Terms of Use

Disclaimer

The Kansas Department of Commerce is providing this information (the ‘Website’) as a public service and the information contained within it is continually under development. Users of the Kansas Department of Commerce should be aware that, while we try to keep the information on this Web site timely and accurate, the Department does not check the accuracy of the information contained on this Web site. The Department does not endorse or recommend any Kansas Department of Commerce participant (‘Participant’) listed on this Web site. While the Department makes every effort to correct errors brought to our attention, be aware that we do not control or guarantee the accuracy, relevance or completeness of information entered into the Web site. The Department does not intend to endorse any views expressed or products or services offered by those individuals or organizations providing input for this Web site in any form or reference.

Terms of Use

Welcome

Thank you for visiting the Kansas Department of Commerce Web site (the ‘Web site’). As is true for many other Web sites, this Web site has rules that apply to your use of or participation in the Network or Web site (the ‘Web site’) and any services available through the same. Those rules, referred to as ‘terms of use,’ are set forth in this Terms of Use Agreement and the Participant Agreement. By using the Web site, you are agreeing to comply with, and be bound by, the following terms of use. Please review them carefully.

Who Owns the Website?

The Web site is owned by the State of Kansas, Department of Commerce.

Responsibility for Information

Each Participant in the network is responsible for its respective entry, public records, all information, referrals, and services provided through the Kansas Department of Commerce. You may contact us at:

Kansas Department of Commerce
1000 S.W. Jackson St., Suite 100
Topeka, Kansas 66612 – 1354
Phone: (785) 296-3481
E-mail: kdc_marketing@ks.gov 

Right to Change the Web Site

The Kansas Department of Commerce may discontinue, edit, delete or change any aspect of the Web 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 Web site, at the Kansas Department of Commerce’s sole discretion and without prior notice or liability.

Entire Agreement

You agree that this Terms of Use Agreement and the Guidelines for Resource Web site Entry (‘Agreement’) constitute the entire agreement between you and the Kansas Department of Commerce with respect to your use of the Web site, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, written or oral, between the Kansas Department of Commerce and you with respect to the Web site the Kansas Department of Commerce post certain additional terms or conditions in close proximity to a particular portion of the Web site, which shall also apply to your use of that portion of the Web site. The Kansas Department of Commerce may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Web site, and you should periodically check this Agreement for changes. Your continued use of the Web site shall be deemed as your acceptance of any such changes.

Trademarks

The Kansas Department of Commerce logo, and other names used for the Kansas Department of Commerce products and services are trademarks/service marks of the Kansas Department of Commerce. Other products and company names mentioned on the Web 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 Web site are protected under applicable copyright, trademark and other proprietary and intellectual property rights. In almost all cases, the content is owned by the Participant who choosing to make its information available through the Kansas Department of Commerce service. The copying, redistribution, use or publication by you of any such materials or any part of the Web site, except as allowed by this agreement or applicable law, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web site. The posting of information or materials on the Web 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 Web 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. The Kansas Department of Commerce may revoke this license at any time.

Prohibited Behavior

You are prohibited from using the Web site or the Kansas Department of Commerce in any way to do any of the following:

  1. restrict or inhibit any other user from using and enjoying the Web site;
  2. 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;
  3. 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;
  4. access another person’s or entity’s materials, information or files without the permission of that person or entity;
  5. 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;
  6. post or transmit any information, software or other material which contains a virus or other harmful component;
  7. post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
  8. post, transmit or in any way exploit any information, software or other material for advertising or commercial purposes;
  9. solicit other users to join, become Participants 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;
  10. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
  11. use the Web site to collect personally identifying information about users of the Web site in violation of the Kansas Department of Commerce’s Privacy Policy; or
  12. perform any activities that the Kansas Department of Commerce determines (in its sole discretion) may be harmful to the Kansas Department of Commerce, the Web site or other users of the Web site.

Use of Live Chat

The Kansas Department of Commerce includes a live chat feature so that users can reach out to staff for assistance. When a Kansas Department of Commerce staff member is not available to respond to your chat, messages may be sent from an automated response system (chatbot). Any automated responses will be identified as computer generated. These computer-generated messages are not moderated by the Kansas Department of Commerce staff. You can verify any information provided to you by the chatbot service by submitting questions to kdc_marketing@ks.gov.

You may be asked to provide information such as your first and last name, or email address so that staff can assist with your query. We will never ask for, nor should you ever provide, specific PII such as your Social Security number or date of birth. Chat message histories will be stored and secured in the same manner as other data submitted through the Kansas Department of Commerce and consistent with industry standard practices.

No Unlawful Purposes

You agree that you will not use the Web site or any information or services related thereto for any unlawful purpose. The Kansas Department of Commerce, at its sole and absolute discretion, shall determine whether any use violates this provision.

Monitoring

You understand that the Kansas Department of Commerce has no obligation to monitor the Web site. However, the Kansas Department of Commerce 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 the Kansas Department of Commerce’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that the Kansas Department of Commerce reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Web site, for operational and other purposes, subject to the Kansas Department of Commerce Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Kansas Department of Commerce Privacy Policy. Use of the Web site constitutes consent to such monitoring.

Submissions

The Kansas Department of Commerce is pleased to hear from users and welcomes your comments regarding the Kansas Department of Commerce. If you submit any original creative ideas, suggestions, notes, concepts or materials, the Kansas Department of Commerce (‘Submissions’), they shall be deemed, and shall remain, the property of the Kansas Department of Commerce, and shall otherwise be subject to the provisions of this Agreement. None of the Submissions shall be subject to any obligation of confidence on the part of the Kansas Department of Commerce, and the Kansas Department of Commerce shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the Kansas Department of Commerce 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 Web Sites

the Kansas Department of Commerce has provided the Kansas Department of Commerce’s and pointers to Internet Web sites maintained by third parties (‘Third Party Web sites’) and may from time to time provide third party items or materials on the Web site. Any mention on the Web site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the Kansas Department of Commerce. the Kansas Department of Commerce assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through the Web 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 Web sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY KSW.COM, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS KSW.COM LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES OR ANY OTHER WEBSITE LINKED TO THE WEBSITE.

Indemnification

You agree to defend, indemnify and hold harmless the Kansas Department of Commerce, the State of Kansas and their affiliates and their respective officers, 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 attorney’s 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 Web 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 Web site, including information obtained through the Web 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 Web 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 Web site; and (c) the consequences of any use of the Web site by such Minor.

Infringement Policy

The Kansas Department of Commerce respects the intellectual property of others and asks you to do the same. The Kansas Department of Commerce reserves the right, but not the obligation, to terminate your use of the Web site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Kansas Department of Commerce has implemented procedures for receiving written notification of claimed infringements and for processing such claims. To notify the Kansas Department of Commerce of claimed infringement, please contact us at:

Kansas Department of Commerce
1000 S.W. Jackson St., Suite 100
Topeka, Kansas 66612 – 1354
Phone: (785) 296-3481
E-mail: kdc_marketing@ks.gov 

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the Kansas Department of Commerce designated agent, listed above, and must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single notification, a representative list of such works at that Web site.
  3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

The Kansas Department of Commerce reserves the right to accommodate and otherwise not interfere with standard technical measures used by copyright owners to protect their materials.

Export Control Information

Unless otherwise specified, the materials on the Web site are presented solely to provide information regarding and to promote the Kansas Department of Commerce and other products and services available in the State of Kansas. The Web site is controlled and operated by the Kansas Department of Commerce from its offices within the State of Kansas. The Kansas Department of Commerce makes no representation that materials on the Web site are appropriate or available for use outside the State of Kansas. Those who choose to access the Web site from outside the State of Kansas do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable.

Any software downloadable from the Web site is further subject to United States export controls. No software from the Web 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 U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Web 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 Web 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 Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Kansas Department of Commerce’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.

Linking Policy

The Kansas Department of Commerce provides Links to many Web sites that are not controlled, maintained, or regulated by the State of Kansas, the Department of Commerce, or the Web site, and as such, neither the State of Kansas, the Kansas Department of Commerce, nor the Kansas Department of Commerce is responsible for the content of those Web sites. Use of information obtained from those Web sites is voluntary, and reliance on that information should be undertaken only after an independent review of its accuracy. References at those Web sites to any specific commercial product, process, or service by trade name, trademark or otherwise does not constitute or imply endorsement, recommendation or favoring by the Kansas Department of Commerce.

This Web portal contains hypertext links to external Web sites and pages containing information created and maintained by public and private organizations other than the Kansas Department of Commerce. the Kansas Department of Commerce, at its sole discretion, will determine whether the external Web site meets the purpose of this Web portal or for the specified informational purposes. The inclusion of a hypertext links to an external Web site is not intended as an endorsement of any opinion, viewpoint, product or service offered or referenced on the linked Web site, or those organizations sponsoring said Web site or any views that might be expressed or referenced in the Web site.

In the event you discover problems with or have concerns regarding the format, accuracy, timeliness or completeness of a link to an external Web site, please contact the Kansas Department of Commerce at (785) 296-3481 or kdc_marketing@ks.gov and the same will be reviewed by the Kansas Department of Commerce and may be removed. However, the Kansas Department of Commerce does not control, nor is it responsible for, any Kansas Department of Commerce external Web sites, pages or content.

Privacy Statement

The Kansas Department of Commerce is dedicated to protecting your privacy online. To learn more about privacy please follow the link on the home page to read the entire privacy policy. The policy is subject to change; therefore, it is recommended that individuals refer back to that statement which is available on the home page periodically.

Applicable Law

The Kansas Department of Commerce hereby certifies strict adherence to the Kansas Open Records Act (K.S.A. 45-215 through 45-223). Therefore, the laws of the State of Kansas will govern these disclaimers, terms and conditions, without presenting any conflicts of law. The Kansas Department of Commerce reserves the right to make changes to this Web site, the disclaimers and the terms and conditions at any time.

User Privacy

The Kansas Department of Commerce collects, retains and utilizes personal information about its users only when they volunteer that information to the Kansas Department of Commerce. The information is used to administer the Web site and to notify Participants of any information deemed necessary by the Kansas Department of Commerce. Records may contain personal information about the Kansas Department of Commerce users which may be confidential and will not be disclosed to third parties. The Kansas Department of Commerce uses a cookie to track traffic data, as well as for this Web site.

Internet Security Statement

The Kansas Department of Commerce considers the security of our Participants and citizens’ information critical. Documented steps are taken to safeguard information according to established security standards and procedures, and we continually assess the newest technology for protecting information.