1. Acceptance of the Terms of Service
Please read this Agreement carefully before you start using the Services, because by using the Services you accept and agree to be bound and abide by this Agreement. Should you disagree with any of the provisions herein, you must stop using the Services.
2. Changes to the Services and This Agreement
KC Road Lawyers LLC reserves the right to update the Services and this Agreement from time to time, at our discretion and without notice. Nevertheless, this document is public on the Website. Your continued use of the Services following the publishing of an updated Agreement means that you accept and agree to the changes.
3. Conditions of Use
You are permitted to use the Services for your personal non-commercial use or legitimate business purposes, provided that your activities are lawful and in accordance with this Agreement. As a condition of your use of the Services you warrant the following:
- You will comply with all terms and conditions of this Agreement.
- You are over the age of eighteen (18).
- You are a resident of the United States who is accessing the Services from within the United States.
- You are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement.
- Information you provide on the Services is correct, current, and complete.
In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time, in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of this Agreement.
4. Prohibited Uses
While using or otherwise interacting with the Services you agree not to engage in unlawful, disruptive, or destructive behavior. Examples of these prohibited behaviors include:
- Violation of laws or regulations.
- Dissemination, storage, or transmission of unsolicited messages, chain letters, or unsolicited commercial e-mail.
- Creation of a false identity or otherwise attempting to mislead any person, entity, partnership, organization, association, or otherwise, as to the identity or origin of any communication.
- Interfering, disrupting, or attempting to gain unauthorized access to the Services, any computer network, or any computer services, or any individual computer system.
- Disseminating, storing, or transmitting viruses or any other malicious code or program.
- Damaging, disabling, overburdening, or impairing the Services, servers connected to the Services, or networks connected to the Services.
- Interfering with any other party’s use and enjoyment of the Services, servers connected to the Services, or networks connected to the Services.
- Copying, selling, licensing, distributing, transferring, modifying, adapting, translating, preparing derivative works from, decompiling, reverse engineering, disassembling, or otherwise attempting to derive source code from the Services or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted.
- Taking any action to circumvent or defeat the security or content usage rules provided, deployed, or enforced by any functionality contained in the Services.
- Removing, obscuring, or altering our or any third party’s copyright notices, trademarks, or other proprietary rights or licensing notices affixed to or contained within or accessed in conjunction with or through the Application.
- Engaging in any other activity deemed by us, in our sole discretion, to be in conflict with the spirit or intent of this Agreement.
All forms on the Website are encrypted using SSL and protected by both security plugins and a web application firewall, however we cannot guarantee that all use will be secure.
6. Security of User’s System
You shall be solely responsible for the security, confidentiality, and integrity of all messages and the content that you receive, transmit through, or store via any computer or related equipment that is used to access the Services.
8. Technology Limitations and Modifications
Company will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Services with or without notice. In any case, we will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period, nor for any data loss.
9. Intellectual Property
The Website and its original content, features, and functionality (including appearance!), are owned by us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: email@example.com.
For purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of this Agreement, “Content” also includes all Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”).
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements, or changes to the Services that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.
The Website may contain Content specifically provided by us, our partners, or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
No right, title, or interest in or to the Website or any content on the Website is transferred to you; all rights not expressly granted are reserved. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement.
10. User Contributions and Content Standards
The Website may contain user generated content and may also contain message boards, personal web pages, forums, or other interactive features that allow you to upload, post, submit, publish, display or transmit to other users’ content on or through the Website. All User Content must be lawful, not “spammy”, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Not infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
- Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!
User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.
By submitting public User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights to your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Services. We reserve the right to, but do not have any obligation to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all.
User Content is not intended to be legal advice nor form an attorney-client relationship, nor among the users, nor between the users and KC Road Lawyers LLC.
11. Copyright Infringement and Take Down
If you are a copyright holder who believes that any of the products, functionality, or content which are directly available via the Services are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Company’s designated copyright agent at the following address: KC Road Lawyers LLC, Attn: Chris Benjamin, 8 N Delaware St, Butler MO 64730.
A notification of claimed copyright infringement must be addressed to our copyright agent listed above and include the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed.
- Specific identification of each copyrighted work claimed to have been infringed.
- A description of where the material believed to be infringed is located on the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting).
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address.
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Term and Termination
This Agreement will become effective in relation to you when you start using the Services provided by Company and will remain effective until terminated by you or Company. You may terminate this Agreement for any reason by ceasing use of the Services. Company reserves the right, in its sole discretion and without prior notice, at any time and for any reason, to suspend your access to or use of all or any portion of the Services or to terminate this Agreement. If Company terminates this Agreement, Company shall have no liability or responsibility to you, and Company will not refund any amounts that you have previously paid. As per section 20, certain provisions of this Agreement shall remain in effect after the termination of the agreement.
13. Disclaimer of Warranties, Limitations of Liability, and Indemnification
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE SERVICES OR ANY CONTENT PROVIDED ON THE SERVICES IS ERROR FREE. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR DAMAGES, DIRECT OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THE SERVICES, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM YOUR VIOLATION OF ANY THIRD-PARTY’S RIGHTS. YOU ACKNOWLEDGE THAT YOU HAVE ONLY A LIMITED, NON-EXCLUSIVE, NONTRANSFERABLE LICENSE TO USE THE SERVICES. BECAUSE THE SERVICES ARE NOT ERROR OR BUG FREE, YOU AGREE THAT YOU WILL USE THEM CAREFULLY AND AVOID USING THEM IN WAYS WHICH MIGHT RESULT IN ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROPERTY OR INFORMATION.
COMPANY MAKES SIGNIFICANT EFFORTS MEETING OR EXCEEDING INDUSTRY STANDARDS TO ENSURE THE SECURITY AND/OR FUNCTIONALITY OF SERVICES AND RELATED INTERNET TRANSMISSIONS BUT, DUE TO THE INHERENT NATURE OF THE INTERNET, CANNOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.
UNDER NO CIRCUMSTANCES SHALL COMPANY, DIRECTLY OR INDIRECTLY, BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES OR THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICES, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 12.
Company may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
15. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
16. Geographic Restrictions
For now, we provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible, appropriate, or legal outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Venue and Choice of Law
These Terms and Conditions and your relationship with Company under these Terms and Conditions will be governed by the laws of the State of Missouri without regard to its conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of Cass, Missouri to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18. Force Majeure
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
All notices for Company shall be in writing and shall be deemed to be delivered when sent by first-class mail to KC Road Lawyers LLC, Attn: Chris Benjamin, 8 N Delaware St, Butler MO 64730.
The terms and provisions of sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 shall survive any termination or expiration of this Agreement.
21. Entire Agreement
This Agreement constitutes all the terms and conditions agreed upon between you and Company and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of this Agreement in any written or oral communication from you to Company are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Company not contained in this Agreement.
We welcome any comment, question, and communication at firstname.lastname@example.org