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PRIVACY POLICY FOR OUR CLIENTS PLEASE READ THIS PRIVACY POLICY ("PRIVACY POLICY" OR "POLICY") CAREFULLY BEFORE USING ANY WEBSITE ON WHICH IT IS POSTED ("SITE(S)"). BY USING ONE OR MORE OF THESE SITES, YOU AGREE TO BE BOUND BY THIS POLICY, AS SUPPLEMENTED OR MODIFIED BY ANY "SUPPLEMENTAL PRIVACY POLICY" OR SITE-SPECIFIC PRIVACY TERMS THAT ARE POSTED ON A PARTICULAR SITE OR ARE SPECIFICALLY AGREED TO IN A SEPARATE DOCUMENT BY THE SITE OPERATOR. KPA ("Operator"), is the operator of this Website ("Site"), although software, hosting and other functions may be provided by Operator's service providers ("Service Providers"), and other companies which are affiliated with Operator ("Affiliates") or merely in a business relationship with Operator ("Business Partners"), each of which may also provide content on the Site or sell or provide goods or services on the Site or advertise or link on the Site. This Privacy Policy describes the type of information Operator and its Affiliates and Service Providers collect from visitors to the Site, what we do with that information, and how visitors can update and control the use of information provided on the Site. This Privacy Policy does not necessarily describe information collection policies on other sites, such as separate sites operated by our Business Partners that we do not control. This Privacy Policy may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these new terms or any future terms, please do not use the Site. Operator's Service Providers, Affiliates and Business Partners are intended third-party beneficiaries of this Privacy Policy. The Site is not directed to children under 13 years of age, and children under 13 years of age shall not use the Site to submit any individually identifiable information about themselves. What Type of Information Do We Collect? You are welcome to browse some portions of the Site without becoming a registered user. For some services or areas on the Site, we will ask that you register if you have not already done so and provide us with information about you and/or your company such as name, job title, email address, phone number and other types of identity and contact information which enable us to provide services and information to you. Once we provide you with a user name and password you will be able to access other parts of the Site. If you use services or tools available through the Site, we may ask you to provide further information, including but not limited to facility conditions, equipment information, other facility specific information. We may collect other personal information when you provide comments or participate in surveys. When you visit the Site, we may collect certain technical and routing information about your computer to facilitate your use of the Site. For example, we may log environmental variables, such as browser type, operating system and CPU speed, and the Internet Protocol address of your originating Internet Service Provider, to bring you the best possible service. We may also record search requests and results to ensure the accuracy and efficiency of our search engine. We may use your IP address to track your use of the Site. We may also collect information provided by "cookies" stored on your hard drive. Cookies are small data files containing a unique identifier so that we can recognize you each time you return to the Site, and which keep track of the pages you view on the Site and which services you use. This information allows us to provide more tailored and user-friendly services. We may also collect aggregate information about the use of the Site, including which pages are most frequently visited, how many visitors we receive daily, and how long visitors stay on each page. Changes in Terms Operator may change this Policy from time to time, with notice given to those completing a registration process ("Registered Users"). Your continued use of one or more of the Sites or submission of information through them after any changes constitutes your acceptance of the changes. If you do not agree to abide by these or any future provisions of the Policy, do not use the Sites and do not submit information through them. How Do We Use the Information We Collect? The information we collect from and about you and your company may be used in the following ways, among others: to fulfill requests; to provide services; to prepare documents and drawings; to provide you with information about offers or products we believe you will find useful; or to notify you of updated information, changes to the Sites, or new products and services that we think might be beneficial to you or your business. We also may combine information you have provided to us in communications offline with the information you have given us online, to, among other things, provide a more customized experience for visits to the Sites. We do provide Personal Information to government agencies as required by law or regulation. We may use demographic and Site usage information collected from visitors to, among other purposes, improve the usefulness of our Sites and to prepare aggregate, non-identifying information used in marketing, advertising, or similar activities. We may also remove customer specific information from data including names, addresses, and other company and personal information and share this data with third parties in part, whole, or as a statistical collaboration of part or all of the Site’s collective data. From time to time, some information may be purged from our systems in our sole discretion. As our services evolve, the types of information we collect may change. Please check this Privacy Policy frequently for the most current explanation of our data practices. With Whom Do We Share Information? We may provide the information we collect about you and your company, including your e-mail address or other identifying information, to our Affiliates and to third parties. We may provide aggregate statistics about visitors, facility conditions or other Site activity. We may disclose information about you or your company if we have a good faith belief that we are required to do so by law or legal process; to respond to claims; or to protect the rights, property or safety of Operator or others. How Is Your Information Protected? Access to information stored on our systems, including order forms or requests for quotes submitted through the Sites, and billing information and account status information accessible through the Sites, is controlled by firewalls and other security measures. While we strive to protect your personal or company information, we cannot guarantee or warrant the security of the information you transmit to us, and if you choose to use the Site, you do so at your own risk. Additionally, in providing your information over a public or third party network, you do so at your own risk. Please keep in mind that the information disclosed by you on the Site -- for example, information you may provide to others on bulletin boards or in chat rooms that may be available on the Site -- can be collected and used by visitors to the Site. Questions or Concerns? Please feel free to contact us if you have questions or concerns about this Privacy Policy or about Operator's collection of your information.
TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AS WELL AS ALL OTHER POLICIES DESCRIBED IN THE SITE. KPA is the operator of the Website, www.kpaonline.com, www.mykpaonline.com, www.mykpa.com, and affiliated sites (the "Site"), although software, hosting, other functions, Site content, advertisements, goods and services being offered for sale or links to other Websites may be provided by unaffiliated third-party service providers ("Service Providers") and affiliates of KPA, Service Providers and Business Partners are intended to be third party beneficiaries of these Terms of Use. The Site is not directed to children under 13 years of age. Children under 13 years of age may not use the Site to submit any individually identifiable information about them. These Terms of Use may be changed from time to time without further notice. Your continued use of the Site after any of these Terms of Use have been changed constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use the Site or download materials from it. KPA, its Affiliates, Services Providers and Business Partners may terminate, modify, remove, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. KPA, its Affiliates, Service Providers and Business Partners may remove, modify or otherwise change any content, including that of third parties, on or from the Site. KPA, its Affiliates, Service Providers and Business Partners may impose limits on certain features and services or restrict your access to parts or to the entire Site without notice or liability. KPA, its Affiliates, Service Providers and Business Partners may terminate your use of the Site in their sole discretion. 1. Proprietary Rights. Copyrights. KPA, its Affiliates, Service Providers and Business Partners reserve copyrights in all of the content of the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, and other files and their selection and arrangement (the "Content"). The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without KPA's prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory to KPA, its Affiliates or Service Providers, provided that you keep all copyright or other proprietary notices in tact and that you do not transfer any Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any other Internet, Intranet or Extranet site or to incorporate Content in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on the Site, please contact KPA for more information. Trademarks. Trademarks of KPA, its Affiliates, Service Providers and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of KPA. All page headers, customer graphics, button icons, and scripts are services marks, trademarks and or/or trade dress of KPA, its Affiliates, Service Providers or Business Partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of KPA. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the Site are the property of their respective owners. Patents. Some of KPA's products and processes and those of its Affiliates, Service Providers and Business Partners used on the Site may be covered by one or more patents and are subject to other trade secret and proprietary rights. KPA, its Affiliates, Service Providers and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes of KPA, its Affiliates, Service Providers or Business Partners. Software. Any software, including any files, images generated by the software, code and data accompanying the software (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to KPA, its Affiliates, Service Providers and Business Partners. KPA, its Affiliates, Service Providers and Business Partners retain full and complete title to all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software. 2. User Conduct - General. In using the Site, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites; (b) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; (c) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files; (d) use or attempt to use another's account, service or system without authorization from KPA or a Service Provider, or create or use a false identity on the Site; (e) transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and (g) divulge your username or password to others either on or off the Site. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations. The Site is controlled and operated in the United States. If you are in a jurisdiction that restricts you from accessing or using the Site, do not access or use the Site. KPA makes no representation that the Site is appropriate or available for use outside the United States. 3. User Conduct - Online Communities and Other Interactive Areas. The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortuous, abusive, offensive, threatening or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone. KPA and its Service Providers reserve the right, but do not have the obligation, to remove any materials they deem objectionable without any notice to you. You agree to hold harmless KPA, its Affiliates, Service Providers and Business Partners from all claims based upon communications made or materials posted by others or the use by third parties of the Site. 4. Online Communications on and Through the Site. Except as otherwise provided in our Privacy Policy you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such information to KPA, its Affiliates, Service Providers and Business Partners by any means you grant to KPA, its Affiliates, Service Providers and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use, reproduce, display, publicly perform, transmit and distribute such Information in any media for any purpose. 5. Privacy Policy. KPA's Privacy Policy, incorporated by this reference, describes the type of information KPA, its Affiliates and Service Providers collect when you visit the Site and how they use that information. Please review our Privacy Policy for more information. 6. Product and Service Information - Limitations. All content available through the Site, including but not limited to data and status reports, is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any information or service available through the Site. All information on the Site is subject to the disclaimers of Section 8 below. 7. Links and Third Party Content. Links to Other Websites. The Site may from time to time contain links to other websites or other Internet information sources ("Third Party Sources"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by KPA of, or responsibility for, third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources. Links from Other Websites. All links to the Site must be approved in writing by KPA., For a copy of the KPA Linking Agreement and/or to request permission to link to the Site, go to the link at the bottom of this page. KPA generally consents to links in which: (a) the link is a text-only link containing only the title of the home page of the Site; (b) the link "points" only to the home page of the Site and not to deeper pages, (c) the link, when activated by a user, displays the home page of the Site full-screen and not within a "frame" on the linked website, and (d) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by KPA, its Affiliates, Service Providers or Business Partners, or (ii) be such as to damage or dilute the good will associated with the name and trademarks of KPA, its Affiliates, Service Providers or Business Partners. KPA reserves the right to revoke a consent to link any time in its sole discretion. Third Party Content. The Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither KPA, nor its Affiliates, Service Providers or Business Partners shall have any liability whatsoever to you for any such third party material, data or information. 8. Disclaimers THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. KPA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. KPA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. KPA MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT NEITHER KPA, THE SERVICE PROVIDERS NOR AFFILIATES CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, KPA, THE SERVICE PROVIDERS AND AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. KPA, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES KPA, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE. KPA, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS, ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF KPA, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THEIR LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. KPA, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KPA, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL KPA OR ITS PARENT, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN KPA FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. 10. General. Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, and the federal laws of the United States of America, without giving effect to conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Colorado for any disputes arising from or related to the Site or these Terms of Use. Other. These Terms of Use are not intended to alter the terms or conditions of any other agreement you may have with KPA, its Affiliates, Service Providers or Business Partners to the extent that those agreements govern issues other than your use of the Site, nor any agreements that they may have with one another. English Language. You agree that there shall be no requirement to translate any of the Sites, or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language. Enforceability. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of the Site must be filed within one year after it arose or be permanently barred. 11. International Usage. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS SITE. KPA MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.