KCMetro.com is provided to you by Converg Media LLC a NetraCorp LLC subsidiary and its partners ("we" or "us"). This visitor agreement ("Visitor Agreement") is a binding legal contract between you and us. Please read this visitor agreement; by using this service, you accept its terms.
The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you accept this agreement, as modified.
We invite you to send in your questions or comments about KCMetro.com, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss via our Contact Us form.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. Although we make our sites freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through our sites are the property of Converg Media or its parent company or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through our sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on our sites in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our sites and to tell them how to find it. Requests for permission to reproduce or distribute materials found on our sites should be requested through the feedback form under Contact Us or writing to KCMetro.com c/o NetraCorp LLC, 804 N Meadowbrook Dr., Suite #134, Olathe, KS 66062.
Your License to Us. By submitting material to our sites, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of our sites, such as our chat rooms, message boards, classifieds, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers (collectively "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by KCMetro.com or Converg Media.
No Framing. Without the prior written permission of Converg Media, you may not frame any of the content of our sites, or incorporate into another Web site or other service any of our intellectual property. Requests for permission to frame our content may be sent to the admin under Contact Us either by email, or at the address above.
Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on our sites without the prior written consent of the owner of the mark. "KCMetro.com" and the KCMetro.com logo are trademarks of Converg Media LLC or its parent company.
Notice of Violations. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via one of our Web sites, please notify us by completing the Contact Form, or by sending a notice by U.S. Mail to NetraCorp LLC, General Counsel, 804 N Meadowbrook Dr., Suite #134, Olathe, Kansas 66062. A written notice must contain at least the same information as requested in our online form. You should only use the Intellectual Property Notification form or send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property and such infringement occurs on this site. All other inquiries directed to us through this form will not be responded to. Such inquiries should be made via the feedback procedure located on our sites.
USE OF COMMUNICATIONS SERVICES
We provide a variety of services through our sites through which you can directly interact with others, such as email services, chat rooms, communications tools, message boards, classifieds, jobs and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our sites or infringesthe rights of others. We also reserve the right (but assume no obligation) to delete, move, block access to, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so or to use any other forms of information available to Converg Media by virtue of your use of our sites (including, for example, reverse IP address inquiry), in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our sites, the public, or Converg Media and its employees, agents, partners, parent company and affiliates.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
Uploading, posting, emailing, transmitting or otherwise making available any content that in our discretion might be unlawful, harmful, threatening, abusive, libelous, or obscene;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
Uploading, posting, emailing, transmitting or otherwise making available any content or material that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting, emailing, transmitting or otherwise making available any content or material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, any illegal pyramid or "Ponzi" type schemes, or any other form of solicitation, without our express written approval;
Gathering for the purpose of "spamming" any email addresses that visitors post in our chat rooms, message boards and other public posting areas;
Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Uploading or posting any off-topic or irrelevant material to any chat room or message board;
Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
"Stalking" or otherwise harassing another;
Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
Collecting or storing personal data about other users;
Gaining unauthorized access to any of our sites, or any account, computer system, or network connected to any of our sites, by means such as hacking, password mining or other illicit means; or
Obtaining or attempting to obtain any materials or information through any means not intentionally made available through any of our sites.
Indemnity. You agree to indemnify and hold us harmless from any claim that may arise from your use of any Communications Service available through our sites.
Spam. We will immediately terminate any account which we believe is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay to Converg Media liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
We work hard to make our sites an interesting and enjoyable place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using our sites.
Use at Your Own Risk. We provide the material available through our sites for informational purposes only. You may only use the material and the Communications Services available through our sites for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the Communications Services are reliable. Yet despite our efforts, errors may occur from time to time. In addition, some reports, such as stock quotes and related financial news, may be delayed at least 20 minutes due to requirements of the stock exchanges and/or the financial information services. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR COMMUNICATIONS SERVICE AVAILABLE THROUGH OUR SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY COMMUNICATIONS SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH OUR SITES.
Materials Submitted by Other Users. We cannot and do not review every posting made in our chat rooms, message boards, classifieds, jobs and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another Web site does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
No Warranties. THIS SERVICE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." KCMetro.com, NETRACORP LLC, AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE. NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL KCMetro.com, NETRACORP LLC, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF KCMetro.com, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF KCMetro.com, NETRACORP LLC, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IF YOU ARE DISSATISFIED WITH ANY MATERIAL, PRODUCTS, OR SERVICES FOUND ON OUR SITES, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITES AND OUR COMMUNICATIONS SERVICES.
Registration. To obtain access to certain services on our sites, you may be given an opportunity to register with us. If you do register, you agree that you are 18 years or older. You also agree that the information you supply during that registration process will be accurate and complete and that you will not register nor attempt to enter the service under the name, mailing address, email address, telephone number, or other personal information of, another person. We reserve the right to reject or terminate any user that, in our judgment, submits information that we deem offensive or inaccurate. You will be responsible for preserving the confidentiality of your password (if you create one) and will need to notify us of any known or suspected unauthorized use of your account.
Jurisdiction. This visitor agreement has been made in and shall be construed in accordance with the laws of the State of Kansas. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Johnson County, Kansas, in all disputes arising out of or relating to this agreement or this Web site.