This is a binding legal contract. Please read it in full. Welcome to www.momentum-kc.com.
This website is operated by Racket Merchandise Company (hereinafter “RMC”). This website, and any other website or online product or service operated by RMC (collectively, the “Sites”), is made available to you on the following terms and conditions (hereinafter “Terms”), and you consent to these Terms by continuing to use the Sites. Please read them carefully, and if you disagree with any, navigate away from the Sites. Sometimes, you will be subject to additional terms and conditions, such as when you purchase something, or disclaimers, which may appear on the Sites.
You consent to receive communications from us electronically and agree that any notices or disclosures we are required to provide to you now or in the future may be provided to you in electronic form. We will communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The content available on the Sites (or made available by the Sites elsewhere), including without limitation text, images, custom software, compilations of resources, products offered for purchase, and audio and video content, , is the sole and exclusive property of RMC, its owners, and/or affiliates. It is protected by United States and international copyright laws. Except as expressly authorized by RMC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of said content. We take our intellectual property rights seriously and search for infringing uses of our copyrighted material, such as copying, passing off as your own, or other infringing uses, whether personal or commercial. If you desire to use the information on the Sites other than by viewing it for your personal use, we offer licenses, starting at $5,000 each, to do so. If you are found using the information other than as explicitly allowed by this agreement, we will notify you and bill you accordingly.
LIMITED LICENSE AND ACCESS RESTRICTIONS
Subject to the terms and conditions stated in these Terms, you are hereby granted a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use the Sites solely for private, non-commercial purposes in accordance with these Terms. This means you cannot resell or make other commercial use of any of the content on the Sites, such as by downloading, copying, duplicating, reproducing, or otherwise removing information from the Sites for your (or a third party’s) commercial benefit, whether manually or by electronic means. We reserve all rights, including those not expressly granted in these Terms or elsewhere on the Sites. You may not engage in tactics to gain an unpermitted benefit from the Sites, such as hiding logos or content to improve search rankings. You are responsible for understanding the laws of your jurisdiction as they pertain to using a website like this one, and agree to be bound by the requirements of those laws. As a condition of your use of the Sites, you will not use the Sites for any purpose that is unlawful or prohibited by these Terms.
You agree that RMC, in its sole discretion and for any or no reason, may terminate any access to the Sites and any account (or any part thereof) you may have with RMC. In addition, RMC reserves the right to discontinue any aspect of the Sites and services thereon at any time, including the right to discontinue the display of any licensed content, linked or embedded content, your content or third party content, either generally or in specific cases. For the avoidance of doubt, RMC shall in no event be responsible for the deletion, losing of, or failure to store your content. You agree that any termination of your access to the Sites or any account you may have or portion thereof may be affected without prior notice, and you agree that RMC will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Sites may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RMC may have at law or in equity. The limited license you are granted to use the Sites is terminated if you violate any of these Terms.
You agree to indemnify and hold RMC, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Sites, violation of these Terms, violation of the rights of any other person or entity, or any breach of representations, warranties, and covenants. RMC reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
OTHER PARTIES’ INFORMATION
DISCLAIMER OF WARRANTIES; USE AT YOUR OWN RISK
THE INFORMATION AND CONTENT MADE AVAILABLE TO YOU ON THE SITES IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE HERE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES OR ANY PART OF THEM IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES PROVIDED BY THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES INCLUDED OR AVAILABLE ON THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, TO THE EXTENT APPLICABLE LAW ALLOWS FOR SUCH DISCLAIMERS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RMC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITES OR OTHER RMC PRODUCTS AND SERVICES, OR FROM ANY OTHER INTERACTIONS WITH RMC, EVEN IF RMC OR A RMC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RMC’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL RMC’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITES OR OTHER RMC PRODUCTS AND SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN RMC AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR OTHER RMC PRODUCTS AND SERVICES OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITES OR OTHER RMC PRODUCTS AND SERVICES. GOVERNING LAW By using the Sites, you agree that any dispute related to these Terms or with RMC will be governed by the laws of the state of Missouri, without regard to principles of conflict of laws, and you agree to submit to personal jurisdiction of Missouri.
AMENDMENTS AND OTHER MATTERS
We may make changes to the Sites, our offerings or information, and these Terms at any time and without prior notice. If any of these Terms is deemed invalid for any reason, that Term shall be severable and the remaining Terms shall be given their maximum effect. By using the Sites, you certify that you are over the age of eighteen. If you make a purchase on this website, or any of the Sites, you are subject to this agreement and others, including our no refunds policies, if any. Updated March, 2021.