Last updated October 12, 2020
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- Acceptable Use Policy. You shall neither post nor transmit, through the Koch Site, any information or content that (a) violates or infringes upon the rights of others, including third party intellectual property rights; (b) is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable; (c) may contain political campaigning, chain letters, mass mailings, or any form of “spam;” or (d) is otherwise in violation of any law or regulation. The Koch Site contains proprietary information and the rights to the Content are owned by Koch and its licensors. You may not modify, reproduce, publish, transmit, translate, publicly display, distribute, create derivative works from or in any way exploit, any feature on the Koch Site or the Content contained in the Koch Site, in whole or part, without the written permission of Koch. In addition, you shall not (i) remove from the Koch Site, or modify, any markings, notices or proprietary rights of Koch or its licensors; (ii) attempt to impersonate another individual or otherwise mislead as to the origin of any User Content submitted by you; (iii) make any viruses, spyware, malware, or similar items which are potentially harmful or intended to damage or monitor the use of software, hardware or other equipment or to collect information about users of the Koch Site (collectively, “Code”) available through or in connection with the Koch Site; (iv) cause or permit reverse engineering, disassembly or decompilation of the Koch Site; (v) interfere with or disrupt the operation of the Koch Site or the systems, servers or networks used to make the Koch Site available; or (vi) attempt to gain unauthorized access to any Koch account, systems or network through hacking, password mining or any other means not intentionally made available through the Koch Site.
- Third Party Sites. The Koch Site may contain links to third-party sites or information, including, without limitation, links from advertisers, sponsors and/or partners that may use a Koch Mark. Koch assumes no liability for, and make no representations regarding, these third-party sites, including without limitation their content and the practices of their operators. Your access to and use of a third-party site are at your own risk and will be governed by such third party’s terms and policies. The presence of a link to a third-party site is not an endorsement, sponsorship or recommendation by Koch of the third party or the content, products, or services contained on, or available through, such third-party site.
- Disclaimer of Warranties.
THE KOCH SITE AND ALL CONTENT MADE AVAILABLE THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KOCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE KOCH SITE OR ITS CONTENT, ITS USE, OR THE RESULTS OF SUCH USE. ALL WARRANTIES AND CONDITIONS OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS), MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, KOCH DOES NOT WARRANT OR REPRESENT THE OPERATION OF THE KOCH SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN THE KOCH SITE WILL BE CORRECTED. FURTHERMORE, KOCH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE OF THE KOCH SITE OR ITS CONTENT, OR THAT THE KOCH SITE WILL MEET YOUR REQUIREMENTS.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OF THE ABOVE-MENTIONED WARRANTIES, THE DISCLAIMERS ABOVE DO NOT APPLY TO YOU.
- Digital Millennium Copyright Act.
- Koch respects the intellectual property rights of third parties. You can find our procedures for providing notice of alleged copyright infringement below. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Take Down Notification”), to our Designated Agent, who can be reached as follows:
||Koch Companies Public Sector, LLC
Attention: Sam Gunn
133 Peachtree Street NE, Atlanta, GA 30303
ALL INQUIRIES DIRECTED TO THE DESIGNATED AGENT WHICH ARE NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Pursuant to 17 U.S.C. ¤ 512(c), to be effective, the Take Down Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Koch to locate the material.
- Information reasonably sufficient to permit Koch to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. Koch may request additional information before it removes any infringing material. If a dispute develops as to the correct owner of the rights in question, Koch reserves the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Koch will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Do not make false claims!
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
- Agreement and Class Action Waiver
- Mandatory Arbitration. YOU AND KOCH AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE KOCH SITE (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and Koch waive the right to a trial by jury and any right to have a Dispute heard in court.
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and Koch agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
- Class Action Waiver. You and Koch agree the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
- Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Koch will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Koch will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
- Non-Arbitration Class Action and Jury Waiver. You and Koch agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Koch waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Koch may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH KOCH THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to: Koch Communications Marketing, 4111 E. 37th Street North, Wichita, KS 67220 Attn: Counsel. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
- International Use/Export. The Content is not intended to be published or made available to any person in any jurisdiction where doing so would result in the violation of any applicable laws or regulations. Accordingly, if it is prohibited to make such Content available in your jurisdiction or to you (by reason of your nationality, residence or otherwise), it is not directed at you. Before reviewing this Koch Site, you must be satisfied that doing so will not result in such a violation and is not so prohibited, and by proceeding to use this Koch Site you confirm that this is not the case.
You acknowledge the Content may be subject to customs, trade sanctions and export laws and regulations of the United States and those of other countries. You agree to comply with such laws and regulations in your use of the Koch Site and its Content. You may not download, transfer, export or re-export any Content prohibited under customs, trade sanctions or export control laws, or otherwise, to any territory prohibited under United States trade sanctions regulations, or to any person, entity or organization designated on the U.S. Treasury Department’s List of Specially Designated Nationals or majority-owned by a person, entity or organization so designated or to any person, entity or organization designated on the U.S. Department of Commerce’s Denied Persons List or Entity List. By Using a Koch Site or any Content, you represent and warrant you are not located in, under the control of, or a national or resident of any country to which such import, export, or re-export is prohibited under United States trade sanctions regulations or export control laws and you are not a person or entity to which such export is prohibited under United States trade sanctions regulations or export control laws.
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