Terms and Conditions of Use
- Basic Disclaimers
- This website is provided to you by Three Creeks Media, LLC, 1000 Walnut Street, Suite 1400, Kansas City, Missouri 64106. Three Creeks Media strives to ensure the information contained on the website is accurate, although occasionally errors may occur. Three Creeks Media, LLC reserves the right to make changes and/or improvements to this website at any time. Further, THIS WEBSITE AND THE INFORMATION, SOFTWARE, AND SERVICES ARE PROVIDED ‘AS IS’ WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THREE CREEKS MEDIA, LLC, OR ANY OF ITS AFFILIATES, IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER INJURY ARISING OUT OF THE USE OF THE SITE.
- Information About You and Your Visits to the Website
- Intellectual Property
- The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, source code, calculations, products, data, functionality, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Three Creeks Media, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All notices of copyright infringement claims should be sent to [email protected].
- You agree to indemnify Three Creeks Media, LLC and its’ affiliates from and against any and all liabilities, expense (including attorney’s fees) and damages arising out of any claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these Terms and Conditions of Use.
- Choice of Law
- You agree that the laws of the State of Missouri govern this contract and any claim or dispute that you may have against us, without regard to Missouri’s conflict of laws rules. You further agree that a court located in Boone County, Missouri will resolve any disputes or claims that you may have against us.
- Dispute Resolution
- Any claim, dispute, or cause of action arising out of the use of the Site shall be subject to arbitration under the commercial arbitration rules of the American Arbitration Association, in a proceeding held before one arbitrator as chosen by Three Creeks Media, LLC. The arbitration shall occur in Boone County, Missouri. Any claim, dispute, or cause of action shall be resolved in the arbitration proceeding and shall be binding on all parties. You, as the consumer, waive and forfeit any and all rights to any action in state or federal court to defend or assert your rights.
- Disclaimer of Warranties
- We provide This website “as is”, “with all faults” and “as available.” YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Neither we nor our Contributors make any express warranties or guarantees about This website and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THIS WEBSITE AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF THIS WEBSITE. WE DO NOT GUARANTEE THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THIS WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
- Limitation of Liability
- OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON THIS WEBSITE, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
- IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE THIS WEBSITE SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR THIS WEBSITE SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
- Complete Agreement
- This Agreement and any supplemental terms, policies, rules and guidelines posted on this website constitute the entire agreement between you and Three Creeks Media, LLC and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Comments and Concerns
- This website is operated by Three Creeks Media, LLC.
- All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]
Please Print and Retain a Copy of this Agreement for Your Records.
Three Creeks Media, LLC (Last Updated: Nov. 2, 2021)