Terms and Conditions
- The website(s) published by KSS that link(s) to this Agreement (each with its respective pages and features, the “Site”); andli>
- The content services offered, published, distributed or transmitted by KSS on or through the Site (collectively, the “Service(s)”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND KSS THAT APPLIES TO EACH AND EVERY SITE AND SERVICE, EVEN IF YOU ONLY VISIT, ACCESS, REGISTER WITH OR USE ONLY ONE SITE OR SERVICE. THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THESE TERMS, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS.
YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THESE TERMS WHENEVER YOU CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT ON OR THROUGH THE SITE. SIMILARLY, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THESE TERMS WHENEVER YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR SERVICE; AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF ANY OF THE FORGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM VISITING, ACCESSING, REGISTERING WITH, SUBSCRIBING TO OR USING ANY SITE OR SERVICE.
KSS MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THESE TERMS AT ANY TIME. SUCH MODIFICATIONS WILL BE COMMUNICATED TO YOU THROUGH ONE OR SEVERAL METHODS AS DETERMINED AND SELECTED SOLELY BY KSS. METHODS WE COMMONLY EMPLOY ARE (I) POSTING ON THIS OR ANOTHER PAGE OF A SITE; (II) EMAILING TO THE EMAIL ADDRESS THAT YOU PROVIDE THROUGH A SITE. CHANGES TO THE TERMS SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THESE EACH TIME YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR SERVICE.
- Eligibility. The Sites and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted these Terms. By visiting, accessing, registering with, subscribing to or using the Site or Service, you represent and warrant to KSS that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, subscribing to and using the Site and any Service, and for purchasing and using any products or services on or through the Site, and you may only use the Sites and Services for lawful purposes.
- Your Devices. Certain portions of the Site or certain Services may be configured for, and We may offer the Site or Services through, certain computers, tablets, smart phones or other electronic devices (“Device(s)”); and these Terms shall apply with equal force and measure to your visit, access, registration with, subscription to and use of the Site, and/or the Services through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly visit, access, register with and use the Site or Service. We do not guarantee that the Site or any of the Services or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier or network. If you visit, access, register with, subscribe to or use the Site or Service through a particular Device, then you hereby acknowledge and agree that information about your use of such Site or Service through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to KSS and/or certain third-parties (such as, by way of example only, your Device’s carrier or network). ALL OR ANY PART OF THE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIER OR NETWORK, OR ANOTHER THIRD-PARTY, MAY APPLY TO YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO AND/OR USE OF THE SITE AND/OR SERVICE. WE ARE NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IF ANY.
- Ownership. The Site and the Services and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by KSS. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under these Terms. No rights or permissions granted to you under these Terms are coupled with an interest. Nothing contained in these Terms shall be construed as a waiver or limitation of KSS’s or its licensors’ respective rights and remedies under applicable law.
- Rights, Permissions, and Consents.
- License of the Site. Subject to these Terms, We grant you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of our Sites, and to view the information and content found thereon. Your unauthorized use of the Site or the Services, or any breach by you of these Terms, automatically terminates this license.
- License of the Services. Subject to compliance with these Terms, We grant you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the Services made available on or through the applicable Site for your personal, non-commercial use only. For the avoidance of doubt, the foregoing license does not grant you any right to reproduce (other than KSS-permitted downloads, if any), publicly perform, publicly display, publish, distribute, transmit or create derivatives of the Services or any elements or derivatives thereof (including, without limitation, or any content, information, source codes, object codes, data or documentation found thereon or therein, in whole or in part), and you are prohibited from engaging in any such activities. For the further avoidance of doubt, KSS may, from time-to-time, conduct certain audit, repair, modification or testing activities in relation to the Site and/or the Services for purposes of developing, operating, improving, researching, troubleshooting, repairing, updating or modifying the foregoing; and KSS reserves the right, but not the obligation, to perform such activities without notice to you, and to exclude you from those activities without notice to you. Your unauthorized use of the Site or a Service, or any breach by you of these Terms, automatically terminates this license.
- Our Proprietary Content.
- Each Site and Service is owned and operated by Us and contains material which is derived in whole or in part from material supplied by Us or our affiliates, subsidiaries and partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual laws. Each Site also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on each Site and in the Services. You acknowledge that each Site and Service has been developed, compiled, prepared, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Us and such others. You agree to protect all such proprietary rights of Ours and all others having rights in the Site or Service during and after the term of these Terms and to comply with all reasonable written requests made by Us or our suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in each Site and Service. You agree to notify KSS immediately upon becoming aware of any unauthorized access or use of the Site or Service by any individual or entity or of any claim that the Site or Service, or component part of either, infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to each Site and Service shall, as between you and Us, at all times be and remain our sole and exclusive property.
- You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in or to any such items.
- You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site or Service, including content, code and software (collectively, “Site Material”) unless specifically granted written permission to do so by Us (including any permission included in these Terms). Site Material may include inaccuracies or typographical errors. We have the right but not the obligation to make changes and updates to any Material without prior notice.
- Links to Our Sites. You are permitted to link to the Site subject to strict compliance with the following terms:
LINKS TO OUR SITE, AND THE EXISTENCE OF SUCH LINKS DO NOT CONSTITUTE AN ENDORSEMENT BY US OF THE LINKED SERVICES OR THE CONTENT THEREOF.
- No link to any Site may be “framed” if the “frame” contains any advertising or other commercial text or graphics.
- Any on-line cable, wireless, or other Internet website, service or browser (other than as described in paragraph (iii) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Toyota or Pepsi), or service (e.g., money transfer services), or public or nonprofit institution (e.g., State of Colorado or Special Olympics) may not link to any Site or Service without our prior written permission, even though the page/area where the link originates does not promote a product, brand, service or institution.
- Except as prohibited above, any on-line cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to the Site without the additional permission from Us if: (i) it is an on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service) that, in our sole opinion, is distasteful, offensive or may reflect adversely upon our reputation and goodwill; (ii) the link is a plain text link and does not include any mark or logo directly associated with Us; and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.
- License of User Materials.
- All names, photographs, video clips, public messages, ideas, reviews, comments, information, communications and any other content that you submit to or publish on, through or in relation to the Site or Service, including those which you submit to or publish on any online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Site, if any and as applicable, is hereinafter defined as “User Materials.” You hereby grant KSS an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for KSS to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, translate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as KSS sees fit in its sole discretion.
- You acknowledge and agree that We and our designees may or may not, at our discretion, pre-screen User Materials before its appearance on the Site or through a Service, but that We have no obligation to do so. You further acknowledge and agree that We reserve the right (but We do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Material that is contributed to the Site or Service. Without limiting the foregoing, We and our designees shall have the right to remove any User Material that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge and agree that We do not verify, adopt, ratify, or sanction User Material, and you agree that you must evaluate and bear all risks associated with your use of User Material or your reliance on the accuracy, completeness, or usefulness of User Material. You understand that by using the Site or Service, you may be exposed to User Material that you may consider offensive or objectionable. You also acknowledge that We are a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. We expressly reserve our rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Site or Service.
- Reservation of Rights. Nothing in these Terms shall restrict or limit our rights, title or interest in or to any of the Sites, the Services, the User Materials or any elements or derivatives of the foregoing.
- Warnings; Disclaimers. PLEASE NOTE THAT THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, OUR USE OF ANY USER MATERIALS IN ACCORDANCE WITH THESE TERMS.
- Suspension or Termination of Service; Disclaimer. KSS has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site and/or the Services at any time, and without notice or recourse, as KSS deems advisable in its sole discretion. KSS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSIONS OR TERMINATIONS (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE OR LOSS OF CONTENT).
- Electronic Communications.
- Express Consent. YOU HEREBY EXPRESSLY CONSENT TO KSS AND ITS AFFILIATES SENDING YOU ANY TYPE OF ELECTRONIC MESSAGE (INCLUDING, WITHOUT LIMITATION, ADVERTISING, TELEMARKETING, OR OTHER COMMERCIAL E-MAILS AND TEXT MESSAGES, INFORMATIONAL E-MAILS OR TEXT MESSAGES, AND ELECTRONIC NOTICES, UPDATES, AND NEWSLETTERS), WHETHER THROUGH THE SITE OR THE SERVICES, OR BY PERSONAL COMMUNICATION, E-MAIL, TEXT MESSAGE, AUTOMATIC TELEPHONE DIALING SYSTEM, OR ARTIFICIAL OR PRERECORDED VOICE, ONLINE SOCIAL MEDIA OR ANY OTHER ELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH COMMUNICATION SHALL VIOLATE THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, OR ANY OTHER APPLICABLE LAWS, RULES OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME. YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION FOR PURCHASE OR LICENSE OF ANY OTHER PRODUCTS OR SERVICES WE OFFER.
- Opt-Out. You may opt-out of receiving any electronic messages from Us as described in section 7(a) above any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to webmaster@TeamKSE.com, with a subject line of “Opt-Out of Electronic Communications.” You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, our products or services (including, without limitation, the Services) and/or your ability to receive certain messages and/or notifications from KSS or its affiliates.
- Unsolicited Materials; User-Posted Content.
- We do not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither Us nor any of our content providers are responsible or liable for the similarity of any information or content made available on, through or in relation to the Site or any of the Services.
- On some Sites, certain Services may enable individuals to submit, post, upload or otherwise make available or visible to Us and other Site visitors User Materials (collectively, “Posts”). For avoidance of doubt, all warranties you make herein (including specifically but without limitation those in section 12 and the license you grant to Us to use User Materials in section 5(e)) apply to all Posts.
- If you believe content is infringing, please contact the webmaster at email@example.com.
- Prohibited Activities. You shall not engage in any of the following activities at any time with respect to the Site or a Service: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Us or its licensors with respect to the Site or a Service); (c) the reproduction of the Site or the Services or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by these Terms); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site or the Services or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or Service or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site or Service or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or Service or their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site or Service or their servers; or (n) any other act that We become aware of and believe in good faith is improper, illegal or harmful to the Site, their servers or any person, entity or property.
- Links to Other Sites, Apps, Networks, Platforms and Servers
- Linked Technologies. Each Site and Service and/or any communications sent on, through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications may contain links to the Site and/or Service (collectively, “Linked Technologies”). The Linked Technologies are not under the control of KSS or its affiliates. Each Site, the Services and any such communications contain the outgoing links as a convenience to you, if for any purpose. YOU SHOULD REVIEW ANY APPLICABLE PRIVACY POLICIES AND TERMS OF SERVICE PUBLISHED THROUGH THE LINKED TECHNOLOGIES.
- Take Down. We reserve the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, names, photographs, videos, comments, reviews, information and/or content made or submitted by you (including specifically but without limitation Posts) or others on or through the Site which We believe at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.
- User Representations, Warranties, and Covenants. You represent, warrant and covenant to KSS that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand these Terms in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of these Terms; (d) you understand and acknowledge that by accepting these Terms you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of these Terms; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, its servers, the Services or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who authored, own or contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) We are not required to seek the permission of or compensate any third-party(s) to exercise any of the rights granted by you under these Terms; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Us in connection with your access or use of the Site or Service is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
- Disclaimers and Limitations. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION 13 ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.
- General Disclaimer. YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. EACH SITE, PRODUCTS AND SERVICES WE OFFER, THE SUCCESS OR PERFORMANCE OF THE SITE OR SUCH PRODUCTS AND SERVICES AND ALL INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR SUCH PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE, NOR HAVE WE MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE SITE, OR SUCH PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO EACH SITE AND SUCH PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY AND SAFETY. WE DO NOT MAKE, NOR HAVE WE MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO ANY SITE OR SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THESE TERMS OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.
- Disclaimer About Products and Services. ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS AND PRICES OF ANY PRODUCTS OR SERVICES OFFERED ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE TO YOU. CERTAIN WEIGHTS, MEASURES AND OTHER DESCRIPTIONS ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE PURPOSES ONLY. THE INCLUSION OF ANY PRODUCTS OR SERVICES ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) DOES NOT IMPLY OR WARRANT THAT THEY ARE OR WILL BE AVAILABLE. IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS (INCLUDING MINIMUM AGE REQUIREMENTS) IN REGARD TO THE RECEIPT, POSSESSION, USE AND SALE OF ANY PRODUCT OR SERVICE ORDERED OR PURCHASED ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES). WE RESERVE THE RIGHT, WITH OR WITHOUT PRIOR NOTICE TO YOU, TO DO ANY ONE OR MORE OF THE FOLLOWING: (I) LIMIT THE AVAILABLE QUANTITY OF OR DISCONTINUE ANY SUCH PRODUCT OR SERVICE; (II) IMPOSE CONDITIONS ON THE HONORING OF ANY COUPON, COUPON CODE, PROMOTIONAL CODE OR OTHER SIMILAR PROMOTION; (III) BAR YOU FROM MAKING OR COMPLETING ANY TRANSACTIONS ON, THROUGH OR IN RELATION TO THE SITE OR ANY SERVICE; AND (IV) REFUSE TO PROVIDE YOU WITH ANY SUCH PRODUCT OR SERVICE.
- Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT EACH SITE AND/OR SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF OUR CONTROL. ACCORDINGLY, WE SHALL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH THE SITE AND/OR SERVICE WHICH RESULTS FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OF OR PROBLEMS WITH THE SITE AND/OR THE SERVICES WHICH ARE OUTSIDE OF OUR CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).
- Disclaimer About Certain Information, Communications and Content. ANY OPINIONS, ADVICE, REVIEWS, STATEMENTS, OFFERS OR OTHER INFORMATION, COMMUNICATIONS OR CONTENT FOUND ON, THROUGH OR IN RELATION TO US, THE SITE, ANY OF THE SERVICES OR ANY THIRD-PARTY PROVIDERS (INCLUDING, WITHOUT LIMITATION, ONLINE FORUMS, OTHER WEBSITES, ADVERTISEMENTS, AND SOCIAL MEDIA PAGES) ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND NOT NECESSARILY OURS; THUS, THEY SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION, COMMUNICATIONS OR CONTENT. WE DO NOT GUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT, EVEN IF KSS OR AN AFFILIATE IS THE AUTHOR. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR RELIANCE ON ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT.
- Limitation of Liability. IN NO EVENT SHALL KSS OR ITS AFFILIATES, OR ANY OF THE SAME’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, ADVERTISERS OR LICENSEES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) CAUSED BY OR ARISING FROM OR IN CONNECTION WITH: (I) YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SITE OR SERVICE, OR YOUR INABILITY TO VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR SERVICE; (II) ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES); (III) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD-PARTY ON, THROUGH OR IN RELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION; (V) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), OR NETWORK(S); (VI) ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S) OR NETWORK(S); (VII) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR IN RELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES; OR (VIII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES), THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE APPLICABLE SITE AND SUCH PRODUCTS AND SERVICES.
- No Injunctive Relief. IF WE BREACH OR OTHERWISE VIOLATE THESE TERMS, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THESE TERMS).
- Limitation of Remedies. IF WE BREACH OR OTHERWISE VIOLATE THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
- General Release of Claims.YOU HEREBY RELEASE AND HOLD HARMLESS KSS AND ITS AFFILIATES, AND THE SAME’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THESE TERMS (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING). FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, ENJOIN KSS OR ITS AFFILIATES, ANY OF THE SAME’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES OR ANY EXERCISE OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THESE TERMS (INCLUDING, WITHOUT LIMITATION, THE USER MATERIALS).
- Indemnification.YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS KSS AND ITS AFFILIATES AND EACH OF THE SAME’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYS’ FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD-PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS OR OMISSIONS, (B) YOUR USE OF ANY SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THESE TERMS, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD-PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THESE TERMS.
- Term; Termination; Survival. These Terms shall continue and remain in effect until it is terminated in accordance with these Terms. We may terminate these Terms at any time, for any or no reason, and without notice to you (including, without limitation, if We believe that you have violated or acted inconsistently with any term or condition of these Terms). If these Terms are terminated for any reason, then all rights granted to you under these Terms shall automatically revert back to Us, and the following shall survive in perpetuity: (a) all defined terms under these Terms; (b) all rights and privileges under these Terms which were granted to and/or accrued in favor of KSS and/or any of the same’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the effective termination date of these Terms; (c) all disclaimers, limitations of liability and limitations of remedies; and (d) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under these Terms.
- Dispute Resolution.
- Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current American Arbitration Association Commercial Arbitration Rules (the “AAA Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the AAA Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or these Terms, then the provisions of these Terms shall control and govern over the AAA Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the AAA Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 18 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
- Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the AAA Rules. The arbitration shall be held in Denver, Colorado, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the AAA Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of these Terms and shall be bound by applicable law.
- Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under these Terms or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 18. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Colorado, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
- Arbitration Fees and Expenses. JAG’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAG and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under these Terms or applicable law.
- Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to these Terms or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Colorado in Denver County, Colorado, United States of America and the United States federal courts in the District of Colorado, Denver Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
- Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS.
- 1Notice. Unless otherwise expressly stated in these Terms, KSS may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, as applicable, by email to the email address you provide to Us, and shall be deemed effective as of their stated effective dates
- Relationship. In no event shall these Terms, the performance of a Party’s rights or obligations under these Terms, the Site, the Services or a Party’s visit to, access of, registration with, subscription to or use of the Site and/or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you and KSS.
- International Users. Our Sites and Services are operated out of the United States of America. We do not represent that content or materials presented on our Sites or through our Services are appropriate (or, in some cases, even available) for use in other locations. If you access the Site or Service from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
- Electronic Signatures. IF YOUR ACCEPTANCE OF THESE TERMS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THESE TERMS. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THESE TERMS AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS ALONE SUFFICES.
- Excused Performance. We are hereby excused for any failure to perform under these Terms to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
- Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms without KSS’s prior written consent in each instance.
- Construction and Interpretation. These Terms shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
- Headings. Section headings are inserted in these Terms for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of these Terms.
- Severability. If any portion of these Terms is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.
- Contact Us. Please direct any questions you may have about the Site or the Services or these Terms to webmaster@TeamKSE.com, with a subject line of “Website Question.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of these Terms.
- Last Modified. These Terms were last modified on January 22, 2018.