BY ACCESSING, SUBSCRIBING, DOWNLOADING AND/OR OTHERWISE USING THE KC SCOUT TECHNOLOGY, YOU
Trademark and Copyright Information
This Web Site is owned by KC Scout. All rights reserved. KC Scout, and all logos, artwork, stories, information, names and other elements associated thereto are the sole and exclusive property of KC Scout. The sale, auction, loan, lease, gift, trade, barter or use of any of the text, graphics, photographs, audio and/or video materials or stills from any materials contained on this Web Site for any purpose other than for private, non-commercial viewing purposes without the prior written consent of KC Scout is strictly prohibited. The creation of derivative works based on the materials contained on this Web Site including, but not limited to, products, services, icons, logos, link buttons, wallpaper, desktop themes, and unlicensed merchandise is expressly prohibited. All other names are trademarks and/or registered trademarks of their respective owners.
KC Scout’s Proprietary and Confidential Rights
You acknowledge and agree the KC Scout Technology contains KC Scout’s proprietary and confidential information that is protected by applicable intellectual property rights and laws, including, but not limited to, copyright, trademark, trade secret and patent laws. The compilation and arrangement of all content, data and other information found within the KC Scout Technology is also the sole and exclusive property of KC Scout and is protected by U.S. and international intellectual property laws. The “look and feel” of the KC Scout Technology, meaning the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to KC Scout and fully protected under U.S. and international intellectual property laws.
Use of the KC Scout Technology
All rights not expressly stated herein are reserved by KC Scout and KC Scout disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:
The posting of information or other materials on the KC Scout Site or within the KC Scout Technology by KC Scout does not constitute a waiver of any proprietary right in and to the KC Scout Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to a user of the KC Scout Technology except for the limited license expressly granted herein.
Access to KC Scout Technology
You shall be responsible for obtaining access to the KC Scout Technology and for all equipment necessary to access the KC Scout Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the KC Scout Technology, including, but not limited to, all telephone, equipment, airtime and internet service provider charges.
Without limiting the foregoing, the KC Scout Technology (including, but not limited to, the KC Scout Site) may contain offers for KC Scout or for the purchase or lease of merchandise or services. Such merchandise and services may be obtained only by linking to the merchant web site in order to make the transaction. Terms of the offer shown on the KC Scout Technology, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant’s web site. Any differences in the terms of an offer between the KC Scout Technology and a merchant’s site will be governed by the terms shown on the merchant’s site. KC Scout is not responsible or liable for any such differences or discrepancies.
Submission of Materials
Other than personally identifiable information, which is addressed under our Privacy Statement, any and all comments, suggestions, ideas, graphics, or other information that you transmit to KC Scout through the KC Scout Technology (“Submission”) become and will remain the sole and exclusive property of KC Scout and may be used by KC Scout anywhere, anytime and for any reason whatsoever. Personally identifiable information will also remain the property of KC Scout and may be used by KC Scout subject only to the Privacy Statement found on www.kcscout.net. To the extent KC Scout does not acquire ownership to your Submission, you hereby assign all right, title and interest in and to such information to KC Scout without the payment of any further consideration to you by KC Scout. You agree to execute any instruments and to do all things reasonably requested by KC Scout to vest in KC Scout all right, title and interest in and to your Submission. You also hereby irrevocably designate and appoint KC Scout and its duly authorized officers and agents as its agent and attorney in fact, which appointment is coupled with an interest, to act for and in its behalf to execute, verify and file any document and do any other lawfully permitted acts to further the purpose of the foregoing sentences with respect to the ownership of the Submission.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the KC Scout Technology and to select a unique username and password in order to be able to access your account and use any of the KC Scout Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify KC Scout in writing of any breach of security, including, but not limited to, unauthorized use of your username or password. You also understand that exiting immediately from your account ( i.e. “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you may be liable for all activity and transactions made by that person including transactions for which you may not have intended to be liable.
Please notify us immediately of any unauthorized use of your user name and password through the Support service in www.kcscout.net or via email to Webmaster@kcscout.com .
The KC Scout Technology resides on the public internet. KC Scout uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to KC Scout and any information stored on servers controlled by KC Scout. Notwithstanding these efforts, KC Scout cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not
Violations of system or network security may result in civil or criminal liability. KC Scout reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Disclaimer of Warranty
Although KC Scout uses reasonable efforts to make available accurate, traffic information, you assume total responsibility and risk for use of the KC Scout Technology. To the extent you use any KC Scout Technology in connection with a handheld or telephone device, it is your responsibility to use your device safely at all times and not to be distracted while driving. THE KC SCOUT TECHNOLOGY IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. KC Scout further does not warrant the accuracy, completeness, or timeliness of the materials within the KC Scout Technology. KC Scout may make changes to the materials in the KC Scout Technology, or to the products or services described in it, at any time without notice. Further, KC Scout, assumes no liability or responsibility for any errors or omissions in the content of the KC Scout Technology. The materials in the KC Scout Technology may be out of date, and KC Scout specifically disclaims any duty to update the information in the KC Scout Technology.
Limitation of Liability
NEITHER KC SCOUT, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE KC SCOUT TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCTIN OR DELIVERING KC SCOUT TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CNOSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, OR ACCESS TO THE KC SCOUT TECHNOLOGY OR FROM YOUR INABILITY TO ACCESS AND USE THE KC SCOUT TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE KC SCOUT TECHNOLOGY; THE LINKING TO OTHER WEB SITES FROM THE KC SCOUT TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH, OR OBTAINED FROM THE KC SCOUT TECHNOLOGY; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE KC SCOUT TECHNOLOGY WHETHER OR NOT KC SCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL KC SCOUT’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, STRICT LIABILITY OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF THE FEES, IF ANY, PAID BY YOU TO KC SCOUT, FOR ACCESSING THE KC SCOUT TECHNOLOGY OR FIVE DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Indemnification by User
You agree to indemnify and hold KC Scout and its agents, co-branders and their officers, directors, employees and agents (“KC Scout Parties”) harmless from any liability, loss, claim, action, debt and expense, including, without limitation, attorneys’ fees, and, you agree, at KC Scout’s request, to defend the KC Scout Parties from and against any and all claims arising out of or relating to:
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself or any other individual or entity any Confidential Information of KC Scout. “Confidential Information” means any trade secrets or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to KC Scout or its licensors, including, but not limited to, all parts of the KC Scout Technology and any other materials or information related to the business or activities of KC Scout that are not generally known to others engaged in similar businesses or activities.
KC Scout does not imply that the materials published on or through the KC Scout Technology are designed or appropriate for use outside of the United States. If you access our KC Scout Technology from outside the United States, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of the KC Scout Technology, you may not view or use the KC Scout Technology.
This Agreement shall be governed and construed in all respects by the laws of the state of Missouri or Kansas, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods.. The parties agree that any action at law, suit in equity, or other judicial proceeding shall be instituted either in the Circuit Court of Cole County, Missouri or the Shawnee County District Court, Shawnee County, Kansas. The location of the venue between the State of Missouri and the State of Kansas shall be determined by the state location where the event occurred and each pa. To the fullest extent permitted by applicable law, each of the parties hereby waives and covenants that it will not assert (whether as plaintiff, defendant, or otherwise), any right to trial by jury in any forum in respect of any claim arising out of or based upon this Agreement.
Severability and Integration
This Agreement, our Privacy Statement and any other document referenced herein constitute the entire agreement between you and KC Scout with respect to the KC Scout Technology; provided, however, that certain provisions of the Agreement may be superseded by expressly designated legal notices or terms which may be located on particular pages on the KC Scout Site or within the KC Scout Technology. If any part of this Agreement is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect. Any waiver of any provisions contained in this Agreement by KC Scout shall not be deemed to be a waiver of any other right, term, or provision of the Agreement.
KC Scout Privacy Statement
KC Scout has a Privacy Statement that discloses what information KC Scout collects about you, how KC Scout uses such information, the steps KC Scout takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The policy is available on this KC Scout Site and is incorporated herein by this reference.
KC Scout Intellectual Property Notice
KC Scout respects the intellectual property of others, and KC Scout asks our users to do the same. IF you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide KC Scout’s Copyright Agent the following information (the “Notice”):
KC Scout’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached at:
Kansas City Scout
600 NE Colbern Road
Lee’s Summit, MO 64086
Attn: KC Scout Corporate Counsel
Order of Preference
This Agreement governs your use and access to the KC Scout Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with KC Scout. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this KC Scout Site or within the KC Scout Technology, conflicts with any provision of your other agreements with KC Scout, the terms of such other agreement shall, take precedence over the conflicting term(s) of this Agreement
Deep Links; Spidering
You shall not “deep-link” to the KC Scout Technology, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the KC Scout Technology, for any purpose whatsoever, unless specifically authorized in writing by KC Scout. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the KC Scout Technology or any of the pages of the KC Scout Site is expressly prohibited and infringes on KC Scout’s intellectual property rights.
Revisions and Consents
Requests for the consent or approval of KC Scout should be made in writing and directed to Webmaster@KCScout.com .