Terms of Service
Welcome to kcmetroins.com. These Terms of Service (the “Terms”) cover your usage of this website (the “Website”). By using the Website, you are agreeing to the Terms, including our Privacy Policy.
References to “us” (and “we” and “our” and similar) mean KC Metro Insurance, LLC, and references to “you” mean the individual using the Website. If you are using the Website on behalf of a business or organization, then “you” means both you and your business or organization. If you do not agree to the Terms, then do not use the Website.
We reserve the right, at our sole discretion, to add to, modify, or remove, portions of the Website at any time for any reason.
Your Use of the Website
You may not do anything on the Website directly or indirectly that: (a) is illegal or violates another contract; (b) will harm the Website, including without limitation using bots, scrapers, harvesters, or other automated systems; (c) constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Website; or (d) which may be deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of these Terms, any laws or regulations, or any other party’s rights.
If you click on any links that take you away from the Website, then you use those other sites and services at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without our express written permission.
Disclaimers
Except as expressly provided in these Terms, the Website is offered on an “as is” and “as available” basis without any warranties of any kind; and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement.
We do not make any guarantees regarding the operation of the Website, portions or all of which may be unavailable at times or terminated permanently.
Limitation of liability
“Released Parties” means us and our parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them.
The Released Parties shall not be liable to you or any other third party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages, however caused, whether in contract, tort, or under any other theory of liability.
Any cause of action or claim which you may have which arises out of or relates to these Terms must be brought (if at all) within one year after the cause of action or claim accrued, otherwise, such cause of action or claim shall be permanently barred.
The limitations of liability in these Terms shall apply regardless of whether you or the other party bases your/its claim on contract, tort, statute or any other legal theory and whether we knew or should have known about the possibility of such damages.
Except as expressly provided in another contract between you and us, your sole remedy for dissatisfaction with the Website is to terminate your user account and/or your use of the Website.
Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations, may not apply to you and you may have additional rights.
Indemnification
With respect to any suit, claim, investigation, or proceeding, arising out of your use of the Website, you shall indemnify the Released Parties (defined above) against all reasonable expenses including attorneys’ fees and costs, plus all damages of every kind, arising out of your negligent or intentional acts or omissions, your breach of or misrepresentation in these Terms, your submission of Your Content, or your other use of the Website.
Arbitration
If a dispute arises between you and us related to your use of the Website, these Terms, or our Privacy Policy, then the dispute shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to us. The arbitration proceedings shall be held in our county’s jurisdiction. If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the governing law and jurisdiction/venue provisions below.
Notwithstanding the agreement to arbitrate above, either you or we may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Website or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
Class Actions Are Prohibited: All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Miscellaneous
You may terminate your use of the Website and/or your account at any time, for any reason. However, you will remain liable for any damage you caused or may later cause to us or any part of the Website.
In our sole discretion, at any time, and with or without notice, we may: (a) suspend your access to or terminate your right to use of all, or parts of, the Website; (b) suspend your access to or terminate your user account, if applicable; and (c) suspend or terminate all, or parts of, the Website.
All provisions in these Terms which by their nature should survive termination of these Terms shall survive the termination.
These Terms shall be governed by and construed in accordance with the laws of Kansas, excluding its conflict of law principles. For any dispute arising out of or related to these Terms or your use of the Website, you and we consent to jurisdiction in, and the exclusive venue of, the state courts in our county or in the U.S. District Court having jurisdiction over that county.
Each party waives all rights it may have to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms or our Privacy Policy.
Except for agreements signed by you and us that contemplate additional services, these Terms contain the complete and entire agreement between you and us relating to the subject matter in these Terms and supersede all prior discussions and agreements (whether oral or written) by you and us relating to the subject matter in these Terms.
The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision in these Terms unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
These Terms and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
Changes to the Terms
We may amend these Terms at any time by providing advance notice to you through the Website. Your continued use of the Website after we change the Terms constitutes your consent to the amendment.
Contact
Except as otherwise required, all notices and communications that you may send to us shall be sent to info [at] sample [dot] com.