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Terms and Conditions

Legal Terms and Conditions

This page states the Terms and Conditions under which you, the Web Site visitor ("You") may use this Web Site, which is owned by Outdoor Cooking Systems, Inc. ("OCS"). Please read this page carefully. By using this Web Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web Site. OCS may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.

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  "Safe Harbor" Statement
Use of Site Material
Trademarks
User Submissions
Limitation of Liability
Disclaimer of Consequential Damages
Links
Indemnity
Privacy
Miscellaneous

"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.