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Terms of Use 

These Terms of Use apply only to the ConnectIND Portal (the “Portal”). Once a user accessing the Portal (“You”), link to an external site, You are subject to the policies of the third party’s website. By accessing and using the Portal, You agree to be subject to the terms and conditions described in this Terms of Use. Please read these policies before using the Portal, and if You do not agree to these terms and conditions of use, You are not authorized to use this Portal.

 

  1. DISCLAIMER

 

While the Indiana Economic Development Corporation (the “IEDC”) strives to make the information on the Portal as timely and accurate as possible, the IEDC makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of the Portal, and expressly disclaims liability for errors and omissions in the contents of the Portal. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given with respect to the contents of the IEDC’s Portal or its links to other Internet resources.

 

Your use of this Portal is done at your own risk. The IEDC assumes no responsibility and shall not be liable for any damage or viruses that may infect your computer equipment or other property due to your access, use, or browsing of the Portal or your downloading of any materials, data, text, images, video, or audio from the Portal.

 

  1. MODIFICATON OR DISCONTINUANCE OF PORTAL

 

The IEDC reserves the right at any time to modify or discontinue, temporarily or permanently, the Portal (or any part thereof), with or without notice for any reason or no reason whatsoever. You agree that the IEDC and its authorized agents shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Portal.

 

  1. ENTIRE AGREEMENT

 

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

 

  1. USE OF THE IEDC NAME, INTELLECUTAL PROPERTY; PUBLIC RELATIONS & MARKETING

The IEDC has not granted any rights to use its name, trademark, copyright, intellectual property, or logos. You are advised that the IEDC may aggressively enforce its rights to the fullest extent of the law, which may include, without limitation, the seeking of criminal prosecution. You agree that it will not use the name or intellectual property, including, but not limited to, IEDC trademarks or logos, in any manner, including commercial advertising or as a business reference without the prior written consent of the IEDC. In all cases in which the IEDC’s participation will be referenced, the IEDC shall have the right of review and approval of the use, disclosure, and the finished product prior to its publication. All such requests shall be made in writing and delivered to the IEDC for approval at its sole discretion.

  1. IMAGES

Images of people or places displayed on the Portal are either the property of, or used with permission by, the IEDC. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by this Terms of Use. Any unauthorized use of the images may violate copyright and/or trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

  1. TRADEMARKS

The trademarks and logos displayed on the Portal are registered and common law trademarks of the IEDC and others. Nothing contained on the Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks or logos without the prior written permission of the IEDC. Use of the trademarks, logos, or any other content on the Portal, except as provided in the Terms of Use, is strictly prohibited.

  1. COPYRIGHTS

The content organization, graphics, design, compilation, and other materials on or related to the Portal are protected under applicable copyright, trademark, and other proprietary and intellectual property rights. In most cases, the content is owned by the IEDC, but also may be the property of other government agencies or private entities. The copying, redistribution, use, or publication of any such materials or any part of the Portal is strictly prohibited. You do not acquire any ownership rights to any content, document, or other materials viewed on the Portal. The posting of information or materials on the Portal does not constitute a waiver of any right in such information and materials.

  1. PROHIBITED BEHAVIOR

You are prohibited from using the Portal in any way to do any of the following:

  1. restrict or inhibit any other user from using and enjoying the Portal;
  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. use the Portal or any information or services related thereto for any unlawful purpose. The IEDC, at its sole and absolute discretion, shall determine whether any use violates this provision;
  4. sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Portal in whole or in part for any purpose without the prior written permission from the IEDC;
  5. 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;
  6. access another person's or entity's materials, information, or files without the permission of that person or entity;
  7. 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;
  8. post or transmit any information, software, or other material which contains a virus or other harmful component(s);
  9. post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
  10. post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes;
  11. solicit other users to join, become members 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;
  12. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; and

use the Portal for the unauthorized collection of personally identifying information; or perform any activities that the IEDC determines (in its sole discretion) may be harmful to the IEDC, the Portal, or other users of the Portal.

9. ADVERTISER LICENSING AND PERMITS

If You advertise services on the Portal, You agree to hold and will maintain all licenses, permits, registrations, approvals and other authority as may be required from any applicable federal, state, tribal and local governments and agencies which regulate such professions or service providers.

 

  1. MONITORING

You understand that the IEDC has no obligation to monitor the Portal. However, the IEDC 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 IEDC's sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that the IEDC reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Portal, for operational and other purposes. The IEDC reserves the right, in its sole discretion, to prohibit any individual or company from accessing and posting information on the Portal. The IEDC also reserves the right to remove any and all content it finds objectionable from the Portal. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Portal constitutes consent to such monitoring.

  1. INTERACTIONS WITH OTHERS

The IEDC has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between You and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. The IEDC does not support or endorse any professional or other third party who may communicate, advertise or otherwise offer services through the Portal.

The Portal may provide links to other websites and online resources. Links to websites outside the IEDC or to other agencies of the State of Indiana, or the use of trade, firm, or corporation names within the IEDC’s website, are solely for the convenience of the visitor to the Portal. Because the IEDC has no control over such websites and resources, You acknowledge and agree that the IEDC, including our affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such external websites or resources and the IEDC neither endorses nor is responsible or liable for, and makes no representations or warranties regarding, the identity, trustworthiness, accuracy, legality, relevance, timeliness, or completeness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Other websites may provide links to our sites with or without authorization. You acknowledge and agree that the IEDC does not endorse such websites, and is not and shall not be responsible or liable for any links from those websites to our sites, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES. The IEDC shall have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the IEDC, the State of Indiana, their affiliates and their respective commissioners, 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 that defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by You in connection with your use of the Portal; (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 Portal, including information obtained through the Portal. The IEDC does not provide indemnification.

  1. PUBLIC DISCLOSURE & ACCESS TO PUBLIC RECORDS ACT

The IEDC is required to maintain public records under the Indiana Access to Public Records Act (“APRA") for more information, see Indiana Code § 5-14-3. Electronically submitted information is maintained according to the APRA and other applicable laws. If You provide personally identifiable information to the IEDC to receive requested services, such information is handled as it would be on an in-person visit to the IEDC and is subject to the laws, regulations, practices, and procedures of the IEDC. To the extent that any information maintained by the IEDC is determined to be a public record under the laws of Indiana, such personal information may be subject to disclosure to a third party under APRA. The IEDC does not collect personal information for any purpose other than to respond to visitors’ inquiries and requests or for other purposes required by law.

  1. PROFESSIONAL ADVICE

Information received via the Portal should not be relied upon for personal, legal, or financial decisions. Visitors should consult an appropriate professional for specific advice tailored to the visitor’s individual situation.

  1. MISCELLANEOUS
    1. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles). Any cause of action by You with respect to the Portal (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 Marion County, Indiana. 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 Portal is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

  1. The IEDC'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.
  2. 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.
  3. Failure to comply with these Terms of Use may to lead to the indefinite suspension of any user at the sole discretion of the IEDC.