"Safe Harbor" Statement Regarding Forward-looking
Information or Statements
This Web site and documents within it contain forward-looking statements
that involve risks and uncertainties. Factors that could cause actual
results to differ materially from those in the forward-looking statements
are detailed from time to time in reports filed by OCS with the SEC,
including Forms 8K, 10Q and 10K, and may include the following:
- Factors affecting operations, such as: unusual
weather conditions, catastrophic weather-related damage, environmental
incidents and unusual maintenance and repairs;
- State and Federal legislative and regulatory
developments;
- The effects of present and prospective competition;
- OCS's pursuit of potential business
strategies, including acquisitions or dispositions of assets or the
development of additional power generation facilities;
- Financial or regulatory accounting principles and
policies imposed by governing bodies;
- The effects of geopolitical events, including the
threat of domestic terrorism;
- Changing market conditions and other factors
related to physical and financial energy trading activities, including
price, basis, counterparty credit risk, liquidity, volatility,
capacity, transmission, currency exchange rates, interest rates and
warranty risks; and
- Financial market conditions, including availability
and cost of capital, and OCS's ability to obtain financing on
favorable terms.
OCS has based its forward-looking statements on
management's beliefs and assumptions using information available at the
time the statements were made. OCS cautions the reader not to place
undue reliance on its forward-looking statements because the assumptions,
beliefs, expectations and projections about future events may and often do
materially differ from actual results. OCS undertakes no obligation
to update any forward-looking statement to reflect developments occurring
after the statement is made.
Use of Site Material
The contents of this Web Site, such as text, graphics, images and other
content (the "Site Material") are protected by copyright under
both United States and foreign laws. OCS authorizes You to view and
download a single copy of the Site Material for your personal use.
Unauthorized use of the Site Material violates copyright, trademark, and
other laws. You agree to retain all copyright and other proprietary
notices contained in the original Site Material on any copy You make of
such material. You may not sell or modify our Site Material or reproduce,
display, distribute, or otherwise use the Site Material in any way for any
public or commercial purpose. Use of the Site Material on any other web
site or in a networked environment is prohibited.
Trademarks
The names, marks and logos appearing included in the Site Material are,
unless otherwise noted, trademarks owned by or licensed to OCS or an
affiliated company. The use of these marks, except as provided in these
Terms and Conditions, is prohibited. From time to time, OCS makes
fair use in this Web Site of trademarks owned and used by third parties.
Any such marks are clearly noted, and OCS makes no claim to ownership
of those marks.
User Submissions
OCS welcomes Your comments on our Web Site, products, and services.
However, You acknowledge that if You send us creative suggestions, ideas,
notes, drawings, concepts, inventions or other information (collectively,
the "Information"), the Information shall be deemed, and shall
remain OCS's property. By submission of any Information to us,
excluding personal information such as your name, address, or other
information that directly identifies You and is governed by our privacy
policy, You assign to us and we shall exclusively own all now known or
hereafter existing rights to such Information of every kind and nature
throughout the universe and shall be entitled to unrestricted use of the
Information for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the information.
As a user of this Web site, You are responsible for
own Your own communications and are responsible for the consequences of
their posting. Therefore, do not do any of the following things: transmit
to us material that is copyrighted, unless You are the copyright owner or
have the permission of the copyright owner to post it; send material that
reveals trade secrets, unless You own them or have the permission of the
owner; send material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others; send
material that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or entity;
send sexually-explicit images; send advertisements or solicitations of
business; send chain letters or pyramid schemes; or impersonate another
person.
OCS reserves the right to expel users and prevent
their further access to this Web Site for violating these terms or the law
and reserves the right to remove any communications from this Site. The
violation of any of the terms and conditions set forth on this Legal Terms
and Conditions page shall result in the immediate revocation of your
license to use the Site Material and obligates You to immediately destroy
any copies of the Site Material in your possession.
Limitation of
Liability
Although OCS strives for accuracy in all elements of the Site
Material, it may contain inaccuracies or typographical errors.
Additionally, while users of this Site are bound by these terms and
conditions not to submit false material, OCS cannot be responsible
for the violation of these terms by users, or for the reliance by users
upon false or misleading material submitted by other users. OCS makes
no representations about the accuracy, reliability, completeness, or
timeliness of the material on this Web Site or about the results to be
obtained from using the Web Site. You use the Web Site and its material at
your own risk.
OCS DOES NOT
WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND
ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR
USE OF THE WEB SITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR
EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, OCS SHALL NOT BE RESPONSIBLE FOR THOSE
COSTS OR EXPENSES.
THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OCS, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH OCS STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of
Consequential Damages
IN NO EVENT SHALL OCS, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED
ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED
TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT OCS IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Links
This Web Site contains links to web sites owned by third parties. These
links are provided solely as a convenience to You and are not an
endorsement by OCS of the contents on those other sites. OCS is
not responsible for the content of any linked sites and makes no
representations regarding the content or accuracy of materials on such
sites. If You decide to visit any third-party sites using links from this
Web Site, You do so at your own risk.
Indemnity
By using this Web Site, You agree to defend, indemnify, and hold harmless
OCS, 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 OCS may become obligated
to pay arising or resulting from your use of the Site Material or your
breach of these Terms and Conditions. OCS reserves the right to
assume or participate, at your expense, in the investigation, settlement
and defense of any such action or claim.
Privacy
At OCS, your privacy is important to us. OCS does not collect
personally-identifying information about You (such as Your name, address,
telephone number, or e-mail address) unless You voluntarily submit that
information to us through one of our Contact pages, or by e-mail or
other means. We treat any personally-identifying information You submit
through this Web Site as confidential and do not sell or otherwise
disclose such information to third parties except under strict contracts
involving customer service or the enhancement of our customer programs.
When You visit our Web Site, we may automatically
collect certain non-identifying information about you, such as the type of
browser or computer operating system You use or the domain name of the Web
Site from which You linked to us. In addition, we may store some
information on your computer’s hard drive as a "cookie" or
similar type of file. We use this information internally, to help us
enhance the efficiency and usefulness of the Web Site. If You object to
this, please consult your Browser’s documentation for information on
erasing or blocking cookies.
Any information we gather, whether voluntarily
provided by You or automatically collected, may be used for our internal
business and marketing purposes but will not be sold or otherwise
disclosed to third parties for any purposes, unless You have expressly
requested information about a specific vendor or service identified on our
Web Site. In the latter case, your request will be passed along to the
vendor or service You have identified. Notwithstanding any other
statements or representations here or elsewhere on our Web Site, we
reserve our right to disclose any information in our possession if we are
required to do so by law, or we believe, in good faith, that such a
disclosure is necessary to comply with the law, defend our rights or
property, or to respond to an emergency situation.
If You are concerned about the information You have
provided to us, or would like to review, update or delete that
information, please email
us. We will make reasonable efforts to comply with your wishes.
OCS employs reasonable security measures to
protect the personal information You submit to us, once it is received.
Miscellaneous
This Web Site originates from Des Moines, Iowa. OCS does not claim
that the Site Materials on this Web Site are appropriate or may be used
outside of the United States. Access to the Site Materials may not be
legal by certain persons or in certain countries. If You access the Web
Site from outside of the United States, You do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the
substantive laws of the Commonwealth of Iowa, without respect to its
conflict of laws principles. You agree to submit to the jurisdiction of
the courts situated in the Commonwealth of Iowa with respect to any
dispute, disagreement, or cause of action related to or involving this Web
Site. If any provision is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these
Terms and Conditions shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided elsewhere in our
Web Site, these Terms and Conditions constitute the entire agreement
between You and OCS with respect to your use of this Web Site.
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