Terms and Conditions of Use

The following are the Terms and Conditions under which you may use this Website. Please read these carefully. Viewing any information on this Website evidences your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please leave this Website. Peter Kiewit Sons’, Inc. and its corporate parent, subsidiaries, and affiliated companies ("Kiewit") reserve the right to revise these Terms and Conditions at any time by posting updates or revisions. Periodically review these Terms and Conditions; they govern the content and format of the information on all Kiewit Web pages. Kiewit may also send email updates to users who have registered with our on-line store (the “Kiewit Company Store”). Kiewit will send such updates to the primary email address each registered user provides to us.

Kiewit reserves the right to deny access to any person, entity, or account that violates these Terms and Conditions.

Section 1. Trademark.

All names, trademarks, logos and service marks ("Marks") appearing in this Website, except as otherwise noted, are owned or used under license by Kiewit or its affiliates. The use or appropriation of these Marks on this Website, except as provided in these Terms and Conditions or in the Website content, is strictly prohibited. You may not use any meta tags or any other text or content (hidden or visible) that includes or references Kiewit’s name or Marks without Kiewit’s express written consent.

Section 2. Website Content.

All documents, information, data, text, photographs, graphics, video, messages or any other materials whatsoever ("Content"), except as otherwise indicated elsewhere on this Website, may be viewed, downloaded and printed under the following conditions:

1. The Content may be used solely for personal, informational, internal, non-commercial purposes. The sale or other commercial use of the Content is prohibited, as is the use of mass downloaders, download accelerators, or data mining, gathering, or extraction tools.
2. The Content may not be modified or altered in any way, including the removal of any copyright or other proprietary notices.
3. The Content on the Website may not be distributed.
4. The Content may not be used in an offensive, derogatory, or misleading manner, or in any manner that portrays an individual or entity in a false light.
5. The rights specified above to view, download and print the Content available on this Website are not applicable to the design or layout of this Website. Elements of this Website are protected and may not be copied or imitated in whole or in part.

Section 3. Website Security.

In addition to prohibitions imposed by law, You are prohibited from intentionally breaching or attempting to breach the security of the Website or Kiewit’s servers, including, without limitation, (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test for vulnerability in a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with or deny service to any user, host or network, including, without limitation, via means of submitting a virus or "trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Breaches or attempted breaches of system or network security may result in civil or criminal liability. Kiewit will investigate any such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting offenders.

Section 4. Privacy.

Please review our PRIVACY POLICY.

Section 5. Liability.

The Content in this Website may contain inaccuracies or typographical errors. Kiewit makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or its Content. Your use of the Content on the Website is at your own risk. Changes are periodically made to the Website and may be made at any time.

ALTHOUGH KIEWIT MAKES EVERY EFFORT TO ENSURE ALL CONTENT, SERVICES AND LINKS ARE ACCURATE, RELIABLE, COMPLETE AND TIMELY. THE WEBSITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES WHATSOEVER. KIEWIT, 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 A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. KIEWIT DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ANY SERVERS ON WHICH IT IS HOSTED ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.

Section 6. Waiver of Damages.

BY USING THIS WEBSITE, YOU RELEASE KIEWIT FROM ALL LIABILITY RESULTING FROM SUCH USE AND YOU AGREE THAT IN NO EVENT SHALL KIEWIT, ITS AFFILIATED COMPANIES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN, REGARDLESS OF WHETHER SUCH DAMAGE RESULTED FROM A CLAIM BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT KIEWIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 7. Links to Third Party Websites.

The Website may contain links to third party websites. Such links are provided solely as a convenience to you and not as an endorsement by Kiewit of the contents on such third party websites. Kiewit is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of the content on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

Section 8. Address.

Kiewit's headquarters mailing address is:
Kiewit Plaza
Omaha, NE 68131

Any rights not expressly granted herein are reserved by Kiewit.

Contact webmaster@kiewit.com with questions or problems.

Section 9. Kiewit Company Store.

Additional Terms and Conditions. These additional terms and conditions of use apply to your registration with, and the purchases you make from, the Kiewit Company Store. These terms and conditions supplement the terms and conditions that we described above in this statement, all of which are a part of your purchased contract should you purchase an item from us.
Persons Under 18 Years Old. Kiewit does not sell items in the Kiewit Company Store to persons under the age of 18. If you are under 18 years old and would like to have an item in our store, you should have a parent or guardian purchase the item for you.

The Kiewit Company Store requires each user to register with us before the user can purchase an item from the store. By registering, you will provide Personally Identifiable Information to us. Please view our PRIVACY POLICY for an overview of the information we collect and our use of that information. Kiewit does not knowingly collect Personally Identifiable Information from persons under the age of 18. As such, we do not allow persons under the age of 18 to register with us. Before you can purchase an item, we will ask you to verify that you are at least 18 years old. If you have previously registered, you will verify your age by signing in with your user identification and password. If you have not registered, you will be required to verify your age status when you register. By verifying that you are at least 18 years old, you understand that Kiewit will rely upon your verification and you agree that we may do so.

Warranty Disclaimer. Kiewit will attempt to accurately describe the items we offer in our store. However, we cannot guarantee that the descriptions of our items are accurate, complete, or free from errors. All items in the Kiewit Company Store are offered “AS IS” and WITHOUT ANY WARRANTY OR GUARANTEE. Kiewit has adopted the return policy described below, which is your sole remedy if you are dissatisfied with the item or the item does not perform as you expected. To the fullest extent permitted by law KIEWIT MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. Some states do not allow the disclaimer of implied warranties, thus this disclaimer may not apply to you.

Limitation of Liability. YOUR USE OF ANY ITEM YOU PURCHASE FROM US IS SOLELY WITHIN YOUR DISCRETION AND YOU ASSUME ALL RESPONSIBILITY FOR SUCH USE. IN NO EVENT SHALL KIEWIT OR ITS EMPLOYEES BE LIABLE TO YOU OR THIRD PARTIES FOR ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR PURCHASE, OR YOUR USE, OF ANY ITEM OFFERED IN THE KIEWIT COMPANY STORE. KIEWIT MAKES NO REPRESENTATION WHATSOEVER THAT ANY ITEM IS FIT FOR ANY PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN AN ITEM AS PERMITTED BY OUR RETURN POLICY STATED BELOW.

Return Policy. If, for any reason, you are not satisfied with any item you purchase from the Kiewit Company Store, you may return the item in sellable condition (unless the item is defective) for a refund within thirty (30) days after you received it. You are responsible for shipping charges for the returned item. Kiewit will not accept returned items shipped COD. Upon receipt of returned item and verification of its sellable condition, we will issue a credit to the credit card you used to purchase the item or if the return is covered under a warranty, we will replace the item should you so elect. KIEWIT WILL NOT ISSUE CASH REFUNDS.

Invoices. When you chose to purchase an item from our store, we will ask you to verify your billing and shipping information before you place an order. After you have verified your information and placed your order, we will display an invoice on your computer screen, which you may print or download to your computer. We will also email an electronic copy of the invoice to you at your primary email address. We may also send additional information about your purchase to you when we ship the item(s) you purchased.

Electronic Communications. You communicate with us electronically when you visit the Kiewit Company Store or send an email message to us. We will communicate with you by posting notices on our Website or by email to the primary email address you chose to give us. By visiting the Kiewit Company Store, you agree to conduct transactions by electronic means, and you acknowledge that all electronic agreements, notices, disclosures, and correspondence satisfy any legal requirement that the same be in writing.

Applicable Law. The Kiewit Website, the Kiewit Company Store, including all purchases made from the store and any disputes arising from a purchase, are governed by the laws of the State of Oregon, without regard to conflict of laws provisions that might impose the laws of a different jurisdiction. Any dispute that is in any way related to your visit to the Kiewit Website shall be decided in the state or federal courts located in Multnomah County, Oregon unless you and Kiewit agree otherwise.

Severability. If a court determines that any provision of these terms and conditions is void or otherwise unenforceable, the offending provision shall be stricken but shall not affect the enforceability of the remaining provisions.

Last Updated: August 6, 2002