Phoenix, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

38. Arbitration. 

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona, necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

Individualized services rendered

39. Terms and Agreements:

All Terms of Use Agreement that apply to The 90-Day Marketer, which are listed on this web page, also apply to services rendered such as building web sites and providing one on one coaching. There is one exception regarding the refund policy, which is stated below.

40. Refund policy for services provided:
We provide a 100% guarantee that we will provide the services outlined in building your web site as outlined in the package that you have chosen.  If there are any errors in the services provided, we (Kaysum Corp) will work to fix them to the level that was agreed upon.  This is a service based product and as such there will be no refunds given for this service.

The One on One Coaching Program will also not honor refunds, but will work with you to have a positive experience.