Terms and Conditions

 

General

These Terms of Service (the “Terms of Service”) govern your use of www.kisstrust.com website (the “Site”) and also places terms and limits on your use of KissTrust, VBT’s concepts, products and services. "Use" is defined as linking to any page, url or subpage within the KissTrust.com or accessing, or visiting any page, url or suburl within Kisstrust.com

The Site is owned and operated by KissTrust, VBT. (“we” or “us”). By using this Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and by such use your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions for use of the Site, from time to time, in which case we will post the revised Terms of Service (the “Revised Terms” and together with the “Terms of Service” the “Terms”) on the Site. By continuing to use the Site after we post the Revised Terms, you agree and accept the Terms, as modified.

Intellectual Property Rights

www.kisstrust.com Limited License to You. This Site and all Proprietary Information (as defined herein) available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, United States patents and other intellectual property laws. The Site and its concepts are provided solely for your personal noncommercial use. You may not use the Site or the Proprietary Information available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us, in writing. More specifically, unless explicitly authorized in these Terms or by the owner of the Proprietary Information or materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, use or distribute in any manner or medium (including by email or other electronic means) any Proprietary Information or material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

KissTrust® Concept

The KissTrust concept, including its marketing and promotion materials, or the KissTrust Site shall not be used by you, or affiliates, brokers, agencies, employees, independent contractors, joint venturers, subcontractors, or any of their successors or assignees, without the advance written consent of KissTrust, VBT.

Nondisclosure and Non-Use

You may NOT disclose, use or cause to be used, directly or indirectly, elements, whether in whole or in part, of the KissTrust concept, methodologies or design to include but not be limited to; tools and methodologies relating to or utilized in the operation of KissTrust, VBT., as well as all rights therein, whether developed or acquired by us, including, without limitation, all: (a) patents, patent applications, patent disclosures, inventions, processes, designs, formulae (whether or not patentable and whether or not reduced to practice); (b) trademarks, service marks, trade dress, trade names, corporate names, logos, slogans, URLs and Internet domain names, together with all goodwill associated with each of the foregoing; (c) copyrights and copyrightable works; (d) registrations, applications and renewals for any of the foregoing; (e) trade secrets, confidential information, business processes, documents, designs, concepts, Site content and know-how (including, without limitation, ideas, business and marketing plans, customer vendor and supplier lists and related information) KissTrust declares and makes notice that all items included in subsections a, b, c, d, and e herein are “Proprietary Information”). By your access and use of this site you agree that you shall:

(a) Hold all Proprietary Information and materials confidentially and securely;

(b) Not, directly or indirectly, possess, use or disclose any Proprietary Information, Except: (i) Information that in the public domain through no fault of the parties; (ii) Was properly known to you prior to disclosure; (iii) Information that properly disclosed to you by another person; or prior to disclosure by the KissTrust, without restriction.

(c) Not use reverse engineering or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information.

(d) Not engage in any competing activity, or implement any similar likeness or concept.

(e) If asked by us, you shall promptly return all Proprietary Information and all copies, extracts and other objects or items in which it may be contained or embodied.

(f) Notify us of any unauthorized release of Proprietary Information.

(g) Take such steps as are necessary to ensure that all persons having access to Proprietary Information are aware of the Terms described herein and restrictions on its use.

(h) Not undertake, engage or cause any direct or indirect offering of any similar concept or use of the Proprietary Information.

(i) Not engage, hire or retain legal services, technical services or financial services to clone, copy, shadow or replicate the KissTrust Concept or Proprietary Information for your private or commercial use.

In fair consideration and exchange for the opportunity to utilize the Site and be educated about the KissTrust Concept, you acknowledge and agree that due to the unique nature of the KissTrust Concept and the associated Proprietary Information, and as a patent pending concept that any breach of this agreement would cause irreparable harm to KissTrust, VBT for which damages are not an adequate remedy. In the event of a breach you agree to a confessed judgment and stipulated damages to KissTrust, VBT in the amount of the greater of three (3) times all direct or indirect gross revenues associated, generated or derived from the use or sale of the Proprietary Information, or one million US dollars. Additionally, KissTrust shall therefore be entitled to equitable relief, Proprietary Information in addition to all other remedies available at law, including but not limited to the recovery of attorneys fees and court cost.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your business, opinion, affiliation, partnership or other related association by us or our Site.

However, you may not, without our prior written permission, frame or inline link any of the content, material or Proprietary Information of the Site, into another individual or business’ website or services they might offer

Disclaimers

Throughout the Site, we have provided links and pointers to other third party maintained websites. Using the links provided to link to such third-party sites, does not imply an endorsement or sponsorship of the information, products or services offered on or through the third party linked website. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect, any information, products or services that any third party may provide on or through a linked third party websites. We do not warrant or make any representations regarding the use or the results of the use of the site or materials on any third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Nationwide Financial (“Nationwide”) nor its parent or any of its affiliates are in any way affiliated or associated with us or any business or individual affiliated with us. Nationwide’s name and product reference are provided for clarity and should not be construed as an offer to sell any security to any individual or entity.

Nationwide does not specifically endorse nor does it promote any idea present on this Site for any particular potential client. Individual situations and circumstances will vary and you should seek and consult your team of financial and legal professionals before implementing any strategy.

Variable Annuities are long-term, tax-deferred investment vehicles that are sold by prospectus. Variable Annuities will fluctuate in value and are designed for retirement. They allow the creation of a fixed or variable stream of income through a process called annuitization and also provide a variable rate of return based on the performance of the underlying investments. If money is taken out early, there may be fees, called surrender charges, assessed.

Variable Annuities contain guarantees and protections that are subject to the issuing insurance company’s ability to pay them. These guarantees do not apply to any variable accounts that are subject to investment risk, including possible loss of principal.

While it may take some time, you should read the prospectus; it describes risk factors, fees and charges that may apply to a Variable Annuity contract. All Variable Annuities have fees and charges that include mortality and expense, administrative and/or contract fees, as well as the expenses associated with the underlying investment option(s).

The information, products and services offered on or through the site and any third-party sites are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

The Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.

Other

By using this Site you agree that the Terms, described herein, constitutes the entire agreement between us and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous Terms, agreements, proposals and communications, written or otherwise. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms shall govern. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.