The websites (collectively, the "Site”) on which these Terms of Use (“Terms”) appear are owned and operated by BLAQUE KC and its affiliated companies (collectively, “BLAQUE,” “we,” “our,” or “us”). "You" or “your” means the person accessing the Site and any person who allows others to provide information about themselves to us. The Site may provide information, documents, tools, products, services, accounts, offers, and product-related suggestions or purchasing information (collectively, “Services”).
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS, AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE HOMEPAGE, OR BY CLICKING A BOX OR ICON, YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, OR FACSIMILE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE, ANY SERVICES, OR ANY INFORMATION CONTAINED ON THIS SITE.
We may change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of material changes, but are not obliged to do so. You waive any right to receive specific notice of such changes. By using the Site after we update the Terms, you agree to the then-current Terms and are responsible for reviewing them regularly.
In addition to these Terms, your use of certain Services may be governed by additional agreements.
We also publish a Privacy Notice. Although it is not part of these Terms, we encourage you to read it to understand how you can update, manage, access, and delete your information.
We reserve the right to withdraw or amend this Site, and any Services or Materials (defined below), in our sole discretion and without notice. We will not be liable if all or any part of the Site is unavailable at any time or for any period. We may, in our sole discretion and without notice, restrict access to some or all of the Site, including for registered users.
You are responsible for both:
To access the Site or certain resources it offers, you may be asked to provide registration details or other information. All information you provide must be correct, current, and complete, and you must have authority to provide it.
Unless otherwise specified in these Terms, all information and screens on this Site are the property of us, our subsidiaries and affiliates, or other parties. We provide content through the Site that is copyrighted or contains protectable trademarks of us or our third-party licensors and suppliers (collectively, "Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, including the arrangement thereof.
Subject to these Terms, we grant you a revocable, limited, personal, non-exclusive, non-transferable license to use, view, print, display, and download the Materials solely for personal viewing on a personal computer or mobile device. Except for this license and as otherwise required or limited by applicable law, you have no other rights in the Site or Materials, and you may not modify, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or otherwise exploit the Site or Materials in any manner that would infringe our, our licensors’, or other users' intellectual property rights. All rights not expressly granted are reserved.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
By submitting any content or communications to us through the Site or other electronic means, you grant us a perpetual, royalty-free, fully paid-up, worldwide, irrevocable, -nonexclusive, freely transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content in any form for the purposes of providing the Services and any purpose related thereto. You will not be compensated for our or our sublicensees’ use of your communications. By submitting content, you represent and warrant that you own or control all rights necessary to grant the license above.
By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include transactional information and other information concerning the Site, Services, and/or Materials, and are part of your relationship with us. By using the Site, you agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By accessing or using the Site, you agree that:
You further agree to not use the Site in any way that:
We have no obligation, but retain the right, to monitor the Site. The list of prohibited activities above is not exhaustive. We reserve the right to terminate your ability to use this Site (or the Materials) with or without cause and without notice, for any reason or no reason, or for any action we determine is inappropriate or disruptive to this Site or any other user. We may report potentially illegal actions to law enforcement and will cooperate with law enforcement agencies in any investigation of alleged illegal activity, which may include disclosing information we obtain. We may also disclose information as necessary to operate or improve the Site, protect us and our users, or as otherwise permitted by law.
The information on or through this Site is made available for general information purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability and responsibility arising from any such reliance by you, any other visitor, or anyone informed of its contents.
This Site may include content provided by third parties, including other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions in such materials, other than content provided by us, are solely the responsibility of the person or entity providing them and do not necessarily reflect our opinion. We are not responsible or liable for the content or accuracy of any third-party materials.
This Site may link to websites not controlled or operated by us (collectively, “Third-Party Sites”). Third-Party Sites may have different privacy policies, terms, and business practices. Your use of any Third-Party Site is governed by that site's own policies. We provide links as a convenience and do not verify, represent, or take responsibility for Third-Party Sites, including the accuracy, quality, or completeness of their content or activities. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE THROUGH ANY THIRD-PARTY SITES, THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM, DAMAGES, OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY YOUR USE OR RELIANCE ON ANY THIRD PARTY'S CONTENT OR BUSINESS PRACTICES. Any reference to a third-party product, service, or organization does not constitute our endorsement or recommendation.
You may link to our Site homepage provided you do so fairly and legally without damaging or taking advantage of our reputation, but you must not suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
You may use these features only as provided by us and in accordance with any additional terms we specify. You must not:
Any website from which you link to, or on which you make content accessible, must comply with these Terms. You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission and disable any social media features at any time without notice.
The Site is operated from the U.S. and intended for U.S. residents only. Non-U.S. residents should not rely on or act upon information contained within the Site. When using the Site or any content provided by us, you must comply with all applicable U.S. federal, state, and local laws.
The Site is for users eighteen (18) years of age or older. By using the Site, you represent and warrant that you are at least eighteen (18) years old.
Your use of this Site is at your own risk. The Materials may include inaccuracies or typographical or other errors and have not been fully verified or authenticated by us. We do not warrant the accuracy or timeliness of Materials on this Site and have no liability for any errors or omissions, whether provided by us, our licensors, suppliers, or other users.
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SITE, THE MATERIALS, OR ANY OTHER POSTED CONTENT IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
WE DO NOT PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU AND MAY TERMINATE ALL OR PART OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION AND WITHOUT NOTICE.
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS SUCH AS THE INTERNET OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless us and, to the extent applicable, our subsidiaries, affiliates, and each of our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors, and third-party service providers from any losses, claims, demands, actions, liabilities, fines, penalties, and expenses (including reasonable legal fees) arising from your use of the Site. Covered acts include: (i) providing content to or communicating with us or our subsidiaries or affiliates; (ii) unauthorized use of material obtained through the Site; (iii) engaging in a prohibited activity; or (iv) any other breach of these Terms. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, which does not excuse your indemnity obligations.
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following:
Please contact us through the contact information provided in the “QUESTIONS” section of these terms.
You acknowledge that breach of these Terms may cause us irreparable harm for which damages would be an inadequate remedy. In the event of a breach or threatened breach, we shall be entitled to seek injunctive relief without showing actual damage or posting a bond, and/or to specific performance. You agree that any proceeding for such injunctive relief shall be brought in the state or federal courts located in Kansas City, Missouri, and you consent to that jurisdiction and waive any objection to venue. You agree that service of any court paper may be affected by mail or as otherwise provided under applicable laws and rules.
Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Site) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Sites and information, software, products and services associated with it.
Severability. If any provision of these Terms is found void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, that provision shall be deemed modified to the extent necessary to make it enforceable, or if it cannot be modified, it shall be deemed stricken. The remainder of these Terms shall survive.
Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Kansas City, Missouri, except where jurisdiction and venue are mandated by applicable law.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including personal information in our possession that we have collected during your use of the Site as described in our Privacy Notice.
No Waiver. No failure or delay by us in exercising any right under these Terms shall preclude any further exercise of that or any other right.
Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
If you have any questions or comments about these Terms or this Site, please contact us by email at info@blaquekc.com.