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Terms of Use

TERMS OF USE

Effective/Updated as of March 20, 2024

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ELITE STAFFING SOLUTIONS DBA WICHITA STAFFING

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER IN PARAGRAPHS 18 AND 19 THAT AFFECT YOUR RIGHTS TO SUE UNDER THESE TERMS. PLEASE CONTINUING READING FOR ADDITIONAL INFORMATION.

  1. Introduction. Headhunters Direct Hire and Staffing Specialists LLC d/b/a Elite Staffing Solutions” and its affiliates and related entities (collectively, “Company,” “us,” or “we”), a U.S. company headquartered in Wichita, Kansas offers this website or any other websites, including any sub-domains, or other online media under our operation and control (collectively, the “Site”) to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. By using the Website, you represent and warrant that you are 18 years of age or older and can form a legally binding contract. If you do not qualify, stop using the Site immediately.

BY ACCESSING, USING, VISITING, OR OTHERWISE UTILIZING THE SITE INCLUDING ANY CONTENT, FUNCTIONALITY OR SERVICES OFFERED ON OR THROUGH THE SITE, AS A GUEST OR REGISTERED USER, YOU HAVE AGREED TO AND ARE LEGALLY BOUND BY THE TERMS AND OUR PRIVACY POLICY [HERE] WHICH IS INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THE TERMS, CEASE USING THE SITE IMMEDIATELY.

  1. Changes to these Terms. We reserve the right in our sole discretion to change, modify, add, or remove the terms, conditions, and notices under which the Site is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Site following the effective date of changes to these Terms means you accept and consent to the changes.
  2. Access and Use. The Company grants you a limited, non-exclusive, revocable license solely to access and use the Site and web-based services available through the Site in the manner provided in the Terms. This license is solely for your individual use and you cannot transfer it to anyone else. This license does not include any resale or commercial use of the Site or its contents, any collection and use of any listings or descriptions, or any derivative use of the Site or its contents. You are prohibited from reproducing, duplicating, copying, selling, reselling, or otherwise exploiting the Site or any portion of it for any commercial purpose without our express prior written consent.
  3. In connection with your access to or use of the Site, you may be asked to provide certain personal information (e.g., creating a user account or using an interactive feature). Any information you submit or we collect on or through the Site is subject to and governed by our Privacy Policy which is incorporated herein.
  4. No Unlawful or Prohibited Use. As a condition of your use of the Site, you warrant to us that you will not
    • use the Site for any purpose that is unlawful or prohibited by these Terms
    • use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site
    • obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
    • use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein without our prior express written consent
    • mirror, copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party
    • frame, scrape, data-mine, extract, or collect the content of the Site in any form or manner
    • use any device, software or routine to interfere or attempt to interfere with the proper working or security of the Site or any transaction being conducted through the Site
    • provide us with information that (i) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or (ii) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

You further warrant that you will

  • comply with all applicable laws, including but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.
  • use the Site in a professional manner
  • immediately notify us in the event you gain access to information or material not intended to be accessed by you, destroy all copies of such information in your possession, and not forward such information to any third parties.

You can notify us at [email protected].

  1. Your Account. In order to access or submit information or to use certain Site features, the Site may require that you create an account or register. When you create an account or register, you must
    • use accurate information,
    • take steps to ensure the information remains up-to-date, and
    • maintain the confidentiality of your log-in credentials.

You acknowledge and agree that you are fully responsible and liable for all use and activity that occur under your account, regardless of whether it is authorized by you. If you know of or suspect any unauthorized use of your account or password or any breach of security related to your account, you must notify us immediately. You can notify us at [email protected].

Notwithstanding anything to the contrary in these Terms, we reserve the right in our sole discretion to deny the creation of, suspend access to, disable or terminate any account(s), or to remove or modify content, features, functionalities and/or services available to account holders at any time and without prior notice or liability to you.

  1. Termination/Access Restriction. We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you. This includes but is not limited to instances where you may show disregard for the Terms or act in an unacceptable manner, with intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner.
  2. Right to Cancel or Suspend Use of Site. If for any reason any portion of the Site is not capable of running as planned due to an infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Site and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
  3. Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use these Communication Services only to post, send, receive or otherwise make available on the Site messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Publish, post, upload, distribute or disseminate any falsehoods or misrepresentations that could damage us or any third party, or any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, materials or information.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
    • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.
    • Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
    • Conduct or forward surveys, contests, pyramid schemes or chain letters.
    • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Restrict or inhibit any other user from using and enjoying the Communication Services.
    • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
    • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
    • Violate any applicable laws, regulations, or these Terms.
    • Materials that have been uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations if you download the materials.
    • You may find another user’s information to be offensive, harmful, inaccurate, or deceptive. We have no obligation to pre-screen or monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Please use caution and common sense when using the Site.
    • Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
    • The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
  4. Information Provided to the Company or Posted at any Company Web Site. We do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of the Site and its businesses including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Site will be handled in accordance with the Site’s online Privacy Policy, the terms of which are incorporated into the Terms. The Privacy Policy can be accessed [here].

We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

  1. Disclaimers and Limitation of Liability. The Site, information, materials and features located on or through the Site are provided by us for informational purposes only. By providing this information and materials, we are not engaged in rendering legal, financial, or other professional advice or service. Any reliance on the information or material on this Site is at your own risk.

We make no representation or warranty that the Site and or its use will meet your requirements or achieve any intended results.

We make no representation or warranty that the Site or its use will be uninterrupted, secure or error-free; compatible with or work with other software, applications, systems or services; or that defects can or will be corrected. You agree that we are not responsible or liable in any way for injury, loss or damage to your computer or interception or sensitive information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and we are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, FEATURES AND RELATED GRAPHICS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, FEATURES AND RELATED GRAPHICS INCLUDED IN OR AVAILABLE THROUGH THE SITE FOR ANY PURPOSE. THE INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS ON OUR SITE. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, LOSS OF DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES OR OTHER COMMUNICATIONS YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

  1. Third party links or integrations. To the extent that you access external websites or third party integrations through our Site, you acknowledge and agree we are not responsible for the availability of third party sites, resources, or integrations and do not endorse and are not responsible or liable for any functionality, content, advertising, goods, services or other materials on, available through, or provided by such sites, resources, or integrations. We are not responsible for the privacy or other practices of such sites or integrations and cannot guarantee the security of personal information that you provide, or is collected by, such sites or integrations. Those or integrations may have their own terms, conditions, privacy policies, data collection, and use and disclosure practices and we encourage you to review the privacy policies and terms and conditions on those linked sites or integrations.
  2. SMS Communications Terms and Conditions.

By signing up for our text messaging program, you are providing your express written consent to receive non-marketing/transactional and marketing text messages from us and others texting on our behalf including text messages made with an automatic telephone dialing system at the mobile telephone number(s) you provide. By opting in, you consent to our collection and use of an electronic record to document that you have opted-in (“Opt-In”).

You may opt-out of these communications at any time. Your consent to receive marketing text messages is not required to purchase any goods or services.

Cost. Message and data rates may apply to each text message sent or received in connection with our text communications, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans. We do not impose a separate fee for sending our text messages.

How to Opt-Out. To stop receiving text messages, simply text STOP. You will receive one additional text confirming your opt-out was processed. Please note that if you Opt-Out of receiving text messages, we will no longer send you marketing or transactional messages.

Your Mobile Telephone Number. You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change your mobile telephone number, you are responsible for notifying us immediately. If you fail to notify us of a change, you agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by such failure, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

By signing up for our text messaging program and providing your mobile telephone number, you accept and agree to be bound by these SMS Terms and Conditions and the Site Terms of Use and any other applicable terms and agreements.

We reserve the right to terminate the text message program, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive.

  1. Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711). We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the site. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
  2. Availability of Products and Services. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”) may rely upon such representation.

The Site is operated from the United States and it is possible that some software from the Site or the products and services offered on the Site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or reexported from the Site are not intended for sale, download or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department’s Table of Deny Orders. By downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

  1. Copyright and Trademark Notices. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Company, administrator(s) of the Site and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the permission of such third party that may own the Trademarks displayed on the Sites. Any rights not expressly granted herein are reserved.
  2. You agree to indemnify, defend and hold harmless the Company and its affiliates, and their owners, partners, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors, service providers and suppliers (collectively, the “Indemnified Parties”), from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”), arising or resulting in any way from any violation of these Terms; your use or activity on the Site, the services, features or products provided by the Company in or through the Site; or any related act or failure to act by you, and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law); or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.

Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you at your expense to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  1. ARBITRATION. Arbitration is a process that uses a neutral arbitrator to resolve a dispute instead of a judge or jury. It results in a final and binding decision that is subject to limited appellate review. By agreeing to arbitration, you waive the right to resolve your dispute through other available processes such as court or an administrative proceeding. An arbitrator must honor the terms in this Terms of Use and can generally award the same damages and relief a court can award under the law, including declaratory or injunctive relief. Certain rights that you might have in court such as access to discovery, may be unavailable or limited in arbitration.

YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN YOU AND THE COMPANY, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, SUCCESSORS, ASSIGNS, SUBSIDIARIES, OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS SECTION, “COMPANY”) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL (NOT CLASS WIDE OR COLLECTIVE) FINAL AND BINDING ARBITRATION.

The arbitrator shall have sole authority to, and shall, address all claims or arguments by both parties, concerning the scope, formation, legality, and enforceability of this arbitration clause and the arbitrability of any claim or issue arising between you and the Company regardless of the date of accrual of such dispute or claim.

ARBITRATION PROCESS. Any arbitration shall be held before a single neutral arbitrator and governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by these Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879 or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). All disputes shall be governed by the laws of the State of Kansas without regard to principles of conflict of laws. If there is a conflict between the AAA Rules and this arbitration clause and, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.

You agree to first try to resolve the dispute or claim informally by contacting us in writing at [email protected]. If the dispute or claim is not resolve within 60 days of submission, you agree that you or the Company may initiate arbitration. To initiate the arbitration process, you must send a letter with a request for arbitration and a description of your claim to the AAA and to the Company at [email protected]. You may also send a copy to the AAA online at https://www.adr.org. The AAA’s rules govern payment of all filing, administration, and arbitrator fees. You will be responsible for paying only your portion, if any, of the arbitration fees required under applicable AAA Rules regardless of which party prevails in the arbitration.

Arbitration shall be conducted in Wichita, Kansas at or upon request of either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitrator will follow these Terms of Use and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and the Terms of Use. The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for an error of law or legal reasoning. The parties shall bear their own costs and fees for any appeal. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.

YOU AGREE THAT THIS ARBITRATION SECTION SHALL APPLY TO ANY DISPUTE OR CLAIM WITH OTHER PARTIES ARISING OUT OF OR RELATING TO THE TERMS OF USE AND SITE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS SECTION, REGARDLESS OF THE DATE OF ACCRUAL, EXCEPT THAT YOU OR ANY SUCH THIRD PARTIES MAY TAKE CLAIMS TO SMALL COURT IF THEY QUALIFY FOR HEARING BY SUCH A COURT. IF ANY PORTION OF THIS LEGAL DISPUTES AND MANDATORY ARIBITRATION CLAUSE IS DETERMIEND BY A COURT TO BE INAPPLICABLE OR INVALID, THE REMAINDER OF THE CLAUSE SHALL STILL BE GIVEN FULL FORCE AND EFFECT

  1. WAIVER OF JURY TRIAL AND CLASS ACTION. IF FOR ANY REASON A DISPUTE OR CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY), UNLESS SUCH WAIVERS ARE UNENFORCEABLE.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED.

EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVERS AND (B) ACKNOWLEDGES THAT THE PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS IN THIS SECTION 18.

Notwithstanding the foregoing, you or the Company may assert a claim in small claims court in the United States if the claim qualifies, provided the claim is brought and maintained solely as an individual claim.

  1. Governing Law. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Kansas and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or relating to the use of the Site. You also agree that any action at law or in equity arising out of or relating to the Terms shall be filed only in the United States District Court for the District of Kansas and if there is no federal jurisdiction over the action, in the courts of the State of Kansas located in Sedgwick County, Kansas. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

  1. General Terms. The following general terms apply to you and your use of the Site:
    • You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site.
    • Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
    • If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
    • Unless otherwise specified herein or agreed to by the user, these Terms, including the Privacy Policy, constitute the entire agreement between the user and the Company with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. Notwithstanding, certain Site features or services may have additional or different terms of use that apply to your use of those features in addition to these Terms.
    • A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us. If you have any questions regarding the Site, these Terms or our Privacy Policy, you may contact us at [email protected].

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