Please read this agreement (“Agreement”) carefully before accessing or using the Westar Energy Web site at www.westarenergy.com (the “Site”). By accessing or using the Site, you agree to be bound by this Agreement. Westar Energy and its business partners provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. THIS AGREEMENT APPLIES TO BOTH CUSTOMERS AND NON-CUSTOMERS OF WESTAR ENERGY’S PRODUCTS AND SERVICES.
The information and services offered on the Site are provided with the understanding that neither Westar Energy, nor its business partners or users, are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. We are not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Westar Energy, Inc. or its affiliates.
Westar Energy and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Westar Energy strives to keep the information on this Site accurate, complete and up-to-date, Westar Energy and its business partners cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download and print one copy of the publicly available materials on this Site for your own personal and internal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Westar Energy, you agree to provide true, accurate and complete user information. You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Westar Energy, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
You may not, without the prior written permission of Westar Energy, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on or access through the Site.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, and used with permission by Westar Energy, its affiliates or its business partners. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of Westar Energy.
DOWNLOADS OF MANUALS, POLICIES AND PROCEDURES
If you are a contractor, your download and use of Westar Energy manuals, policies and procedures on the Site shall be subject to the Contractor On-Line Access Agreement displayed when you access the relevant download pages within the Site.
If you use this Site, you are responsible for maintaining the confidentiality of your account ID and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account using your password. If your status as a user of the Site is terminated, you will (i) immediately cease using the Site and destroy all copies of your account access information and password.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Westar Energy that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE AND THE SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WESTAR ENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WESTAR ENERGY MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WESTAR ENERGY OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED THEREAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WESTAR ENERGY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WESTAR ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE ; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.
You agree to indemnify, defend and hold harmless Westar Energy and its affiliates from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
LINKS TO THIS SITE
You may only provide a hypertext link to this Site on another Web site pursuant to a written Linking Agreement, obtained from the Westar Energy Public Affairs Department.
USE OF SUBMISSIONS
CHANGES TO SITE
Westar Energy, its affiliates and/or its business partners, may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Westar Energy may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
THIRD PARTY LINKS
The links on the Web site will let you leave Westar Energy’s site. The linked sites are not under the control of Westar Energy. Westar Energy is not responsible for the contents of any linked site, or any site linked within a linked site, or any changes or updates to such sites. Westar Energy is not responsible for Webcasting or any other form of transmission received from any linked site. Westar Energy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Westar Energy of the site.
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by Westar Energy or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Westar Energy, and/or its affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Kansas, County of Shawnee or Wyandotte. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
Westar, Westar Energy, Westar Wind, Safety Watch and other logos, product and service names are trademarks and service marks owned by or licensed to Westar Energy or its affiliates (the “Marks”). Without the prior written permission of Westar Energy, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2010 Westar Energy, Inc. All rights reserved.