2. Changes to Terms and Services.
These terms may be amended or changed by us in our discretion, with or without notice, at any time. Your continued access or use of the Website or any other Services following such changes will be deemed acceptance of such changes. In addition, we reserve the right to modify or cease providing all or any portion of the Services at any time, with or without notice. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
In order to participate in or receive certain Services, you will be required to create an account with us (“Account”), and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree never to use another person’s account. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our support department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
4. Use of Services; Assumption of Risk.
The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed mature or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. You fully assume all risk of loss and risk of personal harm arising out of your use of the services, including but not limited to, any online or offline communications and personal interactions with others. It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services. If do you elect to legally interact with any member of the website outside of the website, you do so at your own risk, and you acknowledge and agree that we the website and/or service or any of its employees, officers or agents are not responsible for any consequences of such election to interact outside of the website.
5. Additional Representations and Warranties.
You further represent and warrant to us, under penalty of perjury, as follows:
(a) You will not provide or permit access or use of the Services, or your Account, by anyone else;
(b) Your Account information is current, complete and accurate and you will promptly update all information to keep your Account complete and accurate upon any change to your information;
(c) You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has (i) embargoed goods; (ii) identified as a “Specially Designated National”; or (iii) placed on the Commerce Department’s Table of Deny Orders;
(d) Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs.
Please note that we do not conduct criminal background screenings on our users or members.
6. Third Party Links and Pages.
(b) Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information through the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will we or our affiliated entities be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any of our users or members.
7. Proprietary Rights.
The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to us, or the content provider subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or Content. We or our licensors retain all intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
8. Content Provided AS IS.
You understand that Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control this Content and do not guarantee its accuracy, integrity or quality. All such Content is provided “AS IS” without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. We claim immunity from liability to the fullest extent permitted by law, and as further provided under the Communications Decency Act, for any Content provided by third parties. Neither our actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
9. Noncommercial Use.
The Services are made available for your personal, noncommercial use. You will not advertise or solicit any user or member to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent. If you breach the terms of this subsection and/or send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
10. Personal Communications and License to Your Content; Right to Block or Remove Content.
(b) We reserve the right, but not the obligation, to refuse to transmit or post, and to disclose, block or remove any Content, including but not limited to, Personal Content, in whole or in part, that we, in our discretion, deem to be in violation of these Terms or otherwise harmful to persons using the Services, regardless of whether this material or its dissemination is unlawful. We retain the right, but not the obligation, to monitor all transmissions and postings of Personal Content and other materials from time to time to investigate or prevent violations of these Terms. In addition, we may also take reasonable steps, including the limiting or filtering of the number of emails, chat messages or posts sent or received by a user or member.
11. Your Conduct.
You further agree not to use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way or commit abuse;
(c) impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users’ or members’ ability to engage in real-time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
(k) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) “stalk” or otherwise harass another person or user or member;
(n) collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information; or
(o) disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or member profile that you create.
Please report any violations of this section or these terms to our support department.
12. Disclaimer of Warranties.
13. Limitation of Liability.
In no event will we be liable to you or any other person for any indirect, consequential, exemplary, incidental, special or punitive damages, Including but not limited to, Lost profits arising out of your use, or inability to use the services, even if we have been advised of the possibility of such damages. You further agree to indemnify us and hold us harmless for any and all claims, damages, liabilities and expenses in the event that you find other users or members content to be offensive, harmful, obscene, inaccurate and/or deceptive. Under no circumstances shall our liability to you for any claim or cause of action whatsoever, and regardless of the form of the action, whether arising in contract, tort or otherwise, exceed the amount paid by you to us (if any), during the 30 day period immediately preceding the date on which you first assert any such claim. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services or any breach or violation of these Terms.
15. U.S. Export Controls.
Software and Content provided through the Services is subject to United States export controls. No software or Content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Choice of Law.
These Terms shall be governed by the laws of the State of Kansas, without regard to its conflict of laws rules or principles.
You agree to exclusive jurisdiction in Kansas and venue in Sedgwick County, Kansas for all arbitration and other proceedings arising out of these Terms.
18. Arbitration of Disputes.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future and including statutory, consumer protection, common law, intentional tort and equitable claims) between you and us or any of our affiliated entities or ours or their agents, employees, principals, successors or assigns arising from or relating to these terms, It’s interpretation or the breach, Termination or validity hereof or the relationships which result from these terms (Including to the fullest extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), Shall be resolved exclusively and finally by binding arbitration administered such disputes shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section and Section 26 below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 25 shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors’ rights in and to intellectual property or confidential information.
19. Class Action Waiver.
In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons or arbitrate any claim as a representative or class action or in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.
20. Electronic Communications.
By using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
22. Force Majeure.
Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control.
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
24. Limitations of Claims.
You agree that any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within Thirty (30) Days after such claim or cause of action arose or be forever barred.
You may not resell, assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice or consent.
26. Agreement Binding.
This Agreement shall be binding upon the parties and their successors and permitted assigns.
This Terms page constitutes a legal Agreement between this site and Yourself, as well as any business entity of which You have any legal or equitable interest. If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.
We only collect personal information from visitors to our web site when they voluntarily provide it to us by completing our registration form or electing to use one of our services. We may require visitors to provide us with information including, but not limited to, their name, physical address, email address, birth date, credit card number, credit card expiration date, username, password, and on occasion a unique identifier (such as their mothers maiden name).
HOW WE USE YOUR PERSONAL AND NON-PERSONAL INFORMATION.
Our goal in collecting personal information is to provide visitors with the most personalized web experience possible and our advertisers with an efficient means to reach the right audience. By knowing a little about our visitors, we are able to deliver more relevant content, advertisements and provide better services. We may use information collected from visitors to our web site for any of the following purposes:
(1) To send visitors information and promotional materials about our company.
(2) To send visitors information and promotional materials from our marketing partners and third parties (such as advertisers on our web site).
(3) To deliver targeted display advertisements and offers by email (by matching criteria provided by our advertisers with information collected from our visitors).
(4) To contact visitors to our web site when necessary.
(5) To allow one-click purchases or access to proprietary content by pre-populating fields, within registration or other transaction screens, with a visitor’s name, billing address, and credit or charge card information (among other things), as provided by that visitor.
(6) To help diagnose problems with our server.
(7) To administer our web site.
(8) To conduct internal reviews of our site (e.g., to determine the number of visitors to the site).
(9) To help us better understand visitors’ use of our site.
(10) To protect the security or integrity of our site. Non-personal information will be used for purposes of conducting internal reviews of the site, monitoring the site, and providing a greater online experience for our visitors.
DO WE DISCLOSE YOUR INFORMATION?
As a rule, we do not share or otherwise distribute our Subscribers’ personal information, including email addresses (i.e. we do not share, sell, or distribute our email lists to third parties). We may transfer or disclose information collected from visitors to our web site to our employees and independent contractors, to our parent company, subsidiaries, affiliates, and to our consultants, other business associates, and suppliers, if the disclosure will enable that party to perform a business, professional, or technical support function for us, or if required to do so by law.
WHAT SECURITY MEASURES DO WE TAKE TO PROTECT YOUR DATA?
In the event of a merger, acquisition, asset or stock sale, bankruptcy, or other asset transfer (regardless of legal formality), any and/or all of our assets may be transferred to a third party, including personal information collected from visitors to our web site.
ACCEPTANCE OF PRIVACY TERMS & CONDITIONS