Terms of Use

LAST UPDATED OCTOBER 17, 2012

The following terms (“Terms of Use”) apply to your access to and use of this website (the “Website”), which is provided by Koch, Inc., Inc. or any of its affiliates (collectively referred to herein as the “Koch Companies” and each a “Koch Company”). By using this Website you confirm that you have read, understand and agree to both the terms and conditions of the Privacy Policy and these Terms of Use.

WARRANTIES AND LIABILITY

You have chosen to access the information on this Website. The information provided is believed to be correct and is offered in good faith by the Koch Companies. Because of the nature of the information and the transmission technology used, the Koch Companies cannot and do not warrant or make any representation that the information on this Website is accurate, complete or up-to-date, that the Website does not infringe on the rights of any third party or that the operation of this Website will be uninterrupted, continually available or error free, and the Koch Companies disclaim all liability in respect thereof. Any reliance on the information available on this Website is at the sole risk of the user. The Koch Companies reserve the right to make changes and corrections to this Website at any time and without further notice.

This Website is provided for informational purposes only. The information on this Website is not a guarantee of results to be achieved by any user of, and is not a statement of warranty (either express or implied), regarding any Koch Company product or service. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE CONTENT OF THIS WEBSITE, AND REGARDING ANY PRODUCTS OR SERVICES DESCRIBED HEREIN, ARE EXPRESSLY DISCLAIMED, INCLUDING THOSE FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. To the extent permitted by applicable law, neither the Koch Companies nor any party involved in creating, producing or delivering this Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this Website or any errors or omissions in the content thereof. While the Koch Companies take reasonable precautions to protect against the existence of computer viruses and/or other malicious programs on the Website, they accept no liability for them. If you are dissatisfied with any portion of this Website or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Website.

THIRD PARTY WEBSITES

This Website may contain links to websites operated by third parties. The linked sites are not under the control of Koch Companies, and no Koch Company is responsible for the content available on any other Internet sites linked to this Website. Such links do not imply Koch Companies’ endorsement of material on any other website and Koch Companies disclaims all liability with regard to your access to such linked websites. Koch Companies provides links to other websites as a convenience to users, and access to any third party websites linked to this Website is at your own risk.

PRODUCTS AND SERVICES

All sales of products and/or services described on this Website are subject to the applicable terms and conditions of the Koch Company offering such products and services, without deviation unless agreed to in writing and signed by both parties. A copy of such terms and conditions may be requested from the applicable Koch Company.

USER SUBMISSIONS AND UNSOLICITED IDEAS

Certain areas of the Website enable users to submit e-mails, career information, personal information, or other information to the Koch Companies. Such information and feedback will be used in accordance with the Website’s Privacy Policy . You agree that by submitting content: you are solely responsible for any information you post, provide or submit; you will only submit content that complies with applicable law, you will not submit content that attempts to impersonate another individual, and you will not submit content that is illegal, abusive, defamatory, obscene, infringing, threatening, repetitive, false, misleading or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer; and you agree to these Terms of Use and the terms of the Website’s Privacy Policy. By transmitting any non-career related communications or information to a Koch Company, you automatically grant to the Koch Companies a perpetual, royalty-free, irrevocable license to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting for their own benefit without compensation or acknowledgment of its source.

Except as provided and subject to the terms and conditions contained on a particular Koch company site, the Koch companies do not currently accept any user submissions, including any product submissions through any of the Koch company sites or any form of electronic or other communication. Any communication or material you transmit to any of the Koch companies via electronic mail or otherwise is unsolicited by the Koch companies and is deemed non-confidential. DO NOT SUBMIT ANY UNSOLICITED SUBMISSIONS; THERE IS NO IMPLIED CONTRACT.

If you do submit a communication or material, you grant the Koch companies a worldwide, unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, broadcast, post, modify, adapt, publish, translate, create derivative works from, distribute and display such communication or material throughout the world in any media and for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that the Koch companies are free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to any of the Koch companies without any monetary or other obligation to you.

You acknowledge that you are responsible for any information, content or material you may submit via electronic mail or any of the Koch company sites including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content or material that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto any of the Koch company sites.

All personal information provided via any of the Koch company sites will be handled in accordance with the site’s online Privacy Policy. Please note that any of the Koch companies may monitor your use of any of the Koch company sites. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless the Koch companies and any of their officers, directors, employees or agents from and against all claims, losses, liabilities, costs and expenses (including reasonable attorney’s fees) resulting from any content, material or information you post, transmit, communication or supply to the Koch company sites or any of the Koch companies.

USE OF THIS WEBSITE

As a condition of your use of this Website, you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use or in any way which infringes the rights of anyone else or restricts or inhibits anyone else’s use or enjoyment of this Website. You may not use this Website in any manner that could damage, disable, overburden, interfere or impair this Website, the networks connected to this Website or any other party’s use and enjoyment of this Website. You may not attempt to gain unauthorized access to any Koch Company account, computer system or network through hacking, password mining or any other means not intentionally made available through this Website. The Koch Companies reserve the right to grant or deny access to its Websites as they deem appropriate.

The information on this Website is not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. Accordingly, if it is prohibited to make such information available in your jurisdiction or to you (by reason of your nationality, residence or otherwise), it is not directed at you. Before reviewing the pages of this Website, you must be satisfied that doing so will not result in such a contravention and is not so prohibited, and by proceeding to review them you will be confirming that this is not the case.

INDEMNIFICATION

If you violate any of these Terms of Use or if you misuse this Website, you agree to defend, indemnify and hold harmless Koch Companies, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.

INTELLECTUAL PROPERTY

The information and materials on this Website and all intellectual property rights in or relating to them are the property of the Koch Companies, and any reproduction, publication, broadcast or posting by you for your own benefit is prohibited, unless you obtain prior written approval from the Koch Companies. Some articles contained herein have been reprinted by the Koch Companies with permission from the original source. No Koch Company has authority to extend its reprint permission to you, and your reproduction, without previously obtaining the original source’s approval is prohibited.

Market Based Management®, MBM®, Principled EntrepreneurshipTM, KOCH®, Transforming Daily LifeTM, the stylized “K” ®, and other trademarks and service marks contained in this Website are trademarks and service marks of the applicable Koch Company and may not be used or reproduced without the prior written consent of the Koch Company. In the event that a Koch Company grants permission to you to reproduce any logos, photographs, videotapes or articles owned by a Koch Company, you agree that such reproduction shall be done solely for the purpose of news reporting, and only in conjunction therewith; shall be done in accordance with the Graphic Standards of the Koch Companies (as provided by the Koch Companies in writing from time to time), where applicable; and shall be reprinted in their entirety, including current size and format. Any other use, without the prior written approval, is prohibited.

The Koch Companies reserve the right to revoke, by written notice (electronic or surface mail), at any time and for any reason or no reason, any such permission or license granted to you for the usage of any articles, logos, photographs or videotapes, and you agree to return or destroy the relevant material, within ten (10) days of written notice of revocation from a Koch Company. You are not entitled to modify, print, publish, broadcast or redistribute the content of this Website or reproduce, link, frame or deep-link this Website on any other website without the express written permission of a Koch Company.

SECURITY

The Website may require you to register or obtain a password prior to permitting access to the Website or certain services available on the Website. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.

CHANGES TO TERMS OF USE AND PRIVACY POLICY AND AGREEMENT

Koch Companies reserves the right to make changes to these Terms of Use and the Privacy Policy at any time by posting our new policies on this Website. Modifications to any of the foregoing shall be effective when they are posted on this Website, which posting shall constitute notice to you. Your continued use of the Website following the posting of any such modifications to the Website will mean that you accept and agree to be bound by such modifications. Koch Companies encourages you to check the Website regularly to see if there have been any modifications to these Terms of Use, the Privacy Policy, or any other applicable terms.

QUESTIONS

If you have a specific question on which you require assistance, please contact us using the details provided under the “Contact Us” link, which appears on every page of this Website.

GENERAL

Nothing in these Terms of Use shall confer any right or benefit on any third party. If any of the terms or conditions contained herein are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms shall continue in full force and effect.

You have chosen to access the information on this Website, which is located on a server in the state of Kansas, U.S.A. Thus, all information is deemed to have been provided to you in Kansas and Kansas law shall govern the provision of this information and your use of this Website. You agree to submit to the exclusive jurisdiction of the courts of Kansas in respect of any issue in any way arising out of or in connection with your use of this Website or these Terms of Use.

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