Effective: November 05, 2015
Company Intellectual Property
For certain aspects of theWebsite, you may be asked to register an account. In the event you agree to register anaccount, you will select and/or receive a username and password upon providingregistration information and successfully completing the registration process. This account is personal to you, and you willnot share it or allow any other person to utilize your account. You are responsible for maintaining theconfidentiality of your username and password and are fully responsible for allactivities that occur under your username and password. You agree to immediately notify Company inthe event (a) your registration information changes, or (b) you learn of orhave reason to suspect any unauthorized use of your account or any other breachof security. You also agree that youwill provide truthful and accurate information during the registrationprocess. Company may refuse to grant aparticular username to you for any reason, including, without limitation, inthe event Company determines that such username impersonates someone else, isprotected by trademark or other proprietary right law or is vulgar or otherwiseoffensive.
You acknowledge that theWebsite may contain or provide access to information, software, photos, video,text, graphics, music, sounds or other material provided by Company or thirdparties (collectively, â€œContentâ€) that are protected by copyrights, patents,trademarks, trade secrets or other intellectual property laws, and that theserights are valid and protected in all forms, media and technologies existingnow or hereafter developed. For the avoidance of doubt, references toContent shall include User Content.
The Content posted byusers via the Website, other than Feedback (defined below), (â€œUser Contentâ€) isthe intellectual property of the specific users of the Website who post suchUser Content and their licensors, if any. Company does not claim any ownership rights in such User Content. By posting User Content via the Website,however, you hereby grant to Company a limited, transferable, nonexclusive,worldwide, perpetual, irrevocable, royalty-free license to use, reproduce,modify, edit, adapt, publish, translate, display, distribute, sell, sublicenseand create derivative works and compilations incorporating such User Content.
Company does not generallymonitor or otherwise remove User Content after it is posted on the Websiteexcept under certain limited circumstances as required or permitted by law orotherwise in the sole discretion of Company.
In the event you would like to request that Company remove your UserContent from the Website, please contact Company at
Please note however, that if Company agrees,in its sole discretion to remove your User Content, such User Content may notbe completely removed or may otherwise still be available to others in thefollowing circumstances: (a) your User Content has been incorporated intoderivative works or compilations created by Company or other parties; (b) suchUser Content has been retained in Companyâ€™s data backup systems or for archivalpurposes; or (c) to the extent such User Content has been sold to or downloadedby other persons and such persons retain your User Content.
Company welcomes yourcomments, feedback, information, or materials regarding the Website, Content orCompanyâ€™s products or services (collectively, â€œFeedbackâ€). If you submit Feedback to Company, pleasenote that your Feedback shall become the property of Company. By submitting your Feedback to Company, youagree to assign, and hereby irrevocably assign to Company, all right, title,and interest in and to the Feedback and all copyrights and other intellectualproperty rights embodied in such Feedback on a worldwide basis. Company shall be free to use your Feedback onan unrestricted basis. You hereby assignand/or waive, as the case may be, any moral rights that you may have in or tothe Feedback.
In the event that you postany User Content or provide any Feedback via the Website, you hereby make thefollowing additional representations and warranties to Company: (1) you areowner of such User Content or Feedback or otherwise have the right to grantCompany the licenses or assignments granted pursuant to this Agreement; (2) youhave secured any and all consents necessary to post the User Content orFeedback and to grant the foregoing licenses or assignments; (3) the UserContent or Feedback does not violate the rights of any third party, including,without limitation, the intellectual property, privacy or publicity rights ofany third party, and such User Content or Feedback does not contain anypersonally identifiable information about third parties in violation of suchpartiesâ€™ rights; (4) the use of any User Content or Feedback will not result inharm or personal injury to any third party; and (5) all factual informationcontained in the User Content or Feedback is true and accurate.
If you opt-in to receive wirelessservices, you must expressly consent to receive wireless messages, and youagree to be bound by these Mobile Services Terms. Mobile Services are available to adults 18years or older who live in the United States and are void where prohibited.
Mobile Services are available to numerous, but notall, US wireless service providers and geographic regions. Company is not liable for delays in yourreceipt of any Mobile Services or related messages, as delivery depends on theeffective transmission from your carrier or network operator. Please contactyour wireless carrier for any questions regarding your SMS service.
Most wireless transmissions are not secured. Therefore, you agree that Company is notliable to you for any damages caused by a third party's interception of suchtransmissions.
Your mobile carrierâ€™s rates will apply. All charges are billed by and payable to yourmobile service provider. Company doesnot charge you for sending or receiving text messages to or from the numberprovided on our mobile device invite. Byregistering for Mobile Services, you agree that you may be charged by yourwireless carrier for any messages that you send to or receive from Company andthat you are solely responsible for such charges. Contact your wireless carrier if you have anyquestions about your wireless service.
If you have any questions about your selected MobileService(s), you may either (a) text "HELP" to the designatedtelephone number provided on our Mobile invite, or (b) contact us at
To discontinue receiving any Wireless MarketingService(s) from Company at any time, you may either (a) text "STOP"to the designated telephone number provided on our Mobile invite, or (b)contact us at
Company may, in its sole discretion and withoutliability to any person, terminate or modify any or all specific MobileServices at any time without notice. Inits sole discretion, Company may announce changes in Mobile Services on thisSite or elsewhere.
Company uses reasonableefforts to maintain the Website, but Company is not responsible for any defectsor failures associated with the Website, any part thereof, any Content postedusing the Website, or any damages (such as lost profits or other consequentialdamages) that may result from any such defects or failures. The Website may be inaccessible or inoperablefor any reason, including, without limitation: (a) equipment malfunctions, (b)periodic maintenance procedures or repairs which Company may undertake fromtime to time, or (c) causes beyond the control of Company or which are notforeseeable by Company.
Companyis not a backup service for storing User Content, and Company shall have noliability regarding any loss of User Content. You are solely responsible for creating backups of any User Content youpost using the Website.
PLEASE NOTE THE FOLLOWING IMPORTANTDISCLAIMERS OF WARRANTIES:
TOTHE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, ANY CONTENT, AND ANY PRODUCTSOR SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED â€œAS ISâ€ AND â€œAS AVAILABLE,â€AND AT YOUR SOLE RISK. TO THE MAXIMUMEXTENT ALLOWED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLEAND NON-INFRINGEMENT.
WITHOUTLIMITATION, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANYPRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THATUSE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THATTHE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUNDTHEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT,PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITEWILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TOTHE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THATCOMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES(EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY CONTENT,OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE; (B) THE COST OFPROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS,DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED ORTRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR(D) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY CONTENT, OR THE PURCHASE OFCOMPANYâ€™S PRODUCTS OR SERVICES. IF YOUARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TODISCONTINUE USE OF THE WEBSITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITHITS TERMS. TO THE MAXIMUM EXTENT ALLOWEDBY LAW, IN NO EVENT SHALL COMPANYâ€™S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOTLIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,FOR ACCESSING THE WEBSITE, PURCHASING ANY CONTENT OR PURCHASING COMPANYâ€™SPRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY COMPANY FOR PROVIDING THESERVICES.
SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES. ACCORDINGLY, SOME OF THE ABOVELIMITATIONS MAY NOT APPLY TO YOU.
Youagree to defend, indemnify and hold harmless Company, its officers, members,directors, employees and agents from and against any and all claims,liabilities, damages, losses or expenses, including attorneysâ€™ fees and costsand expenses, arising out of or in any way connected with (a) your access to oruse of the Website or any part thereof, (b) any User Content you post via theWebsite, (c) a breach or alleged breach by you of any of your representations,warranties, covenants or obligations under this Agreement, (d) infringement ormisappropriation of any intellectual property or other rights of Company orthird parties by you, (e) any negligence or willful misconduct by you, (f) anyother claim related to your performance under this Agreement, or (g) your useof any Content, services or products provided by Company.
Term and Termination
Governing Law and Other MiscellaneousTerms
Theparties and their respective personnel are and shall be independentcontractors, and neither party by virtue of this Agreement shall have anyright, power or authority to act or create any obligation, express or implied,on behalf of the other party.
You acknowledge and agree that any expenses that youincur in furtherance of this Agreement are voluntary in nature and are madewith the knowledge that this Agreement may be terminated as providedherein. You shall not make a claimagainst Company, and Company shall not be liable with respect to the recoupmentof any expenditures or investment made by you in anticipation of the continuationof this Agreement beyond the term hereof.
Theparties agree that breach of the provisions of this Agreement would causeirreparable harm and significant injury to Company which would be bothdifficult to ascertain and which would not be compensable by damagesalone. As such, the parties agree thatCompany has the right to enforce the provisions of this Agreement by injunction(without necessity of posting bond), specific performance or other equitablerelief without prejudice to any other rights and remedies Company may have foryour breach of this Agreement.
Ifany action at law or in equity is necessary to enforce the terms of thisAgreement, the prevailing party will be entitled to reasonable fees ofattorneys, accountants and other professionals, and costs and expenses inaddition to any other relief to which such prevailing party may be entitled.
Thecaptions and headings of this Agreement are included for ease of reference onlyand will be disregarded in interpreting and construing this Agreement.
Ifthe performance of any part of this Agreement by either party (other thanpayment of money) is prevented, hindered, delayed or otherwise madeimpracticable by reason of any
flood, riot, fire, judicial or governmental action, labor dispute, actof God, telecommunications failure or any other cause beyond the control ofeither party, that party shall be excused from such performance to the extentthat it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements oradditional terms referenced herein, constitutes the complete and exclusivestatement of the Agreement between the parties with respect to the Website,Content, and products and services offered via the Website, and, unlessotherwise expressly provided herein, it supersedes any and all prior orcontemporaneous communications, representations, statements and understandings,whether oral or written, between the parties concerning the Website, Content,and products and services sold via the Website. If any provision of this Agreement is found unlawful or unenforceable inany respect, the court shall reform such provision so as to render itenforceable or, if it is not possible to reform such provision so as to make itenforceable, then delete such provision. As so reformed or modified, the court shall fully enforce thisAgreement. The provisions of thisAgreement that by their content are intended to survive the expiration ortermination of this Agreement, including, without limitation, provisionsgoverning ownership and use of intellectual property, representations,disclaimers, warranties, liability, indemnification, governing law,jurisdiction, venue, remedies, rights after termination and interpretation ofthis Agreement, will survive the expiration or termination of this Agreementfor their full statutory period.
The United Nations Convention on Contracts for theInternational Sale of Goods and the Uniform Computer Information TransactionsAct shall not apply to this Agreement.
Company makes no representation that the Website,Content or other material or information on the Website is appropriate to oravailable in locations outside of the United States. You may not use the Website or export Contentin violation of United States export laws, regulations or restrictions. If you access the Website from outside of theUnited States, you are responsible for compliance with all applicable laws.
Copyright and Copyright Notices
Company respects theintellectual property of others, and we ask our users to do the same. If you believe that your work has been copiedin a way that constitutes copyright infringement, please provide Companyâ€™sCopyright Agent the following information:
an electronic orphysical signature of the owner or person authorized to act on behalf of theowner of the copyright interest;
a description ofthe copyrighted work that you claim has been infringed;
a description ofwhere the material that you claim is infringing is located on the Websitesufficient to
allow us to locate the allegedly infringing material;
your address,telephone number, and email address;
a statement byyou that you have a good faith belief that the disputed use is not authorizedby the copyright owner, its agent, or the law; and
a statement byyou, made under penalty of perjury, that the above information in your noticeis accurate and that you are the copyright owner or authorized to act on thecopyright ownerâ€™s behalf.
Please contact Companyâ€™sCopyright Agent for Notice of Claims of copyright infringement at:
Copyright owners and agents acknowledge thatfailure to comply with all of the requirements of the foregoing may result inan invalidity of the DMCA notice.
Counter-Notice. If you believe that the User Content that wasremoved (or to which access was disabled) is not infringing, or that you haveauthorization from the copyright owner, the copyright ownerâ€™s agent, orpursuant to the law, to post and use the User Content, you may send acounter-notice containing the following information to the Copyright Agent:
your physical orelectronic signature;
identification ofthe User Content that has been removed or to which access has been disabled andthe location at which the User Content appeared before it was removed ordisabled;
a statement thatyou have a good faith belief that the User Content was removed or disabled as aresult of mistake or a misidentification of the User Content; and
your name,address, telephone number, and e-mail address, a statement that you consent tothe jurisdiction of the federal court in the State of Kansas and a statement that you will accept serviceof process from the person who provided notification of the allegedinfringement.
If a counter-notice is received by the CopyrightAgent, Company may send a copy of the counter-notice to the original complainingparty informing that person that it may replace the removed User Content orcease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order againstthe person providing such User Content, the removed User Content may bereplaced, or access to it restored, in ten (10) to fourteen (14) business daysor more after receipt of the counter-notice, at Companyâ€™s sole discretion.