When accessing the Site, Kaleidoscope Marketing Group LLC ("KMG") will learn certain
information about you during your visit. How KMG handles information we learn about
you depends upon what you do when visiting the Site. If you visit the Site to read
information, KMG collects and stores information concerning your visit, such as
the name of the domain from which you access the Internet, the date and time you
accessed the Site, the Internet address of the Web site you used to link directly
to the Site, and information about your computing system (e.g. your IP address,
operating system, Web browser).
If you identify yourself by sending us an email containing personal information,
then the information collected will be solely used to respond to your message unless
you have agreed to another use of such information.
a higher level of convenience for the visitor. A cookie is a text file that is placed
on your hard drive by a Web page server. The cookies used by the Site are uniquely
assigned to you and can only be read by a Web server in the domain that issued the
cookie to you. Cookies do not contain your personal information and do not retrieve
any information from your personal computer. Cookies cannot be used to run programs
or deliver viruses to your computer. One of the primary purposes of cookies is to
provide a convenience feature to save you time. The purpose of a cookie is to tell
the Web server that you have returned to a specific page. You have the ability to
accept or decline cookies. Most Web browsers automatically accept cookies, but you
can usually modify your browser setting to decline cookies if you prefer. If you
choose to decline cookies, you may not get the full benefit of interactive features
on the Site. The information collected is for statistical purposes. KMG uses software
programs to create summary statistics, which are used for such purposes as assessing
the number of visitors to the different sections of the Site, what information is
of most and least interest, determining technical design specifications, and identifying
system performance or problem areas. We will also inform advertisers of such information
as well as the number of users that have been exposed to or clicked on their advertising
banners. Only aggregated data from these analyses will be provided to third parties.
For site security purposes and to ensure that the Site remains available to all
users, KMG also uses software programs to monitor network traffic to identify unauthorized
attempts to upload or change information, or otherwise cause damage.
KMG does not collect personally identifiable information about you when you visit
the Site, unless you voluntarily provide such information to us. Examples of instances
where you may elect to provide us with personally identifiable information include
registration to view content, registration to receive Site updates or emails, registration
for webinars or conference calls, submission of other content, voting or polling
activity, and participating in contests or sweepstakes conducted through the Site.
The following are ways that we may use this information: (a) send samples, premiums,
products and information; (b) enroll you in contests, programs, or offers you request;
(c) create and manage your account; (d) determine the effectiveness of our marketing
programs ; (e) manage distribution of our marketing programs ; and (f) enforce our
Personally identifiable information will not be sold or otherwise transferred to
unaffiliated third parties without the approval of the user at the time of collection,
unless such transfer is necessary to facilitate the services being requested by
the individual user. The user will have the opportunity to indicate whether he or
she would like to "opt out" of receiving promotional and/or marketing information
about other products, services and offerings from KMG and/or any third parties.
Further, notwithstanding any opt-out of promotional information by the user, KMG
reserves the right to contact a subscriber regarding account status, changes to
the subscriber agreement and other matters relevant to the underlying service and/or
the information collected.
KMG may sometimes permit third parties to offer subscription and/or registration
based services through the Site. KMG is not responsible for any actions or policies
of such third parties if a user decides to subscribe or register on those sites
information to third parties.
Users should be aware that when they voluntarily disclose personally identifiable
information on the public areas on the Site, that information and any substantive
information disclosed in the communication can be collected and used by third parties.
This could result in unsolicited messages from others who post on the Site and are
beyond the control of KMG.
Upon request, KMG will take reasonable efforts to delete a user's personal information
from its database. It may be impossible to delete a user's entry without some residual
information because of backups and records of deletions. All KMG employees are trained
to handle personal, confidential information of our visitors in a confidential manner.
Disciplinary sanctions that may include dismissal are imposed on employees who deviate
from such standards of care.
We believe it is important to provide added protection for children online. We encourage
parents and guardians to spend time online with their children to participate in
and monitor their online activity.
We do not intend to collect personal information from children under 13 online.
Thank you for visiting kaleidoscopecommunitypartners.com (the "Site"), a Web site
owned and operated by Kaleidoscope Marketing Group LLC ("KMG"). We hope you have
a valuable experience on the Site and find the information contained on the Site
to be useful.
Set forth on this page are terms and conditions (the "Terms") that govern your use
of the Site. This Site is offered to you based on your unconditional acceptance
of these Terms. KMG reserves the right to change these Terms at any time and you
agree that each visit you make to the Site shall be subject to the current Terms.
Terms and Conditions
All efforts will be used to maintain the site but you should not assume that it
is error-free. KMG is not responsible for the results of any defects that may be
found to exist in the site or any lost profits or other consequential damages that
may result from such defects.
KMG reserves the right to make changes and improvements at any time and without
notice, and assumes no liability for damages incurred directly or indirectly as
a result of errors, omissions or discrepancies. This disclaimer of liability applies
to any damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to, alteration
of, or use of record, whether for breach of contract, tortious behavior, negligence,
or under any other cause of action.
You specifically acknowledge that KMG is not liable for your defamatory, offensive,
infringing or illegal materials or conduct, or that of third parties, and KMG reserves
the right to remove such materials from the Site without liability.
The contents of the Site pages, including, but not limited to text, graphics, and
icons, are copyrighted materials owned or controlled by KMG and contain KMG's name,
trademarks, service marks, and trade names. No license is granted to you to use
this content or the site address, or other means to hyperlink other Internet sites
with any page in the Site, and KMG assumes no responsibility for any other party's
site hyperlinked to the Site or in which any part of the Site has been hyperlinked.
KMG respects the intellectual property interests of other parties. If you believe
that your work appears on this Site in a way that constitutes copyright infringement,
you may notify KMG's designated agent (identified below) and provide the following
- an electronic or physical signature of the person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if you
are claiming that multiple copyrighted works have been infringed, a representative
list of such works at that site;
- identification of the material that is claimed to be infringing or to be subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit KMG to locate the material;
- information reasonably sufficient to permit KMG to contact you, such as an address,
telephone number, and, if available, an email address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty
of perjury, that the person notifying KMG is authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
KMG's designated agent for copyright matters is:
Pierce Promotions and Event Management LLC
One Monument Square, 4th Floor
Portland, Maine 04101
The Site contains links to and frames of sites which are not maintained by KMG.
While we try to include only links to or frames of those sites which are in good
taste and safe for our visitors, we are not responsible for the content of those
sites and cannot guarantee that sites will not change without our knowledge, and
inclusion of such links and frames in the Site does not imply KMG's endorsement
of the linked or framed sites or their content.
Reference to any specific commercial products, processes, or services by trade name,
trademark, manufacturer, or otherwise does not necessarily constitute or imply its
endorsement, recommendation, or favoring by KMG. Nor shall any information or statements
contained on this server be used for the purposes of advertising, or to imply an
endorsement or recommendation.
By sending us a message in the email area or by posting a message in any bulletin
board or blog area, you agree to have it along with your name posted for public
viewing both here and in KMG's other promotional and advertising materials without
compensation of any kind. We will try to post as many of the messages as we can,
although we cannot promise to post every submission. All messages that are posted
here represent the opinions of other Site users and do not represent the ideas or
opinions of KMG. In consideration of this authorization, you agree that any copy
of this information which you make shall retain all copyright and other proprietary
notices contained on the Site.
KMG encourages creative, original and thought-provoking discussions and everyone
is welcome to post relevant content to the Site. However, the following rules must
be followed if you choose to post content on the Site:
- You may not use defamatory, abusive, antagonistic, harassing, threatening, profane,
or vulgar language, or ethnic slurs.
- You may not violate the legal rights of any third party (including intellectual
property, contract, privacy or publicity rights).
- You may not post, upload or distribute obscene, indecent or unlawful content.
- You may not upload content that contain viruses, corrupted files or similar software
programs that may damage the operation of the Site of other users' computers.
- You may not conduct contests or polls or use the Site to forward chain letters or
- You may not use the Site to collect information about others without their consent.
- You must abide by all applicable laws and regulations.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE SITE. KMG MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ADVICE RECEIVED VIA THE SITE IS GENERAL IN NATURE AND SHOULD NOT BE RELIED UPON
FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KMG, AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. PIERCE, ITS EXPM DIVISION, AFFILIATES, SUPPLIERS AND LICENSORS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KMG, AFFILIATES,
SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PIERCE, ITS EXPM DIVISION,
AFFILIATES, SUPPLIERS AND LICENSORS HAVE 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 THE SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
KMG reserves the right, in our sole discretion, to immediately and without notice:
(a) terminate your access to the Site and the related services or any portion thereof;
(b) delete or modify any content that you have submitted if such content, in KMG's
opinion, violates these Terms or if such deletion or modification is necessary,
in KMG's opinion to protect KMG's interests.
To the maximum extent permitted by law, the Terms are governed by the laws of the
State of South Carolina and you hereby consent to the exclusive jurisdiction and
venue of courts in Charleston, South Carolina for all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of the Terms, including without limitation
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and us as a result of the Terms or use of the Site.
KMG's operation of the Site is subject to existing laws and legal process, and nothing
contained in the Terms is in derogation of KMG's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by KMG with respect to such use.
If any part of the 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 the Terms shall continue in
A printed version of the Terms and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to
the Terms to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be
drawn up in English.
KMG's search engine refers sites and information located worldwide throughout the
Internet. Because KMG has no control over such sites and information, it makes no
guaranties as to those sites and information, including: (1) the accuracy, currency,
content, or quality of the search results, or (2) whether the search may locate
any unintended and objectionable content. Because some of the content on the Internet
consists of material that is adult-oriented or otherwise objectionable to some people,
the results of your search may automatically and unintentionally generate links
or references to objectionable material. KMG can make no claim that such results
will not occur. Search technology does not give results limited to only the hits
that were sought. There may be extraneous hits as well.