Welcome to THE REAL KC. We are so excited to have you here! To help keep our community running well, the following terms and conditions ('Terms') govern TR LIFE, LLC (the 'Site'), including but not limited to your contribution to content, participation, and sale and purchase of products on the Site (collectively, 'Use'). Your Use of our Site constitutes your agreement to follow and be bound by the Terms.
Accepting the Terms
The Terms constitute a legally binding contract between you and TR LIFE, LLC. This contract sets out your rights and responsibilities when you use the Site and all Services (mobile apps, purchases, social media, events and other services as our “Services”) provided by TR LIFE, LLC. Use of the Site or any of our Services constitutes agreement to the Terms set forth below.
Unless otherwise noted, the Services as a whole and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled and/or licensed by TR LIFE, LLC or its subsidiaries and affiliates. Any use of the Contents without TR LIFE, LLC’s express written consent is strictly prohibited.
Your Use of Our Site and Services
You agree not to disrupt, overwhelm, attack, modify or interfere with the Site, Services or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site or Services. You further agree not to alter or tamper with any information or materials on or associated with the Site or Services. Other than connecting to TR LIFE, LLC's servers by http requests using a Web browser, you may not attempt to gain access to TR LIFE, LLC's servers by any means.
Users may post reviews, comments, photos, videos and other content; and submit suggestions, ideas, comments, questions, or other information, as appropriate for the intended purposes of the various aspects of the Site or Services. TR LIFE, LLC reserves the right, but not the obligation, to remove or edit such content without prior notice
By posting or submitting content, you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the content. To the extent that the content submitted contains images, photographs, or pictures ("Images"), you warrant and represent that (a) you are the copyright owner of such images, or the copyright owner of such Images has granted you permission to use the Images; (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions; (c) that each person depicted in such Images, if any, has provided consent to the use of the Images.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between TR LIFE, LLC and you or any other person or entity.
Without limiting the description above, by using this Site or Services you agree not to:
- Abuse, harass, defame, threaten, impersonate or intimidate other users;
- Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- Use the Site for any illegal or unauthorized purpose, including violating any local, state, national or international laws (including but not limited to infringing any trademark, trade secret, copyright, patent or other proprietary rights of any party);
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
- Create, submit, upload, post or otherwise make available any unwanted or unsolicited e-mail ("Spam") to any users including advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TR LIFE, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing TR LIFE, LLC's name, THE REAL KC's name, or trademarks;
- Submit stories or comments linking to multi-level marketing schemes, pyramid schemes or off-topic content;
- Use any robots, spiders, scrapers or any other automated means to access the Site for any purpose. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) upload viruses or other malicious code; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- Advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
Your use of the Site and Services is at your sole risk. The Site and Services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, and TR LIFE, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. TR LIFE, LLC makes no warranty that (a) any user access will be uninterrupted, timely, secure or error-free; (b) the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations; (c) any errors in the software will be corrected; and (d) that any content upload to the site is protected or secure.
If you believe that someone is violating these community standards, contact firstname.lastname@example.org. We will review your report and take action if appropriate. Not all reports result in removal. All reports will be kept confidential.
TR LIFE, LLC will never knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. If we become aware that an individual is under the age of 13 and has submitted any information to TR LIFE, LLC for any purpose without prior verifiable parental consent, we will delete his or her information from our files.
By using the Site or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site or Services does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
You are responsible for safeguarding the password that you use to access the Site and Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. TR LIFE, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you believe your password has been compromised or someone has improperly accessed your account, please contact us at email@example.com.
Written Content, including blog posts, articles, or other written material submitted to TR LIFE, LLC by a third party ('Contributor') with the intent of publication that uses our Site or Services remains the Contributor's property, subject to the provisions below. Other written material, such as usernames, profile information, photos, descriptions, reviews, comments, videos, etc., also remain the property of the submitting party.
A. Responsibility for Your Content.
By submitting content for publication on the Site, you represent that all Written Content, including but not limited to blog posts, articles, and/or other written material, submitted is your own and has not been taken in whole or in part from any other source unless expressly reflected in the content. Contributing Writers hold TR LIFE, LLC harmless from liability for any and all violations of this provision and/or misrepresentations made regarding Written Content submitted for publication. You also understand that you will not be compensated for my Written Work that is published by TR LIFE, LLC and publication does not amount to any type of employment relationship or expectation of and/or reliance on TR LIFE, LLC to promote or market your business in any way.
B. Permission to Use Your Content.
By posting Written Content through our Site or Services, you grant TR LIFE, LLC a license to use it. Any and all Written Content submitted to TR LIFE, LLC for publication and/or distribution is not to be re-published or re-distributed by the Contributor unless attribution to TR LIFE, LLC or THE REAL KC is provided by reference to and direct link to TheRealKC.com unless the material originated on a website, blog, or other source owned by the Contributor and an agreement has been entered into to share such content with TR LIFE, LLC for secondary publication.
C. Rights You Grant TR LIFE, LLC.
By posting Your Content, you grant THE REAL KC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote THE REAL KC, your business, or the Site and Services in general, in any formats and through any channels, including across any THE REAL KC Sites, Services or third-party website or advertising medium.
D. Reporting Unauthorized Content.
TR LIFE, LLC has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Site and Services. If content that you own or have rights to has been posted to the Site or Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it in a timely manner after we receive proper notice.
E. Inappropriate, False or Misleading Content.
You agree that you will not post any content on TR LIFE, LLC’s Site or Services that is abusive, threatening, defamatory, obscene, vulgar, sexual or otherwise offensive or in violation of our any of our policies or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Site or Services in a manner that is fraudulent or deceptive.
Sole Discretion to Edit or Screen Content
TR LIFE, LLC does not and cannot review and/or screen all communications or materials posted to or created by users accessing the Site and Services and is not in any manner responsible for the content of these communications or materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site and Services, TR LIFE, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site and Services. However, TR LIFE, LLC reserves the right to block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) violates any law, regulation or Terms of this Site, or (e) offensive or otherwise unacceptable to TR LIFE, LLC in its sole discretion. TR LIFE, LLC reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Site or Services, in its sole discretion, without notice. If at any time TR LIFE, LLC chooses, in its sole discretion, to monitor the Site or Services, TR LIFE, LLC nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
Content Posted by Users
The Site and Services contains content of users. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site or Services.
TR LIFE, LLC does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Site or Services and expressly disclaims any and all liability in connection with user content submissions.
You agree that TR LIFE, LLC and its third party service providers are not responsible, and shall have no liability to you, with respect to any information, communication or materials posted by others, including defamatory, offensive or illicit material, including material that violates these Terms. Any material downloaded or otherwise obtained through the use of the Site or Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Content Posted to TR LIFE, LLC's Social Media Assets
TR LIFE, LLC uses a variety of third-party social media websites, communication services and media channels such as Facebook, Pinterest, Twitter and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. By posting or submitting content to these Social Media Assets, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content. To the extent submitted content contains images, you represent and warrant that: (a) you are the copyright owner or have obtained the copyright owner's permission to use such images; (b) you hold the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions; (c) you have obtained the consent of each person, if any, depicted in such images.
By posting, displaying, uploading, inputting, providing or submitting content to the Site, Services or Social Media Assets, you grant TR LIFE, LLC a perpetual, irrevocable, sub-licensable license to use worldwide, royalty-free, to copy, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the user content (in whole or in part) and to incorporate such user content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
You agree to indemnify, defend, and hold harmless TR LIFE, LLC, its parent, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers (collectively the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Site or Services by using your account, and from any other legal claim relating to your products, including but not limited to trademark and/or copyright violations in the design and manufacture of your products, representations regarding quality, and other legal claims relating to the design, manufacture and/or distribution of your products.
Communicating with Other Members
You may be able to use TR LIFE, LLC Site or Services to communicate directly with other members. Conversations may not be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations, or spam;
- Harassing or abusing another member;
- Contacting someone after they have explicitly asked you not to; or
- Interfering with a transaction or the business of another member.
- Supporting or glorifying hatred toward, or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation.
If you witness any of these situations, immediately contact firstname.lastname@example.org.
Content You Access
You may come across materials that you find offensive or inappropriate while using our Site or Services. We make no representations concerning any content posted by users through the Site or Services. TR LIFE, LLC is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Site or Services. You release us from all liability relating to that content.
People You Interact With
You can use the Site and our Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Site or Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Links to Other Websites and Services
This Site and its Services may include links to other Internet sites maintained by third parties ('Linked Sites'). TR LIFE, LLC provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by TR LIFE, LLC of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the TR LIFE, LLC Site. Linked Sites are not under the control of TR LIFE, LLC and TR LIFE, LLC is not responsible for the contents of any Linked Site.
Links to Other Third-Party Sites or Services
Our Site or Services may contain links to third-party websites or services (“Linked Sites”) that we don’t own or control. TR LIFE, LLC provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by TR LIFE, LLC of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the TR LIFE, LLC Site. Linked Sites are not under the control of TR LIFE, LLC and TR LIFE, LLC is not responsible for the contents of any Linked Site.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of TR LIFE, LLC’s Site, Services, Linked Sites or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. TR LIFE, LLC has no obligation to resolve any disputes between you and another user of the Site, Services, Linked Sites or third-party
Release of TR LIFE, LLC.
You release TR LIFE, LLC from any claims, demands and damages arising out of disputes with other users or parties.
Disputes with TR LIFE, LLC
The following rules will govern any legal dispute involving our Site or Services:
A. Governing Law
The Terms are governed by the laws of the State of Missouri, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where you reside.
You and TR LIFE, LLC agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and TR LIFE, LLC are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
We’re based in Kansas City, Missouri so any legal action against TR LIFE, LLC related to our Site or Services shall be filed and take place in Kansas City. That means the seat of any arbitration shall be Kansas City. For any actions not subject to arbitration, you and TR LIFE, LLC agree to submit to the personal jurisdiction of a state court located in Jackson County, Missouri.
If you are a government agent or entity in the United States using the Site or Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Missouri.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes through the Site or Services or (2) sending you an email or message about the changes. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Site or Services following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and TR LIFE, LLC regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Termination By You
We hate to see you go, but you may terminate your seller's account with TR LIFE, LLC at any time by contacting us at email@example.com. Terminating your account will not affect the availability of any merchandise that you posted through the Site or Services prior to termination and you will still be responsible for any outstanding charges and seller obligations.
Termination By TR LIFE, LLC
We may terminate or suspend your seller's account (and any related accounts) and your access to the Site or Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Site or Services, for example, to sell or buy on our website or mobile apps. TR LIFE, LLC may refuse service to anyone, at any time, for any reason. If you or TR LIFE, LLC terminate your account, you may lose any information associated with your account, including Your Content.
Discontinuation of the Site or Services
TR LIFE, LLC reserves the right to change, suspend or discontinue any of the Site or Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Site or Services may have on you, including your income or your ability to generate revenue through the Site or Services.
The Terms will remain in effect even after your access to the Site or Service is terminated, or your use of the Site or Service ends.
Merchandise availability on our Site or through our Services is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. If you have questions about the status of your order you may email us at firstname.lastname@example.org. You will receive a shipping confirmation email once your items have shipped.
TR LIFE, LLC tries to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Products displayed on the Site or through our Services are quoted in U.S. dollars.
Warranties and Limitation of Liability
TR LIFE, LLC is dedicated to making our Site and Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Site and our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Site or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Site or Services will be free of viruses or other harmful materials; or (iv) the results of using the Site or Services will meet your expectations. You use the Site and Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
To the fullest extent permitted by law, neither TR LIFE, LLC, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Site, Services or these Terms. In no event shall TR LIFE, LLC’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid TR LIFE, LLC in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
Products and Services
TR LIFE, LLC does not manufacture or inspect the items sold on the Site or through our Services. Items sold may be produced and/or sold directly by independent sellers, so TR LIFE, LLC cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item or service you purchase must be brought directly against the seller of the item. You release TR LIFE, LLC from any claims related to items sold through our Site and Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
If you have any questions about the Terms, please email us at the email@example.com.
Last updated on June 29, 2016