Kansas Secretary of State

TERMS OF USE

Welcome. Thank you for visiting the KSSOS Web site (the "Site"). As is true for many other Web sites, the KSSOS Web site has rules that apply to your use of this Site and any services available through this Site. Those rules, referred to as "terms of use," are set forth in this Terms of Use Agreement. By using this Site, you are agreeing to comply with, and be bound by, the following terms of use. Please review them carefully. If you do not agree with any of these terms of use, do not use this Site.

Who Owns This Site? This Site is owned by the Kansas Secretary of State.

The Kansas Secretary of State’s address is:
Kansas Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
(785) 296-4564

Right to Change the Site. KSSOS may discontinue, edit, delete or change any aspect of the Site, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user's right to use the Site, at KSSOS's sole discretion and without prior notice or liability.

Entire Agreement. You agree that this Terms of Use Agreement ("Agreement") constitutes the entire agreement between you and KSSOS with respect to your use of the Site, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, written or oral, between KSSOS and you with respect to the Site. KSSOS offers a subscription package and certain online services, which are governed by other terms and conditions described in other instruments. KSSOS may post certain additional terms or conditions in close proximity to a particular portion of the Site, which shall also apply to your use of that portion of the Site. KSSOS may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should periodically check this Agreement for changes. Your continued use of the Site shall be deemed your acceptance of any such changes.

Trademarks. The KSSOS logo, and other names used for KSSOS products and services are trademarks/service marks of KSSOS. Other product and company names mentioned on the Site may be trademarks/service marks of their respective owners.

Copyrights. The content organization, graphics, design, compilation and other materials on or related to the Site are protected under applicable copyright, trademark and other proprietary and intellectual property rights. In most cases, the content is owned by the state agency choosing to make its information available through KSSOS Service. The copying, redistribution, use or publication by you of any such materials or any part of the Site, except as explicitly allowed, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Limited Right to Use. Except as may otherwise be allowed by law (including but not limited to the Kansas Open Records Act), the viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. KSSOS may revoke this license at any time.

Prohibited Behavior. You are prohibited from using the Site in any way to do any of the following:

a. restrict or inhibit any other user from using and enjoying the Site;

b. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

c. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms or Trojan horses;

d. access another person's or entity's materials, information or files without the permission of that person or entity;

e. post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right without first obtaining permission from the owner or right holder;

f. post or transmit any information, software or other material which contains a virus or other harmful component;

g. post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;

h. post, transmit or in any way exploit any information, software or other material for advertising or commercial purposes;

i. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;

j. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;

k. use the Site to collect personally identifying information about users of the Site in violation of KSSOS Privacy Policy; or

l. perform any activities that KSSOS determines (in its sole discretion) may be harmful to KSSOS, the Site or other users of the Site.

No Unlawful Purposes. You agree that you will not use the Site or any information or services related thereto for any unlawful purpose. KSSOS shall determine whether any use violates this provision.

Monitoring. You understand that KSSOS has no obligation to monitor the Site. However, KSSOS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in KSSOS’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that KSSOS reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site, for operational and other purposes, subject to KSSOS’s Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with KSSOS’s Privacy Policy. Use of the Site constitutes consent to such monitoring.

Submissions. KSSOS is pleased to hear from users and welcomes your comments regarding KSSOS's programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to KSSOS they shall be deemed, and shall remain, the property of KSSOS, and shall otherwise be subject to the provisions above. None of the Submissions shall be subject to any obligation of confidence on the part of KSSOS, and KSSOS shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, KSSOS shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Third Party Sites. KSSOS has provided links and pointers to Internet sites maintained by third parties ("Third Party Sites") and may from time to time provide third party items or materials on this Site. Any mention on this Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by KSSOS. KSSOS assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through this Site are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE SECRETARY OF STATE, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE SECRETARY OF STATE LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.

Indemnification. You agree to defend, indemnify and hold harmless KSSOS, their affiliates and their employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the Site, including information obtained through the Site.

Minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

Infringement Policy. KSSOS respects the intellectual property of others, and asks you to do the same. KSSOS reserves the right, but not the obligation, to terminate your use of the Site if it determines you are involved in infringing activity.

a. Claims of infringement may be addressed to: Legal Counsel, Memorial Hall, 1st Floor, 120 SW 10th Avenue, Topeka, KS66612-1594. By Phone: 785-296-4564. The information for contacting KSSOS is available on KSSOS’s Web site at, www.sos.ks.gov/contact.html.

b. KSSOS reserves the right to accommodate and otherwise not interfere with standard technical measures used by copyright owners to protect their materials.

Export Control Information

a. Unless otherwise specified, the materials on this Site are presented solely to provide information regarding and to promote KSSOS's Services and other products available in the State of Kansas, United States of America. This Site is controlled and operated by KSSOS from its offices within the State of Kansas. KSSOS makes no representation that materials on this Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with their local laws.

b. Any downloadable software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (B) to anyone on the United States Treasury Department list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous. This Agreement shall be treated as though it were executed and performed in Topeka, Kansas, and shall be governed by and construed in accordance with the laws of the State of Kansas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Shawnee County, Kansas. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. KSSOS's delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.