AcruxKC

Terms of Use

These Terms of Use are between You and AcruxKC (“AcruxKC,” "we," or "us") and govern your access to and use of https://AcruxKC.org/, https://AccessKC.org/, and/or https://OrearInsitute.org/ and its content (the "Website"). Please read them carefully.  By using the Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, do not use the Website.

Donations

We collect donations on the Website and otherwise to support our mission. This includes donations made to AccessKC.  We appreciate your support of our services, which include the provision of health care services, emergency medical assistance, and health education to the Kansas City community and its neighborhood schools.

If you believe that an error has been made in connection with your online donation, please contact Administration@AcruxKC.org.  We will work with you to correct any such error, and if necessary, make any refund or correction that is appropriate.

If you change your mind about donating online to AcruxKC or AccessKC, please request your return of donation within 5 business days of the date on which you made the donation by emailing us at  Administration@AcruxKC.org  We will attempt to return any refunded donations to the account from the donation originated.

We collect event registration on the Website. This includes participation in the Orear Institute and events for AccessKC. If you believe that an error has been made in connection with your online registration, please contact Administration@AcruxKC.org. We will work with you to correct any such error, and if necessary, make any refund or correction that is appropriate.

Account Security

You are responsible for any arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use.

To access the Website or our resources, you may be asked to provide certain registration details or other information.  The information you provide must be correct, current and complete. All information you provide to us or that we collect from you on the Website is governed by our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Changes to the Website

AcruxKC may change the format and content of this Website at any time, suspend service or the Website or its features, materials or Content.  We may make improvements, changes, or amendments to the Content, information, services, products, and other materials on the Site, or terminate offerings on the Site at any time, in our sole discretion, subject to applicable laws.  We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Intellectual Property Rights

The entire content of the Website, including but not limited to text, graphics, data, user interfaces, visual interfaces, photographs, images, artwork, trademarks, logo designs, sounds, videos, music, artwork, and computer code, and the design, structure, selection, arrangement, coordination, expression, and “look and feel” of such content (collectively, “Content”) is owned, controlled or licensed by or to AcruxKC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

AcruxKC grants you a nonexclusive, nontransferable, limited right and license to access and make use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of AcruxKC.

This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings or descriptions; any derivative use of the Website or its contents. No portion of the Website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express, written consent of AcruxKC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of AcruxKC or its affiliates without their express written consent. You may not “mirror” the Website or use any metatags or any other "hidden text" utilizing AcruxKC’s or its affiliates’ name or trade names, trademarks, or service marks without AcruxKC’s express, written consent. Any unauthorized use terminates the permission or license granted by AcruxKC for your use of the Website, without limiting any other remedies that we may have.

Digital Millennium Copyright Act (DMCA) Notice

AcruxKC respects the intellectual property rights of others and users of the Website are expected to do the same.  We will investigate reports of alleged infringement and will take appropriate action, in our sole discretion, to remove or disable access to material found likely to be infringing.  If you believe any Content infringes your copyright, please provide the following information:  (a) physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; (b) description of the copyrighted work that you believe has been infringed; (c) location on the Site(s) of the allegedly infringing material; (d) your address, telephone number and email address and any other pertinent information sufficient to allow us to contact you; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Notices of claimed copyright infringement should include “Notice of Infringement” in the subject line and be sent by email to Administration@AcruxKC.org or directed by mail or courier to:

AcruxKC

Attn: Copyright Notice

6675 Holmes Road, Suite 470

Kansas City, MO 64131

Third Party Links and Content

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

We do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AcruxKC NOR ANYONE ASSOCIATED WITH AcruxKC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.  NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

YOU WILL INDEMNIFY, DEFEND AND HOLD COMPANY AND ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS AND SUBSIDIARIES, HARMLESS FROM ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, PROSECUTIONS, PROCEEDINGS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAW, AND ANY CLAIM INVOLVING ALLEGED INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THIRD-PARTY RIGHTS BY YOU. IF WE ARE OBLIGATED TO RESPOND TO A THIRDPARTY SUBPOENA OR OTHER COMPULSORY LEGAL ORDER OR PROCESS, YOU WILL ALSO REIMBURSE US FOR REASONABLE ATTORNEYS’ FEES AND FOR COSTS AND EXPENSES INCURRED IN CONNECTION WITH IT.

Governing Law and Arbitration

The laws of the State of Missouri (excluding any principles of conflicts of laws) govern your use of the Website, the services and these Terms of Use. You agree that the parties shall settle any claim or dispute relating to these Terms of Use by binding arbitration in Missouri under the Commercial Arbitration Rules of the American Arbitration Association, and waive your right to a jury trial. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN MISSOURI.

This Section, “Governing Law and Arbitration” applies to any dispute arising out of or relating to the Company’s Terms of Use, Privacy Policy, Donation policies, and/or your use of the Website.

Waiver and Severability

No waiver by AcruxKC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AcruxKC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and our Refund Policy constitute the sole and entire agreement between you and AcruxKC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by AcruxKC, 6675 Holmes, Suite 470, Kansas City, Missouri 64131.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Administration@AcruxKC.org.

Last Modified: June 1, 2022