Elevated Connections KC Terms of Use

Effective on January 31, 2024

We have included Titles at the beginning of each section to make it easier for you to read and understand this agreement. The Titles do not replace the text of each section, and you should still read each section in its entirety.

1. INTRODUCTION

By accessing or using Elevated Connections KC’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), so it is important that you read this Agreement and these policies and procedures carefully before you create an account. 

We may update these Terms from time to time, so check this page regularly for updates.

Welcome to Elevated Connections KC.

2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before you create an account on Elevated Connections KC (ECKC), make sure you are eligible to use our Services. This Section also details what you can and can't do when using the Services, as well as the rights you grant Elevated Connections KC.

You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

1. You are a human being.
2. You are legally qualified to enter a binding contract with ECKC;
3. You are not prohibited by law from using our Services;
4. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime, and we have determined that you are not likely to pose a threat to other users of our Services;
5. You are not required to register as a sex offender with any state, federal or local sex offender registry;
6. You have not previously been removed from our Services.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without notice.

You agree to:

1. Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
2. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
3. Use the latest version of the Website;
4. Take reasonable measures to protect the security of your login information.

You agree that you will not:

1. Misrepresent your identity, age, or affiliations with a person or entity;
2. Use the Services in a way that damages the Services or prevents their use by other users;
3. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks;
4. Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;
5. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause psychological harm;
6. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;
7. Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
8. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without ECKC’s prior written consent;
9. Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
10. Upload viruses or other malicious code or otherwise compromise the security of our Services;
11. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
12. "Frame" or "mirror" any part of our Services without ECKC prior written authorization;
13. Use meta tags or code or other devices containing any reference to ECKC or the platform (or any trademark, trade name, service mark, logo or slogan of ECKC) to direct any person to any other website for any purpose;
14. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
15. Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
16. Create a new account after we suspend or terminate your account, unless you receive our express permission; or
17. Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any ECKC reporting or appeals request system made available.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

3. CONTENT

ECKC owns or licenses all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned or controlled by us and protected by intellectual property law rights.

All rights, title, and interest in and to Our Content remains with us at all times.

4. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

You will have the opportunity to purchase products and services from ECKC. If you purchase a subscription, it will automatically renew - and you will be charged - until you cancel.

If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below.

 If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

If you do not timely cancel your subscription, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorize us to charge your payment method for these amounts.

5. REFUNDS

Generally, all purchases are nonrefundable.

Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods.

6. ACCOUNT TERMINATION

If you no longer wish to use our Services, or if we terminate your account for any reason, here's what you need to know.

Thirty day notice required for monthly membership termination. To delete your monthly subscription, please email Info@elevatedconnectionskc.com 30 days in advance of desired termination date.

7. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

YOU UNDERSTAND THAT ECKC DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. ECKC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING HUMAN BEINGS YOU HAVE NEVER MET.

8. DISCLAIMER

ECKC's Services are provided "as is" and we do not make, and cannot make, any representations about the content or features of our Services.

ECKC PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ECKC DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, ECKC MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

10. LIMITATION OF LIABILITY

ECKC's liability is limited to the maximum extent allowed by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ECKC, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ECKC AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER THAN THE AMOUNT PAID, IF ANY, BY YOU TO ECKC FOR THE SERVICES DURING A ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST ECKC, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

11. DISPUTE RESOLUTION SECTION

DISPUTE RESOLUTIONS

Terms of use state that users waive their right to pursue class action lawsuits and, instead, agree to resolve any disputes through arbitration. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration.

12. EVENTS

1. At any of the ECKC events, You are asked to behave in a manner accordingly,

1. You acknowledge that any tickets purchased for events are non-transferrable and non-refundable,
2. You assume all risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that attendee may experience or incur in connection with attending the event,
3. You hereby releases, covenants not to sue, discharges, indemnifies and holds harmless ECKC, its agents, and representatives, of and from any such claims, including all liabilities, claims, actions, damages, costs, attorney fees, or expenses of any kind arising out of or relating thereto by attendees or their guests. The maximum amount of any liability of LMA for any such claims shall be limited to the purchase price of your ticket to the event,
4. You agree to be solely responsible for your safety, as well as the safety of any guests you may have brought. You agree to conduct yourself in a reasonable and controlled manner at all times while at Event, and refrain from partaking in any activities that may cause yourself or other attendees damage, injury or illness, including but not limited to over consumption of alcohol. ECKC maintains the right to exclude anyone from the event for inappropriate or offensive behavior or if your participation would risk damage, injury, or illness.
5. You understand and agree that Event may be filmed, recorded, and/or documented by photographers, media, or other members of the press,
6. You understand you will likely be videotaped, photographed, or otherwise captured at Event, and consents to same. Participant hereby grants ECKC a royalty-free, irrevocable license to use Participant's name, likeness, and image in using such video and photography from Event for commercial use, as it sees fit. This may include but is not limited to posting photos and video on ECKC’s website, and social media channels (Facebook, Instagram, Tik Tok, etc.) future sales pages and advertisements for future Events, and to promote and publicize the Event in general,
7. You acknowledge you must be present to be awarded any prizes given at events.
8. You acknowledge that ECKC events are intended for the purpose of networking and meeting/establishing new and existing friendships.

13. GOVERNING LAW

Kansas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).

The laws of The State of Kansas, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth shall be governed by the Federal Arbitration Act. 

14. ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

By using our Services you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. 

15. ENTIRE AGREEMENT

This Agreement supersedes any previous agreements or representations.

These Terms, and any Additional Terms Upon Purchase, contain the entire agreement between you and ECKC regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your ECKC account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned to new operator if business is sold. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind ECKC in any manner.