TERMS & CONDITIONS

KANSASEXP Terms of Service

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that governs the relationship between KansasExp, LLC (“KE” or “we”), located at 1441 Broadway, Suite 2301, New York, NY 10018 (as well as our subsidiaries and affiliates) and our users in connection with the use of the website located at www.alitaexperience.com (the “Site”), or the other current and future online and mobile websites, platforms, services, applications, and networks owned or operated by KansasExp and its affiliates (the Site and these other websites, platforms, services, applications and networks constituting the “Service”).

  1.     ACCEPTANCE OF TERMS

PLEASE READ THIS TOS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS IN THIS TOS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICE.

  1. USE OF THE SERVICE
  2.    User Accounts; Registration. Any and all users of the Service, whether they are registered account holders or not, are considered “users” of the Service for purposes of this TOS. Once an individual registers for the Service and creates an account through the Service (“Account”), the user is then be considered a “member.” Please see the discussion below as to restrictions on who may create an Account and otherwise access our Services. To register and become a member of the Service, you must be at least 13 years of age. No one under the age of 13 may create an account or otherwise become a member of the Service. In addition, you must be in good standing and not an individual that has been previously barred from receiving KansasExp’s services under the laws and statutes of the United States or other applicable jurisdiction. Individuals under the age of majority may become “users” of the Services but only under the circumstances described in these Terms of Service and the incorporated Privacy Policy.
  3.    Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that (i) you will furnish factual, correct, current and complete information with regard to yourself as may be requested by any potential data registration process on the Site, (ii) you will maintain and promptly update your registration and profile information in an effort to maintain its accuracy and completeness at all times if your profile exists on the Site, (iii) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation, and (iv) you are 13 years of age or older. If you knowingly provide any a false, untrue, inaccurate or incomplete information, KANSASEXP will have the right to suspend or terminate your Account (and your right to use the Service), and to prohibit your further use of (or refuse to accept any attempt to use) the Service, or any portion thereof.
  4.    Use of the Service by Minors. It is KANSASEXP’s priority to ensure the safety and privacy of all its visitors, users and members of the Service, especially that of children. Accordingly, children under the age of 13 are prohibited from creating Accounts and otherwise using the online Service. The online Service and our offerings are not targeted towards children under the age of 13. All individuals who wish to participate in the walk-around immersive experiences that we offer at Immersive Locations and other venues (“ILs”) are required to establish an Account. Since children under the age of 13 are not allowed to create their own Account, a parent or legal guardian may create an Account for himself/herself that additionally identifies the name of one or more minor(s) under their legal control. While the inclusion of the name of a minor(s) on the Account of a parent or legal guardian will be sufficient to enable the applicable minor(s) to access immersive experiences at an IL (subject to any other conditions of admittance, including the provision of a Release of Liability (“Acknowledgement and Express Assumption of Risk and Release of Liability”) signed by a parent or legal guardian), the parent or legal guardian expressly agrees that the applicable minor(s) will not otherwise be allowed to access the Account of the parent or legal guardian or access any of the Services offered to members.
  5.     PRIVACY POLICY

In connection with your use of the Service, please review our Privacy Policy, located at https://www.kansasexp.com/about/privacy-policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by this TOS and by agreeing to this TOS, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

  1.     CONDUCT

You agree not to make use of the Service for the purpose of:

  1. a) uploading, posting, emailing, transmitting, or otherwise making available any content that may be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. b) causing harm to minors in any manner whatsoever;
  3. c) impersonating any individual or entity, including, but not limited to, any KANSASEXP officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. d) uploading, posting, emailing, transmitting or otherwise offering any content that you personally do not have the right to offer pursuant to any applicable law, or by reason of any contractual or fiduciary relationship with one or more third parties;
  5. e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  6. f) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for this purpose;
  7. g) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  8. h) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  9. i) interfering with or disrupting any of our Services, servers and/or networks that may be connected or related to the Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  10. j) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  11. k) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
  12. l) “stalking” or with the intent to otherwise harass another individual; and/or
  13. m) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
  14.     OUR RIGHT TO MANAGE THE SERVICE; USER MISCONDUCT
  15. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of this TOS and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates this TOS; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any content or functionality on the Service or any portion of the content or functionality on the Service; (iv) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (v) screen our users or members, or attempt to verify the statements of our users or members, and/or (vi) monitor disputes between you and other users or to terminate or block you and other users for violating this TOS.
  16.    Interactions with other Users. You are solely responsible for your interactions with other users of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number or street address on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in User Content (as defined in Section 7 below) do not represent the opinions or statements of KANSASEXP and the posting of User Content on the Service does not constitute KANSASEXP’s support or endorsement of any opinions or statements expressed in the applicable Contribution.
  17. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS TOS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, IN WHOLE OR IN PART, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.
  18. Cooperation for Violation of Policy.  KANSASEXP intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this TOS or any applicable laws.
  19.     EXPORT CONTROLS

You are responsible for complying with United States export controls in connection with your use of the Service and for any violation of these controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

  1.     CONTENT YOU PROVIDE THROUGH THE SERVICE

As a member of the Service, you may be able to upload, submit, store, send or receive content (“User Content”). You are entirely responsible for the content of, and any harm resulting from, any User Content that you post on or through the Service. You retain ownership of any intellectual property rights that you hold in the User Content. In short, what belongs to you remains yours. However, when you upload, submit, store, send or receive content to or through the Service you hereby grant KANSASEXP the following non-exclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable licenses:

  1. a) With respect to any User Content submitted or made available for inclusion on areas of the Service that are not publicly accessible, a continuous, binding license to permit us to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display the applicable Content on the Service, for the purpose of providing and promoting the specific feature of the Service where you posted the applicable User Content and/or made it available for viewing.
  2. b) With respect to any User Content submitted or made available for inclusion on the publicly accessible areas of the Service, a continuous, binding and completely sub-licensable license to permit us (and our sublicensees) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display the applicable User Content, whether in whole or in part, and to incorporate the applicable User Content into other works in any arrangement or medium currently used or later developed.

Those areas which may be deemed “publicly accessible” areas of the Service are those areas which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members. Areas on the Service which are not open to the public, would include our mail system and instant messaging within the Service.

Notwithstanding the foregoing, any content that we provide to you through the Service (whether in the form of text, photos, videos or otherwise) or any content that we permit you to create using the interactive software tools available as part of the Service (e.g., the creation of an avatar or other digital personality), whether or not you submit or make the content you creates available for inclusion on the Service, in whole or in part, shall, as between you and us, be and at all times remain solely owned by and be the property of KANSASEXP.

  1. INDEMNITY

You hereby agree, at your expense, to indemnify, defend and hold harmless, KANSASEXP, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, Service Providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against KANSASEXP based on any User Content you submit, post, modify, transmit or otherwise make available through the Service, your use of the Service or your connection with Service, your violations of the Terms of Service and/or your violation of any rights of another person. You will not be required to indemnify and hold KANSASEXP harmless from and against any claims, liabilities, damages, losses, or expenses resulting from KANSASEXP’s own negligent conduct.

  1.     LINKS TO THIRD PARTY SITES

The Service may contain links to websites operated by third parties (“Third Party Sites”). You may be able to share User Content or other information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS TOS DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

  1.   KANSASEXP’S PROPRIETARY RIGHTS

The Service contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except as expressly permitted by applicable law or as authorized by KANSASEXP or an applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on the Service, in whole or part.  KANSASEXP grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code for the Service on a single computer, smart phone, tablet or similar mobile device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any rights in the Service. Furthermore, you agree not to alter or change the Service in any manner, nature or form, and not to use any modified versions of the Service. You also agree not to access or attempt to access the Service through any means other than through the interface which is provided by KANSASEXP for use in accessing the Service. You acknowledge, understand and agree that all of KANSASEXP’s trademarks, copyright, trade name, service marks, and other KANSASEXP logos and any brand features, and/or product and service names are trademarks that are owned by KANSASEXP and shall remain the property of KANSASEXP. Nothing in this TOS should be understood as granting you any license to use any of the trademarks, service marks or logos owned by KANSASEXP or any third party. You agree not to display and/or use KANSASEXP trademark, service mark, or unless expressly agreed in writing by KANSASEXP.

  1.   WARRANTY DISCLAIMERS

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. a) THE USE OF KANSASEXP’S SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. KANSASEXP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. b) KANSASEXP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTIES THAT (I) KANSASEXP’S SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) KANSASEXP’S SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) RESULTS WHICH MAY BE OBTAINED FROM THE USE OF KANSASEXP’S SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH KANSASEXP’S SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY SUCH ERRORS CONTAINED IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.
  3. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF KANSASEXP’S SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOU AT YOUR SOLE DISCRETION AND SOLE RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS RESULTING FROM SUCH DOWNLOADING AND/OR DELIVERY, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOADING OR DELIVERY OF ANY SUCH INFORMATION OR MATERIAL.
  4. D) NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM KANSASEXP OR BY WAY OF OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
  5.   HEALTH RISKS

A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

  1.   LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KANSASEXP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:  A) THE USE OR INABILITY TO USE THE SERVICE; B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; C) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; D) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; E) AND ANY OTHER MATTER WHICH MAY BE RELATED TO THE SERVICE.

  1.   EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

  1.   NOTICES

KANSASEXP may furnish you with notices, including notices relating to any changes to the TOS, through email, regular mail, MMS or SMS, text messaging, postings on the Service, or other reasonable means currently known or any which may be herein after developed.

  1.   COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

KANSASEXP, LLC respects the intellectual property rights of others, and we ask that all of our users and members do the same. When appropriate, as determined in our sole discretion, KANSASEXP may disable and/or terminate the Accounts of any member who violates the TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. Your physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6.   And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

For this notification to be effective, you must notify KANSASEXP at the address set forth in Section 24

  1.   CHANGES TO THIS TOS

KANSASEXP reserves the right to update and/or change the terms of this TOS. We will notify you of material changes to this TOS by providing display notice on the Site. Accordingly, you are responsible for periodically reviewing this TOS so that you are informed about the specific terms and conditions in this TOS as then in effect. If you do not agree to the changes, you should discontinue your use of the Service prior to the time the modified TOS takes effect. If you continue using the Service after the modified TOS takes effect, you will be bound by the modified TOS. Where practical, we will try and provide advance notice of changes to this TOS, but if the TOS is reviewed only at the check in at the IL, or is not reviewed online or elsewhere regularly, you may not receive actual advance notice of changes.

  1.   ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and KANSASEXP and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to KANSASEXP’s Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other of our Services, affiliate Services, third-party content or third-party software.

  1.   LEGAL DISPUTES AND ARBITRATION AGREEMENT

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

  1.    Initial Dispute Resolution. We are available by email at info@kansasexp.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and KANSASEXP agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
  2.    Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 19(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to this TOS (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service, including claims involving KANSASEXP partners and/or licensors, shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this TOS, including, but not limited to, any claim that all or any part of this TOS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this TOS shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by KANSASEXP if you do not prevail in arbitration.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

  1.    Class Action and Class Arbitration Waiver. You and KANSASEXP each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and KANSASEXP each expressly waive your respective right to file a class action or seek relief on a class basis. You also expressly waive your right to file a class action or seek relief on a class basis for any claims related to partners or licensors of KANSASEXP. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 23(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  2.    Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  3.    30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 23(B), 23C), and 23(D) by sending written notice of your decision to opt-out to the following email: info@kansasexp.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
  4.     Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 19(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the County of New York, New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the County of New York, New York for any litigation other than small claims court actions.
  5.    Applicable Law. You agree that federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and KANSASEXP.
  6.   NOTICE TO NEW JERSEY USERS

Notwithstanding any terms set forth in this TOS, if any of the provisions set forth in Sections 14 or 21 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of this TOS shall remain binding on you and KANSASEXP. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in this TOS, nothing in this TOS is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

  1.   NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 1441 Broadway, Suite 2301, New York, NY 10018. If a user has a question or complaint regarding the Service, or you desire to receive further information regarding the use of the Service, please send an email to info@kansasexp.com. Users may also contact us by calling us at our office number 646-405-7940. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. WAIVER AND SEVERABILITY OF TERMS

If KANSASEXP fails to exercise or enforce any right or provision of this TOS, the applicable failure shall not constitute a waiver of the applicable right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

  1. ASSIGNMENT

KANSASEXP may assign or license this TOS or any part thereof, and may delegate any of its obligations hereunder. You may not assign this TOS or any part thereof, nor transfer or sublicense your rights hereunder.

  1.   QUESTIONS ABOUT THE SERVICE OR THIS TOS

If you have any questions or concerns about the Service or this TOS, you may contact us at:

Mailing Address:

KANSASEXP, LLC

Attn: Legal Department
1441 Broadway, Suite 2301
New York, NY 10018, USA

Email: info@kansasexp.com