Terms and conditions

Terms and Conditions

1. Certain sections of, or pages on, this Site may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern for your use of those sections or pages. Similarly, the use of the Company’s password-protected service products, client applications and other products and services may also be governed by separate terms and conditions. In the event of a conflict, those additional terms and conditions shall govern your use of those password-protected service products, client applications and other products and services.

Unauthorized use of the Site and any other Company’s systems, including, but not limited to, unauthorized entry into the Company’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or service or interfere with any other party’s use and enjoyment of the Site or service. You may not attempt to gain unauthorized access to the Site, any sub-page, or service, computer systems or networks connected to any the Site or service, through hacking, password mining or any other means. You may not use any system or software to extract data from the Site.

The Company reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and

materials on this Site and to suspend and/or deny access to this Site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Any dated information is published as of its date only. The Company does not undertake any obligation or responsibility to update or amend any such information and does not warrant the accuracy or completeness of any such information, and the Company assumes no liability or responsibility for any errors or omissions in the content on the Site. The Company may discontinue or change any product, service, information or material described in or offered on this Site at any time.

These Terms and Conditions are not intended to, and will not, transfer or grant any rights in or to the information or material available on the Site other than those which are specifically described herein, and all rights not expressly granted herein are reserved by the Company or the third-party providers from whom the Company has obtained the information or materials.

You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.

2. You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (i) to post or transmit any unlawful, threatening, libelous, defamatory, obscene, harassing, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, otherwise violate any law, or damage the reputation of the Company; (ii) in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; (iii) in any manner that violates applicable law; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or other similar materials; (v) to impersonate the Company, a Company employee, or any other person or entity; or (vi) by means of any robot (or “bot”), spider or other automatic device or process for any purpose (including monitoring or copying the content on the Site). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or to defeat, avoid, interfere with, bypass, remove, deactivate, disable, or otherwise circumvent any software protection mechanism or other security restrictions embedded in the Site (or any part of the Site) or otherwise attempt to gain unauthorized access to any part of the Site (or software, applications, networks, or databases

3. supporting it). You agree not to remove, alter, cover, obfuscate, or hide any copyright, trademark or other proprietary legend or marking contained on the Site or any of its user interfaces. You agree not to introduce to the Site, or use the Site to transmit or use, any date or software that contain any virus, time bomb, logic bomb, Trojan horse, worm, spyware, disabling code, or other malicious code. The Company may fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
4. Your use and browsing of the Site is at your risk. You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Site 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. To the fullest extent provided by law, the Company 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 Site or any services or items obtained through the Site or to your downloading of any material posted on the Site, or on any site linked to the Site or any other of the Company’s systems.

Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site, its content, and any services or items obtained through the Site 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 Site. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components, or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations.

To the fullest extent provided by law, 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, availability, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

5. To the fullest extent provided by law, in no event will the Company, its Affiliates, or their licensors, service providers, employees, agents, officers, directors, or managers be liable or have any responsibility of any kind for any loss or damage that you incur, arising from any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein or the products or services offered on this Site, or from any other cause relating to your access to, inability to access, or use of the Site or the data contained herein, whether or not the circumstances giving rise to such cause may have been within the control of the Company or of any vendor providing software or services. In no event will the Company or any such parties be liable to you for any direct, special, indirect, consequential, punitive, exemplary or incidental damages or any other damages of any kind even if the Company or any other such party has been advised of the possibility thereof.

Where any applicable law does not allow the limitation of liability in the manner described above, the Company’s total liability to you for all damages, loss and causes of action (whether in contract or in tort, including gross negligence) shall not exceed the amount paid by you, if any, for accessing the Site.

6. You agree to indemnify, defend, and hold harmless the Company and its affiliates, licensors, and its and their respective employees, officers, directors, agents, licensors, successors and assigns from and against any and all claims, liabilities, damages, losses, judgments, awards, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with your violation of these Terms or your use of the Site other than as expressly authorized in these Terms.
7. All right, title and interest in this Site and all data, content, and other intellectual property contained herein is the exclusive property of the Company or those third parties that created or provided that content (third-party owners or licensors). Everything on the Site is subject to copyright unless otherwise noted. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, decompile, recompile, reverse engineer, upload to, create derivative works from, transfer, or otherwise use or exploit in whole or in part any information, software, products or services obtained from this Site, except for the purposes expressly provided herein or other terms and conditions between you and the Company, without the Company’s or applicable third-party owners’ prior written approval. If you download any information, content, or software from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein.

All marks and logos used on the Site (including the names of all Company business lines, affiliates, products and services) are trademarks and service marks of the Company or its affiliates or, as the context may require in relation to content or products of third parties’ partners of the Company. You are prohibited from using any such marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of the Company or such third party which may own the marks. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to

use any marks displayed on the Site without the permission of the Company or such third party that may own such marks. The content of the Site is protected by United States Copyright Law. The misuse of the trademarks, and/or other content on the Site, is strictly prohibited.

8. Images of people or places displayed on the Site are either the property of, or used with permission by, the Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms, under express permission provided elsewhere on the Site, or by written permission from the Company. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

9. Except for personal information, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. We will only use your personal information in accordance with our Privacy Policy. You agree that the Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to, or materials, content or data you post to, the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.
10. This Site may contain links to and may be linked from third-party websites (the “third-party sites”). These links are provided only as a convenience. The Company may not have reviewed all of the sites linked to from the Site and is not responsible for the contents of any off-site pages or any other sites linked to from the Site, or any other sites that link to this Site. Further, the Company has not tested any information, software or product found on any of the third-party sites and therefore makes no representations concerning the data or contents of such sites.  The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by the Company of any data or content contained in any third-party site or third party associated with any such site. In no event shall the Company be responsible for the data or content contained on any other site or for your use of or inability to use the same. You should also be aware that the terms and conditions of such sites and the sites’ privacy policies may be different from those applicable to your use of this Site. If you link to any off-site pages or other sites from the Site, you do so at your own risk. 
11. The Company may use data and content compiled and/or created by third parties in the delivery of its own content. Third-party data and content are not owned by the Company, and you may be required to obtain permission directly from the applicable third parties for use, copying or republication of any such third-party data or content outside of the Site, and you may be required to pay a fee.

12. Although the Company may from time to time monitor or review any discussions, chats, postings, transmissions, bulletins boards, and the like from you or any other third party that may occur on the Site, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site.
13. You agree that, without notice, the Company may restrict or suspend your access to the Site with or without cause at any time and effective immediately. Upon such termination, you must discontinue your use of the Site and promptly destroy all materials obtained via the Site and any copies thereof.
14. The Company has the right to:

• Remove or refuse to post any user contributions for any or no reason in the Company’s sole discretion.
• Take any action with respect to any user contribution that the Company deems necessary or appropriate in its sole discretion, including without limitation if the Company believes that such user contribution violates the Terms, including the Privacy Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site, users of any of the Company’s other systems, or the public, is harmful to the reputation of the Company, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Without limiting the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless the Company and its Affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

15. 15.These Terms, and any dispute or claim arising in relation to these Terms or your use of the Site, shall be governed by and construed in accordance with the laws of the State of Kansas without giving effect to any choice of law or conflict of law principles that would result in the application of another jurisdiction’s laws. Any lawsuit, action or proceeding arising out of or in relation to these Terms or your use of the Site shall be brought exclusively in the federal or State courts located in Johnson County, Kansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. No waiver with respect to these Terms will be enforceable against the Company unless agreed to in writing by the Company, and the failure of the Company to enforce any provision of these Terms will not be deemed a waiver of such provision. No waiver by the Company of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
17. If any provision of these Terms is found to be unenforceable or invalid, that provision will be deemed amended to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.