ACCEPTANCEWhen using dotKC.com, you agree to the following terms and conditions (the
"Terms of Service"). You can always check out the most current version of
these Terms of Service at this page which may be updated from time to time
without notice. When using a particular dotKC.com Site or Service, you and
dotKC.com shall be subject to any posted guideline or rule applicable to such
service which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the Terms of Service. If you do
not agree to these Terms of Service please do not use the site and do not
register to be a member of dotKC.com.
OVERVIEW
dotKC.com currently provides users with access to services,
resources, including, various communications tools, shopping services,
forums, blogs, search services, personalized content through its network of
properties (the "Service"). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for
dotKC.com to provide the Service. You also understand and agree that the
Service may include certain communications from dotKC.com, such as corporate
messages, service announcements, and a newsletter, and that these
communications or notices are considered part of the dotKC.com membership and
you will not be able to opt-out from receiving them. Unless explicitly
stated otherwise, any new feature that augment or enhance the current
Service, including the release of new dotKC.com services or properties, shall
be subject to the Terms of Service.
You are responsible for obtaining access to any Service
and that may involve a third party. You are responsible for those fees, such
as Internet service provider or airtime charges associated with the display
or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
REGISTRATION OBLIGATIONS
In consideration of your use of a certain Service, you
represent that you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (i) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form, and (ii) maintain and promptly update the
registration information to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or dotKC.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, dotKC.com has
the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof). dotKC.com is
concerned about the safety and privacy of all its users, especially
children.
Portions of this Service are not directed to children under 13 years of age,
and children under 13 years of age shall not use portions of these Services
or submit any personal identifiable information about themselves.
ACCOUNT AND PASSWORD SECURITY
When you sign up, you will receive or choose a User ID and
Password upon completing the registration process for any Service. You are
responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password
or account. You agree to immediately notify dotKC.com of any unauthorized use
of your password, or account or any other breach of security. Also, you
agree to ensure that you exit from your account at the end of each session
(especially at work or public facility). dotKC.com cannot and will not be
liable for any loss or damage arising from your failure to comply with these
Terms of Service.
GENERAL PRACTICES
You acknowledge that dotKC.com may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that , message board postings, email
messages, or other uploaded content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space
that will be allotted on dotKC.com servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that dotKC.com has no
responsibility or liability for the deletion or failure to store any
messages and other communications or other content maintained or transmitted
by the Service. You acknowledge that dotKC.com reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that dotKC.com reserves the right to modify these general
practices and limits from time to time.
BY USING DOTKC.COM SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE
DOTKC.COM
TERMS OF USE AND BY THE APPLICABLE PROVISIONS OF THE DOTKC.COM TERMS OF
SERVICE INCLUDING BUT NOT LIMITED TO THE DOTKC.COM PRIVACY POLICY AND ANY
OTHER DOCUMENTS AVAILABLE ON OR THROUGH ONE OF OUR WEB SITES (COLLECTIVELY
AND SEPARATELY REFERRED TO AS THE "DOTKC.COM TERMS OF SERVICE"). IF YOU DO
NOT AGREE, DO NOT USE ONE OF OUR SERVICES.
USER SUBMISSIONS
As a user, you are responsible for your own communications
and are responsible for the consequences of their, posting. You must not,
and by using any dotKC.com service you agree not to, do the following things:
post material that is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it; post material that
reveals trade secrets, unless you own them or have the permission of the
owner; post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others; post
material that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or entity; post
a sexually-explicit image or statement; post advertisements or solicitations
of business, post chain letters or pyramid schemes; impersonate another
person; or post material that contains viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines that are
intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or information.
dotKC.com does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by users or endorse any opinions
expressed by users. You acknowledge that any reliance on material posted by
other users will be at your own risk.
dotKC.com acts as a passive conduit for the online distribution and
publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for
screening or monitoring material posted by users. If notified by a user of
communications which allegedly do not conform to these TERMS OF SERVICE,
dotKC.com may investigate the allegation and determine in good faith and its
sole discretion whether to remove or request the removal of the
communication. dotKC.com has no liability or responsibility to users for
performance or nonperformance of such activities. dotKC.com reserves the
right to expel users and prevent their further access to the Web Site for
violating the TERMS OF SERVICE or the law and the right to remove
communications which are abusive, illegal, or disruptive. dotKC.com may take
any action with respect to user-submitted information that it deems
necessary or appropriate in its sole discretion if it believes it may create
liability for dotKC.com or may cause dotKC.com to lose (in whole or in part)
the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of
any dotKC.com Service, including message boards, forums, contests and chat
rooms, you grant dotKC.com and its affiliates the loyalty-free, perpetual,
irrevocable, sublicenseable (through multiple tiers), non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to
the public, perform and display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or technology
now known or later developed, for the full term of any rights that may exist
in such content. You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively waived all such
rights and validly and irrevocably granted to you the right to grant the
license stated above. You also permit any subscriber to access, display,
view, store, and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on the Web Site retains any and
all rights that may exist in such content.
We appreciate hearing from our Users and welcome your comments regarding our
services. Please be advised, however, that our policy does not permit us to
accept or consider creative ideas, suggestions, inventions or materials
other than those which we have specifically requested. While we do value
your feedback on our services, please be specific in your comments regarding
our services and do not submit creative ideas, inventions, suggestions, or
materials. If, despite our request, you send us creative suggestions, ideas,
drawings, concepts, inventions, or other information (collectively the
"Submission"), the Submission shall be the property of dotKC.com. None of the Submission shall be subject to any obligation of
confidence on our part and we shall not be liable for any use or disclosure
of any Submission. dotKC.com shall own exclusively all now known or later
discovered rights to the Submission and shall be entitled to unrestricted
use of the Submission for any purpose whatsoever, commercial or otherwise,
without compensation to you or any other person who submitted the
Submission.
CHAT SERVICE
The chat service available to you by dotKC.com on an "AS
IS" basis subject to the provisions contained herein for your private
personal use only. Any other use or attempt to use dotKC.com for commercial
purposes, promotion of products and services, or other such purposes,
directly or indirectly, by you or by a third party is prohibited.
OFFENSIVE MATERIALS
By accessing and using dotKC.com Services, You understand
and acknowledge that there are Materials that You may find offensive. This
Site contains Materials that You or others may consider offensive,
pornographic, racist, sexist, indecent, or just in extremely bad taste. Do
not access or use this Services or the Materials if you would be offended by
nudity, sexual, racial or other references, or bad jokes, puns and
questionable humor. By accessing and using the Services and Materials You
waive any claims of any kind that You might have against dotKC.com, its
officers, directors, employees, agents, attorneys, spouses and mothers as a
result of Your viewing, reading or hearing any of the Materials contained on
any Site or Service owned by dotKC.com.
YOU WILL NOT
(1) harass, threaten, abuse, defame, embarrass or cause
distress or discomfort upon another dotKC.com participant; (2) transmit via
dotKC.com any information, data, text, files, links, software, chat, content,
communication or other materials and terms of expression ("Information")
that are offensive, racial, discriminating, unlawful, information or
instructions concerning illegal activities, harmful, threatening, abusive,
harassing, defamatory, obscene, or otherwise objectionable; (3) transmit via
dotKC.com any Information that infringes any patent, trademark, trade secret,
copyright or other proprietary right; (4) disrupt the normal flow of
Information on or through dotKC.com or otherwise act in a manner that
negatively affects other participants; (5) post or transmit any unsolicited
advertising, promotional materials, or any other forms of solicitation; and
(6) intentionally or unintentionally violate any applicable local, state,
national or international law. (7) translate, decompile, reverse engineer,
disassemble, modify, copy, alter, merge into other software, reproduce,
rent, lease, lend, distribute, remarket or otherwise dispose of dotKC.com or
any part thereof. (8) Impersonate any person, leader, dotKC.com official,
operator or host.
CERTAIN RISKS
You acknowledge that there are certain risks inherent to
the use of dotKC.com. These include, but are not limited to, disclosure of
confidential information (including personal details), the improper
operation of dotKC.com (such as failing to function or to function
correctly), and the risk that third parties directly or impersonating
themselves as someone they are not, will contact you or attempt to contact
you as a result of dotKC.com's provision of and/or your use of dotKC.com.
IF
YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES
COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE,
IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER BEFORE DISCLOSING AND PUBLISHING
PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND
PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
You should also note that the messages or Information you send or deliver on
or through dotKC.com will be stamped with your IP address, thus allowing
third parties to view it, and/or use it for harmful, unlawful or distressing
purposes.
Without limitations to the generality of the aforesaid, due to the nature of
Internet, computers, data flow, and other technical and economical
practicalities, dotKC.com as most computer data and Internet applications,
is vulnerable to various security issues and hence should be considered
unsecured. By using a dotKC.com Service and the Internet in general, you may
be subject to various risks, including among others eavesdropping, sniffing,
spoofing, forgery, spamming, "imposturing", tampering, breaking passwords,
harassment, fraud, electronic trespassing, hacking, nuking, system
contamination including without limitation, viruses, worms, Trojan horses,
causing unauthorized, damaging or harmful access and/or retrieval of
information and data on your computer and other forms of activity that may
even be considered unlawful. Information received or delivered on and
through a dotKC.com Service may be subject to other security or privacy
hazards or may not reach its destination or reach an erroneous address or
recipient. dotKC.com is not different than other applications in this
respect.
INFORMATION
You must evaluate, and bear the risk associated with, the
accuracy, completeness or usefulness of any Information received on or
through dotKC.com. dotKC.com shall not be obligated to actively monitor the
Information users deliver or send on or through dotKC.com and shall not be
responsible for any Information received on or through one of our Service,
not including our chat rooms.
THE INFORMATION ON DOTKC.COM MAY INCLUDE INAPPROPRIATE
MATERIAL. BY ENTERING DOTKC.COM YOU UNDERTAKE FULL RESPONSIBILITY FOR: (A)
DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS (B) DETERMINING
WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE
THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU (C) COMPLIANCE WITH ANY
LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY
COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO
NOT AGREE TO THESE TERMS, DO NOT USE ANY DOTKC.COM SERVICES.
dotKC.com does not warrant or guarantee 1) that any
Information received on or through dotKC.com will be free of infection by
viruses, worms, Trojan horses or anything else manifesting contaminating or
destructive properties; 2) that the Information received on or through
dotKC.com will not contain adult-oriented material, or material which some
individuals may deem objectionable; 3) that the functions or services
performed by dotKC.com will be uninterrupted or error-free or that defects in
dotKC.com will be corrected. It is the sole responsibility of the user to
isolate software and Information, execute anti-contamination software and
otherwise take steps to ensure that software or Information, if contaminated
or infected, will not damage user's information or system.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF DOTKC.COM IS AT YOUR OWN
RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR
USE OF DOTKC.COM IS GIVEN OR ASSUMED BY DOTKC.COM ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
DOTKC.COM MAKES NO WARRANTY THAT DOTKC.COM WILL MEET YOUR REQUIREMENTS, OR
THAT DOTKC.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
DOTKC.COM MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF
THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH DOTKC.COM FOR ANY PURPOSE
NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH
INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR
RECEIVED ON OR THROUGH DOTKC.COM IS NOT REVIEWED, CONTROLLED OR EXAMINED BY
DOTKC.COM IN ANY WAY BEFORE IT APPEARS ON DOTKC.COM. DOTKC.COM DOES NOT
ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION.
USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE
HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES
(INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS).
LIMITATION OF LIABILITY
IN NO EVENT SHALL DOTKC.COM BE LIABLE TO ANY PARTY FOR ANY
DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY
OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY,
USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF DOTKC.COM EVEN IF
DOTKC.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND
CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
In no event shall dotKC.com be liable to anyone for any
delays, inaccuracies, errors or omissions with respect to the Information or
the transmission or delivery of all or any part thereof, for any damage
arising therefrom or occasioned thereby, or for the results obtained from
the use of the content of messages.
DOTKC.COM's LIABILITY
dotKC.com is only a venue. As a result, dotKC.com has no
control over the quality, safety or legality of the information posted, the
truth or accuracy of the listings. In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people acting under false
pretenses. You assume all risks associated with dealing with other users
with whom you come in contact through the Web Site and/or the other
dotKC.com
Sites.
Because user authentication on the Internet is difficult,
dotKC.com cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or control
the behavior of participants on any dotKC.com Site or Service, in the event
that you have a dispute with one or more users, you release dotKC.com (and
our agents and employees) from claims, demands and damages (actual and
consequential, direct and indirect) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code d1542, which says: "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not,
control the information provided by other users which is made available
through dotKC.com. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases will be mislabeled or
deceptively labeled.
We expect that you will use caution and common sense when
using dotKC.com Services and/or the other dotKC.com Sites.
dotKC.com Web Sites or Services may contain inaccuracies or
typographical errors. dotKC.com makes no representations about the accuracy,
reliability, completeness, or timeliness of any dotKC.com Site or Service or
the Content. The use of dotKC.com Sites and Services and the Contents are at
your own risk. Changes are periodically made to dotKC.com Sites and Services
and may be made at any time.
DOTKC.COM DOES NOT WARRANT THAT ANY DOTKC.COM SITE OR
SERVICE WILL OPERATE ERROR-FREE OR THAT ANY DOTKC.COM SITE OR SERVICE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF ANY DOTKC.COM SITE OR SERVICE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, DOTKC.COM IS NOT RESPONSIBLE FOR
THOSE COSTS. DOTKC.COM SITES AND SERVICES AND CONTENT ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DOTKC.COM, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. DOTKC.COM MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
dotKC.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL DOTKC.COM, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON ANY DOTKC.COM SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE ANY DOTKC.COM SITE OR SERVICE AND
THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT DOTKC.COM IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
MISCELLANEOUS
(1) dotKC.com shall not be obligated but reserves the right and the sole
discretion to (A) make improvements, corrections, adaptations, conversions
and/or any other change to a dotKC.com Site and Service and to
any part thereof and/or to a revised or new TERMS OF SERVICE; (B) change,
limit, terminate or cease to provide at any time, temporarily or
permanently, dotKC.com functionality or any part thereof, including but not
limited to, to any channel, nickname or robot, to all users or any number
thereof including without limitation, the access to dotKC.com granted to you
or to any other user, at any time, including but not limited while you are
chatting or sending or delivering Information, without notice, for any
reason or no reason; (C) conduct scans for unsecured proxies, Trojan horses,
viruses or any other means for interrupting the normal flow of information
on dotKC.com and deny or reject any connection to dotKC.com of any user or any
number thereof, using such unsecured proxies, Trojan horses, viruses or any
other means of interrupting the normal flow of information on dotKC.com. (D)
nominate any person who may not be a dotKC.com employee to monitor, using
his own discretion, any service (not limited to channels, or chat rooms) and
to allow him to deny or terminate access granted to you or any other user,
without notice, at anytime, including while you are using a service,
chatting, or delivering or sending information. dotKC.com may cancel such
nomination, at any time for any reason or no reason. (E) refrain from
publishing on a dotKC.com Site or Service and delete from any dotKC.com Site
or Service any Information or material provided for display or sent or
delivered from any user; (F) Establish a new operating and usage policy for
dotKC.com and change it at any time for any reason or no reason; (G) cancel,
change, hold, de-list, introduce different options and features to different
users or refrain from publishing dotKC.com numbers or any other details of
the users using dotKC.com, at any time.
(2) dotKC.com may change from time to time, the dotKC.com TERMS OF
SERVICE including these TERMS OF SERVICE. You agree that your use of a dotKC.com Service, beyond a period of 30 days after a notice of such
change has been provided on the dotKC.com network or Web site for the first
time, shall constitute your consent to the new or revised dotKC.com TERMS OF
SERVICE.
(3) Any reference made in this document to dotKC.com shall
be deemed to have been made to dotKC.com, its subsidiaries, successors,
assignees, affiliates as well as any company that controls dotKC.com,
directly or indirectly, and any other subsidiary of that controlling
company.
LINKS TO OTHER SITES
dotKC.com Sites and Services contain links to third party
web sites. These links are provided solely as a convenience to you and not
as an endorsement by dotKC.com of the contents on such
third-party Web sites. dotKC.com is not responsible for the content of linked
third-party sites and does not make any representations regarding the
content or accuracy of materials on such third party Web sites. If you
decide to access linked third party Web sites, you do so at your own risk.
We do not and cannot control the quality, safety or
legality of the promotions or advertisements or other information. We cannot
and do not control whether merchants will honor the promotions or prices or
other information listed on dotKC.com. dotKC.com cannot be held liable for
errors, expired sales, promotions, offers, or typographical errors.
As a result, dotKC.com does not represent or endorse the
truth, accuracy or reliability of any of the information, content or
advertisements contained on, distributed through, linked to, downloaded or
accessed from dotKC.com , nor the quality, price of products or services,
materials displayed offered for sale, purchased, or obtained by you as a
result of an advertisement or any other information or offer in or in
connection with the services. Under no circumstances will dotKC.com have any
liability for any loss or damage caused by your reliance on information
obtained through this website, on any offer misrepresented or not fulfilled
by a merchant. It is your responsibility to evaluate the accuracy,
completeness or usefulness of any offer, promotion or other information
available through any website owned and operated by dotKC.com. You hereby
acknowledge that any reliance upon any information shall be at your sole
risk.
dotKC.com reserves the right, in its sole discretion and
without any obligation, to modify the site, descriptions, sales, promotions,
offers, products or services at any time without notice.
THE SITE, PRODUCTS, SERVICES AND TEXT ARE PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS, AND DOTKC.COM EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY
AND NON-INFRINGEMENT. IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THEN THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL DOTKC.COM BE LIABLE WITH RESPECT TO THE
SITE, PRODUCTS, SERVICES, OR MATERIALS (I) FOR ANY AMOUNT OF LOSS INCURRED
BY YOU AS A RESULT OF RELYING ON INFORMATION FROM THIS SITE; OR (II) FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING (WITHOUT LIMITATION), LOSS OF DATA, INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY.
IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
dotKC.com encourages you to exercise discretion while
browsing the Internet using any website owned and operated by dotKC.com. This or any website owned and operated by
dotKC.com, links,
products or services may direct you to sites containing information that
some people may find offensive or inappropriate. We do not and cannot
control the content on sites we link to, therefore dotKC.com makes no
representations concerning any content of sites accessed through this
website or any of the materials.
dotKC.com cannot and will not be responsible or liable for
the accuracy, copyright compliance, legality or decency of material
contained in sites accessed through dotKC.com.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or
obligations under these TERMS OF USE. You also agree not to make any
unauthorized commercial use of any dotKC.com Site or Service.
TERMINATION
dotKC.com reserves the right, at its sole discretion, to
pursue all of its legal remedies, including but not limited to deletion of
your postings, services, or entries from any dotKC.com Site or Service and
immediately terminate your registration with or the ability to access this
any dotKC.com Site or Service and/or any other service provided to you by
dotKC.com, upon any breach by you of these TERMS OF SERVICE or if dotKC.com is
unable to verify or authenticate any information you submit for
registration.
INDEMNITY
You agree to defend, indemnify, and hold harmless
dotKC.com, its officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the
Material or your breach of these TERMS OF SERVICE. dotKC.com shall provide
notice to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit or
proceeding.
GENERAL
dotKC.com makes no claims that the Materials may be
lawfully viewed or accessed outside of the United States. Access to the
Materials may not be legal by certain persons or in certain countries. If
you access any dotKC.com Site or Service from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws
of your jurisdiction. These TERMS OF SERVICE are governed by the state of
Missouri. Jurisdiction for any claims arising under this agreement shall lie
exclusively with the state or federal courts within Kansas City, Missouri.
If any provision of these TERMS OF SERVICE are found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these TERMS OF
SERVICE, which shall remain in full force and effect. No waiver of any term
of these TERMS OF SERVICE shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided in additional
TERMS OF SERVICE for areas of any dotKC.com Site or Service, a particular
"Legal Notice," or Software License or material on particular Web page,
these TERMS OF SERVICE constitute the entire agreement between you and dotKC.com with respect to the use any Site or Service. No changes
to these TERMS OF SERVICE shall be made except by a revised posting on this
page.
ADDITIONAL TERMS OF USE
Certain areas on any dotKC.com Site or Service may be
subject to additional or different TERMS OF SERVICE. By using such areas, or
any part thereof, you agree to be bound by the additional TERMS OF TERMS
applicable to such areas.
VIOLATIONS
Please report any violations of the Terms of Service to Customer Service
.