K-Gen Power
 
 Terms and Conditions
 Legal Disclaimer

Your access to and use of this Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and KGen Power Corporation are superseded and of no force or effect.

Terms and Conditions

1. You may download, display or print information from this Site (the "Information") solely for non-commercial personal use.

2. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission of KGen Power Corporation. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of KGen. KGen neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with KGen.

3. With the exception of the foregoing limited authorization, no license to or right in any copyright of KGen or of any other party is granted or conferred to you.

4. The KGen internet site may contain or reference proprietary information or other proprietary rights of KGen, its affiliates and/or other parties. No license to or right in any such trade secrets and other proprietary rights of KGen, its affiliates and/or other parties is granted to or conferred upon you.

5. While KGen uses reasonable efforts to include accurate and up to date information in the Site, KGen makes no warranties or representations with respect to the content of the Site, which is provided "as is". KGen accepts no responsibility or liability whatsoever arising from or in any way connected with the use of this Site or its content. In particular, KGen will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on the Site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. KGen also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. KGen reserves the right to interrupt or discontinue any or all of the functionality of its Site. The KGen entity controlling this Site accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether the result of actions or omissions of an entity of KGen or a third party.

6. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of KGen or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, KGen is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever.

7. The Information may contain technical inaccuracies or typographical errors. KGen reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such information, at any time without notice.

8. Because KGen has no control over and does not endorse any of the sites to which the Site is linked and because KGen has not reviewed any or all of the sites to which the Site is linked, you acknowledge that KGen is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of KGen. By making use of any such links, you understand that the legal statement and privacy policy of the linked site will apply and which may be different from those of KGen.

9. Although KGen may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, KGen is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. KGen will fully cooperate with any law enforcement authorities or court order requesting or directing KGen to disclose the identity of anyone posting any such information or materials.

10. KGen may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

11. Links to this Site are permitted only to the home page. Deep linking is not permitted without the prior written consent of KGen.

12. Framing of this Site by sites or site elements of parties not part of KGen Power Corporation is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of KGen Power Corporation is equally prohibited.

Terms of Use Agreement between User and KGen Power Corporation.

TERMS OF USE

Please read this agreement (“Agreement”) carefully before accessing or using the KGen Web site at www.kgenpower.com (the “Site”). By accessing or using the Site, you agree to be bound by this Agreement. KGen 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 KGEN’S SERVICES.

The information and services offered on the Site are provided with the understanding that neither KGen, 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 KGen Power Corporation or its affiliates.

KGen 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 KGen strives to keep the information on this Site accurate, complete and up-to-date, KGen 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 KGen, 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 KGen, 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 KGen, 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.

PROPRIETARY RIGHTS

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 KGen, 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 KGen.

DOWNLOADS OF MANUALS, POLICIES AND PROCEDURES

If you are a contractor, your download and use of KGen 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.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to KGen 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 IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KGEN 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) KGEN MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY 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 KGEN 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 KGEN 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 KGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless KGen 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

This Site may contain hyperlinks to Web sites operated by parties other than KGen or its affiliates. Such hyperlinks are provided for your reference only. KGen does not control such Web sites, and is not responsible for their content. Inclusion of hyperlinks by KGen to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the KGen privacy policy is applicable only when you are on our Site, once linked to another Web site, you should read that site’s privacy policy before disclosing any personal information.

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 KGen.

USE OF SUBMISSIONS

Except as provided in our Privacy Policy, postings to and communications with the Site are not private. You grant KGen the unrestricted right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site (including your identity and information about you) for any purpose, including commercial uses, and to authorize others to do so. Any information you submit to KGen in any medium shall become the property of KGen and shall not be returned to you.

CHANGES TO SITE

KGen, 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. KGen 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 KGen’s site. The linked sites are not under the control of KGen. KGen 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. KGen is not responsible for Webcasting or any other form of transmission received from any linked site. KGen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KGen of the site.

MISCELLANEOUS

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 Texas, without giving effect to any principles of conflicts of law. Failure by KGen 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 KGen, 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 Texas, County of Harris. 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.

KGen and other logos are trademarks owned by or licensed to KGen or its affiliates (the “Marks”). Without the prior written permission of KGen, 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 2008 KGen Power Corporation. All rights reserved.