Version Date: October 27, 2017
502 makes no representation that the Website is appropriate or available in other locations other than where it is operated by 502. The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to low or regulation or which would subject 502 to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access with the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT 502 MEDIA GROUP, LLC MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT SUE OR ACCESS OR CONTINUE TO USE OR ACCESS COMPANY SERVICES OR THE WEBSITE.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or 502 services (“submissions”) provided by you to 502 are non-confidential and 502 (as well as any designee of 502) shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the website for any other purpose than that which 502 makes it available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by 502. Prohibited activities includes, but is not limited to:
- Attempting to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
- Attempting to impersonate another user or person or using the username of another user
- Criminal or tortious activity
- Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the website.
- Deleting the copyright or other proprietary rights notice from any 502 content
- Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
- Except as may be the result of standard search engine or internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot), cheat utility, scraper or offline reader that accesses the website, or using or launching any unauthorized script or other software
- Harassing, annoying, intimidating or threatening any 502 employees or agents engaged in providing any portion of the 502 services to you.
- Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website.
- Making any unauthorized use of 502 services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, and creating user accounts by automated means or under false pretenses.
- Selling or otherwise transferring your profile
- Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection compilation, database or directory without written permission from 502.
- tricking, defrauding or misleading 502 and other users, especially in any attempt to learn sensitive account information such as passwords.
- Using any information obtained from the website in order to harass, abuse, or harm another person
- Using 502 services as part of any effort to compete with 502 or to provide services as a service bureau
- Using the website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All 502 graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of 502 in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademakrs and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 502 Media Group, LLC.
Company Content on the website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the website, you are granted a limited license to access and use the website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. 502 reserves all rights not expressly granted to you in and to the website and Company Content and Marks.
THIRD PARTY WEBSITE AND CONTENT
The website contains (or you may be sent through the website or the 502 services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the website, including the content, accuracy, offensiveness, options, reliability, privacy practices or other policies of or contained in the Third party Websites or the THird party Content. Inclusion of, linking to or permitting the use of installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third Party Websites or to use the install and Third Party Content, you do so at your own risk and you should be aware that our teams and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and 502 takes no responsibility whatsoever in relation to such purchases which are exclusively between you and applicable third party.
502 reserves that right but does not have the obligation to:
- Monitor the website for violations of this Agreement;
- Take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- In 502’s sole discretion and without limitation, refuse, restrict access to our availability of, or disable (to the extent technologically feasible) any user’s contribution of any portion thereof that may violate this Agreement or any 502 policy;
- In 502’s sole discretion and without limitation, notice or liability to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to 502’s systems;
- Otherwise manage the website in a manner designed to protect the rights and property of 502 and others and to facilitate the proper functioning of the website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use of participation at any time, for any reason.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, 5O2 RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE 502 MEDIA GROUP, LLC SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND 502 MEDIA GROUP, LLC MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES.
In order to protect the integrity of the website and 502 services, 502 reserves the right at any time in its sole discretion to block certain IP addresses from accessing the website and 502 services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survived for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A 502 CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES SUCH LAWS.
If 502 terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, 502 reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
502 Media Group, LLC may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on weare502.com and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use 502 services after any such modification becomes effective. 502 may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this agreement to ensure you are informed of changes. You agree that you will periodically check the website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
502 reserves the right at any time to modify or discontinue, temporarily or permanently, the services (or any parte thereof) with or without notice. You agree that 502 shall not be liable to you or to any third party for any modifications, suspension or discontinuance of 502 services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that 502 is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release 502, its officers, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the 502 services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this website or 502 services shall be governed and construed by the laws of the State/Commonwealth of Kansas, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against 502 arising out of or related in any respect to this website and the 502 services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over United States of America, State of Kansas; subject, however, to the right of 502, at 502’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer INformation Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the website and/or 502 services (including your visit to or use the website and/or the 502 services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. 502 reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
502 cannot control the nature of all of the content available on the Website. By operating the Website, 502 does not represent or imply that it endorses any blogs, contributions or other content available on or linked to by the website outside of any content created or produced by 502 Media Group, LLC, including without limitation content hosted on third party website or provided by third party applications, or that 502 believes contributions, blogs, or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the website or in connection with any contributions. 502 is not responsible for the conduct, whether online or offline, of any use of the website or 502 services.
You agree that your use of the website and 502 services will be at your sole risk. to the fullest extent permitted by law, company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and the 502 services and your use thereof including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 502 makes no warranties or representations about the accurace or completeness of the website’s content or the content of any websites linked to the website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the website or 502 services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website. 502 does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL 502 OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR AN DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF 502 MEDIA GROUP, LLC HAS BEEN ADVISED FOR THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 502 MEDIA GROUP FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold 502, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of 502 services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, 502 reserves the right, at your expense, to assume the exclusive defence and control of any matter for which, you are required to indemnify 502, and you agree to cooperate, at your expense, with 502’s defense of such claims. 502 will use reasonable efforts to notify you of any such claim, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to 502 shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the mail is sent, unless the sending party is notified that the email address is valid. We may also choose to send notices by regular mail.
Our website will maintain certain data that you transfer to the website for the purpose of the performance of 502 services, as well as data relating to your use of 502 services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using 502 services. You agree that 502 shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against 502 arising from any such loss or corruption of such data.
Your use of 502 services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and 502 regarding the use of 502 services. The failure of 502 to exercise or enforce any right or provision of this Agreement shall not operate as the waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. 502 may assign any or all of its rights and obligations to others at any time. 502 shall not be responsible or liable for any loss, damage, delay or failure to act cause by any cause beyond 502’s reasonable control. If any provision or right of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and 502 as a result of this Agreement or use of the website or 502 services. Upon 502’s request, you will furnish 502 any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against 502 by virtue of having drafted them. YOu hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding 502 services or to receive further information regarding use of 502 services, please contact 502 as set forth below or, if any complaint with use is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services or the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 by telephone at 1-916-445-1254
502 Media Group, LLC
121 S. 4th Street, Suite 209
Manhattan, KS 66502