Kansas City Scout and its directors, officers and/or employees (collectively, “KC Scout”) provide the materials, products and services contained, offered or otherwise available on or through this web site and its related web pages (including, but not limited to, the one located at URL www.kcscout.net) and its successor, co-branded and/or derivative sites (collectively, the “KC Scout Site”) as a service (the “KC Scout Service”) to our customers and visitors, subject to the terms of use set forth herein.

 

IMPORTANT – READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, SUBSCRIBING, DOWNLOADING AND/OR OTHERWISE USING THE KC SCOUT SITE, KC SCOUT SERVICES, AND THE RELATED KC SCOUT PRODUCTS, SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “KC SCOUT TECHNOLOGY”).

 

KC SCOUT IS WILLING TO PROVIDE THE KC SCOUT TECHNOLOGY TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF USE SET FORTH HEREIN, ON ANY REGISTRATION FORMS SUBMITTED BY YOU TO KC SCOUT IN CONNECTION WITH KC SCOUT TECHNOLOGY (COLLECTIVELY, “REGISTRATION FORM”) AND ON ANY DOCUMENTS REFERENCED HEREIN (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF USE OF THIS AGREEMENT, PROMPTLY CEASE USING THE KC SCOUT TECHNOLOGY AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, SUBSCRIBING OR INSTALLING THE KC SCOUT TECHNOLOGY.

 

Authority

 

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

 

Subject to the terms of use set forth herein, KC Scout grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view use and access the KC Scout Technology and incidentally view and download the images, text, graphics, photographs, audio, video and other content available within the KC Scout Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use provided you retain all KC Scout copyright and proprietary notices contained in the original materials or any copies thereof. Without limiting the foregoing, KC Scout specifically prohibits the use of the KC Scout Technology in television, radio, web, telephone, or telematics applications without the specific written approval of KC Scout.

 

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.

 

Links

 

Links in the KC Scout Technology (including, but not limited to, links on the KC Scout Site) may allow you to access other web sites and are provided as a convenience to you. KC Scout has not reviewed all of these other web sites and does not control and is not responsible for any of these web sites or their content. You access these web sites at your own risk. WITHOUT LIMITING THE FOREGOING, KC SCOUT HEREBY DISCLAIMS ALL LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES. BY CREATING A LINK TO THIRD PARTY SITES, OR BY PROVIDING A DESCRIPTION OR REFERENCE TO SUCH THIRD PARTY SITES, KC SCOUT DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THE THIRD PARTY SITES, NOR IS KC SCOUT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTIES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF KC SCOUT AND THIRD PARTY SITES MAY PROVIDE LESS SECURITY THAN USED BY KC SCOUT.

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 .

 

Representations

 

Subject to the terms of use set forth herein, you may use the KC Scout Technology only for lawful purposes. The KC Scout Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances that are applicable to the use of the KC Scout Technology. You shall not transmit to the KC Scout Technology or use the KC Scout Technology to send, any material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, infringe on a third party’s intellectual property right, offensive or disruptive (including, but not limited to, spam, offensive sexual, racial or gender related material, and material that violates KC Scout’s then current policies). Even though KC Scout may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

 

Security

 

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.

Termination

 

You agree that KC Scout, at its sole discretion, may terminate or suspend your access to and use of the KC Scout Technology (or any part thereof) at any time and for any reason whatsoever, including, but not limited to, for lack of use by you or if KC Scout believes that you have violated or acted inconsistently with the terms of use of this Agreement. KC Scout reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the KC Scout Technology (or any part thereof) without notice. You agree that KC Scout shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the KC Scout Technology. Your obligations under this Agreement continue even after KC Scout such actions.

 

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:

 

 

Confidentiality

 

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.

 

Jurisdiction

 

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

 

KC Scout reserves the right to revise this Agreement at any time and for any reason. We also reserve the right to make changes at any time, without notice or obligation, to any of the information or services contained on or offered through KC Scout Technology or on the KC Scout Site. By entering this KC Scout Site and/or using the KC Scout Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically visit this page to review these terms of use. In fact, we hope you will return to our KC Scout Site often.

 

Contact Information

 

Requests for the consent or approval of KC Scout should be made in writing and directed to Webmaster@KCScout.com .

 

The terms of use of this Agreement were last updated August 20, 2008. Please check back periodically for updates and changes.