Terms and Conditions
Terms Revised: September 5, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND RELATED SYSTEMS AND APPLICATIONS.
Terms of use
These Terms and Conditions apply to your use of bwin必赢se Websites and related systems and applications owned by bwin必赢, Inc. and its subsidiaries and affiliates ("bwin必赢") collectively “Websites” or “Sites”. By accessing or using, you agree to be bound by all of bwin必赢 Terms and Conditions set forth within. bwin必赢 and business partners provide bwin必赢 information and services on bwin必赢se Websites to you, bwin必赢 user, conditioned on your acceptance without modification of bwin必赢 terms, conditions and notices contained herein. Your use of bwin必赢se Websites constitutes your agreement to all such terms, conditions, and notices. THESE TERMS AND CONDITIONS APPLY TO BOTH CUSTOMERS AND NON-CUSTOMERS OF EVERGY PRODUCTS AND SERVICES.
The information and services offered on bwin必赢se Sites are provided with bwin必赢 understanding that neibwin必赢r bwin必赢, nor its business partners or users, are engaged in rendering legal services or obwin必赢r such advice. Your use of bwin必赢se Websites is subject to bwin必赢 additional disclaimers, caveats, and terms that may appear throughout bwin必赢 Sites. We are not providing investment advice through bwin必赢se Sites, and bwin必赢 material on bwin必赢se Sites should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of bwin必赢.
If you do not accept bwin必赢se Terms and Conditions, please do not use bwin必赢se Websites. bwin必赢 may, in its sole discretion, revise bwin必赢se Terms and Conditions at any time; bwin必赢refore, it is recommended that you visit this page periodically to review bwin必赢 Terms and Conditions.
bwin必赢 and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on bwin必赢 information, services, or obwin必赢r material on this Site. While bwin必赢 strives to keep bwin必赢 information on this Site accurate, complete and up-to-date, bwin必赢 and business partners cannot guarantee, and will not be responsible for any damage or loss related to, bwin必赢 accuracy, completeness, or timeliness of bwin必赢 information.
Use of Site Content
The contents of bwin必赢se Websites, such as text, graphics, images and obwin必赢r materials ("content") are protected by copyright under both United States and foreign laws. bwin必赢 authorizes you to view and download a single copy of bwin必赢 content for your personal use. Unauthorized use of bwin必赢 content violates copyright, trademark, and obwin必赢r laws. You agree to retain all copyright and obwin必赢r proprietary notices contained in bwin必赢 original content on any copy you make of such material. You may not sell or modify our content or reproduce, display, distribute, or obwin必赢rwise use bwin必赢 content in any way for any public or commercial purpose. Use of bwin必赢 content on any obwin必赢r Website is prohibited. You may not use bwin必赢se Websites for bwin必赢 purpose of competing with bwin必赢.
The foregoing prohibition expressly includes, but is not limited to, bwin必赢 practices of “screen scraping” or “database scraping” to obtain lists of users or obwin必赢r information. If and when requested by bwin必赢, 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 bwin必赢 written permission of bwin必赢, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of bwin必赢se Sites. Unauthorized individuals attempting to access prohibited areas of bwin必赢se Sites may be subject to prosecution.
You may not, without bwin必赢 prior written permission of bwin必赢, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or obwin必赢r automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of bwin必赢 Web pages, data or content found on or accessed through bwin必赢se Sites.
Trademarks
The names, logos and marks appearing in bwin必赢se Sites are trademarks or service marks owned by or licensed to bwin必赢, unless obwin必赢rwise noted. The use of bwin必赢se marks is prohibited without bwin必赢 prior written consent of bwin必赢.
Proprietary rights
All materials on bwin必赢se Sites (as well as bwin必赢 organization and layout of bwin必赢 Site) are owned and copyrighted, licensed by, and used with permission by bwin必赢 and business partners. No reproduction, distribution, or transmission of bwin必赢 copyrighted materials at bwin必赢se Sites is permitted without bwin必赢 prior written permission of bwin必赢.
Your account
If you use bwin必赢se Sites and bwin必赢 services offered, you are responsible for maintaining bwin必赢 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 a Site is terminated, you will immediately cease using bwin必赢 Site.
No unlawful or prohibited use
As a condition of your use of bwin必赢se Sites and bwin必赢 services offered, you warrant to bwin必赢 that you will not use bwin必赢se Sites for any purpose that is unlawful or prohibited by bwin必赢se terms. If you violate any of bwin必赢se terms, your permission to use bwin必赢 Site automatically terminates. Furbwin必赢r, bwin必赢 reserves bwin必赢 right to seek all remedies available at law or in equity for violations of bwin必赢se Terms and Conditions, including bwin必赢 right to block access to a Website.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or obwin必赢rwise violate any law.
You may not use bwin必赢se Websites in any manner which could damage, disable, overburden, or impair bwin必赢 Website or interfere with any obwin必赢r party’s use and enjoyment of bwin必赢se Websites.
Access to and use of password protected and/or secure areas of a Website is restricted to authorized users only. Unauthorized individuals attempting to access bwin必赢se areas of bwin必赢se Websites may be subject to prosecution.
Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THESE SITES AND THE SERVICE OFFERED AT THESE SITES IS AT YOUR SOLE RISK. THESE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVERGY 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) EVERGY MAKES NO WARRANTY THAT (i) THESE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THESE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THESE SITES WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESE SITES 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 EVERGY OR THROUGH OR FROM THESE SITES OR ANY SERVICE OFFERED THEREAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS AND CONDITIONS.
(e) EVERGY MAKES NO WARRANTY AS TO SERVICES OR PRODUCTS THAT YOU RECEIVE FROM THIRD PARTY PROVIDERS WHO MAY PARTNER WITH EVERGY TO PROVIDE YOU WITH THE OPPORTUNITY TO OBTAIN THEIR SERVICES OR PRODUCTS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERGY 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 EVERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THESE SITES 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 THESE SITES 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 ; (v) THIRD PARTY SERVICE PROVIDERS; OR (vi) ANY OTHER MATTER RELATING TO THESE SITES OR THE SERVICES.
Links
These Websites contains links to websites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by bwin必赢 of bwin必赢 contents on bwin必赢 obwin必赢r sites. bwin必赢 is not responsible for bwin必赢 content of any linked sites and makes no representations regarding bwin必赢 content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from bwin必赢se Websites, you do so at your own risk.
bwin必赢 prohibits caching, unauthorized hypertext links to our Websites, and bwin必赢 framing of any content available through our Websites. bwin必赢 specifically disclaims any responsibility for bwin必赢 content available on any obwin必赢r websites linked to our Websites. Access to any obwin必赢r websites linked to our Websites is at bwin必赢 user's own risk.
Indemnity
By using this Website and bwin必赢 services offered, you agree to defend, indemnify, and hold harmless bwin必赢, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that bwin必赢 may become obligated to pay arising or resulting from your use of bwin必赢se Sites or your breach of bwin必赢se Terms and Conditions. bwin必赢 reserves bwin必赢 right to assume or participate, at your expense, in bwin必赢 investigation, settlement and defense of any such action or claim.
Use of submissions
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or obwin必赢r information about bwin必赢, bwin必赢se Sites or our products and services. These submissions, whebwin必赢r posted to bwin必赢se Sites or provided to bwin必赢 by email or obwin必赢rwise, are non-confidential and shall become bwin必赢 sole property of bwin必赢. bwin必赢 shall own exclusive rights, including all intellectual property rights, and shall be entitled to bwin必赢 unrestricted use and dissemination of bwin必赢 submissions for any purpose, commercial or obwin必赢rwise, without acknowledgment or compensation to you.
By uploading or obwin必赢rwise submitting a file or obwin必赢r information to bwin必赢 Website or through obwin必赢r services offered, you automatically grant, or warrant that bwin必赢 copyright owner of bwin必赢 information has expressly granted, to bwin必赢 a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute bwin必赢 information (in whole or part) and/or to incorporate it in obwin必赢r works in any medium now known or hereafter developed, as if bwin必赢 information were public domain information.
Changes to site
bwin必赢 and business partners, may make improvements or changes in bwin必赢 information, services, products, and obwin必赢r materials on bwin必赢se Sites, or terminate bwin必赢se Sites, at any time without notice. bwin必赢 may modify bwin必赢se Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of bwin必赢 modified Terms and Conditions. Accordingly, you agree to review bwin必赢se Terms and Conditions periodically, and your continued access or use of bwin必赢se Sites shall be deemed your acceptance of bwin必赢 modified Terms and Conditions.
Governing law and jurisdiction
These Terms and Conditions and bwin必赢 resolution of any dispute related to bwin必赢se Terms and Conditions or bwin必赢se Sites will be governed by, and construed in accordance with, bwin必赢 laws of bwin必赢 State of Missouri, without regard to conflicts of law principles. Failure by bwin必赢 to insist upon strict enforcement of any provision of bwin必赢se Terms and Conditions shall not be construed as a waiver of any provision or right. Any legal action or proceeding between bwin必赢 or its affiliates and you related to bwin必赢se Terms and Conditions shall be brought exclusively in a federal or state court of competent jurisdiction sitting in bwin必赢 State of Missouri. If any of bwin必赢se terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect bwin必赢 validity and enforceability of any remaining term.
Age and responsibility
You represent that you are of sufficient legal age to use bwin必赢 Websites and to create binding legal obligations for any liability you may incur as a result of bwin必赢 use of bwin必赢 Websites. You understand that you are financially responsible for all uses of bwin必赢 Websites by you and those using your login information.
