Terms of Use



These Terms of Use apply only to the IEDC’s website.  Once you link to an external site, you are subject to the policies of the third party’s website.  By accessing and using the IEDC’s website, you agree to be subject to the terms and conditions described in this Terms of Use.  Please read these policies before using the website, and if you do not agree to these terms and conditions of use, please do not use the website.

 

 

Disclaimers

 

While the IEDC strives to make the information on the website 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 website, and expressly disclaims liability for errors and omissions in the contents of the Website.  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 website or its links to other Internet resources.

 

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

 

Indemnification

 

As a visitor to the website, 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 attorneys 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 IEDC’s website; (c) any violation by you of this Terms of Use; and (d) any claims brought by other persons or entities arising from or related to your use of the website, including information obtained through the website.  The IEDC does not provide indemnification.  

 

 

Professional Advice

 

Information received via the website 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.

 

Use of the Website

 

Please feel free to browse the Website.  You agree that you will not use the website or any information or services contained in or related to the Website for any unlawful purpose.  The IEDC, at its sole and absolute discretion, shall determine whether any use violates this provision.

You may print or download material displayed on the website for non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials.  You may not sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the website in whole or in part for any purpose without the prior written permission from the IEDC.

 

Links to Other Websites

 

These policies apply only to the IEDC Website, so if you link to a website maintained by someone other than the IEDC, you would be subject to their policies. The IEDC is not be responsible or liable for any material contained on third party servers or for the accuracy or legality of any information contained on websites of third parties.

 

The information posted on the IEDC Website may include hypertext links to information created and maintained by other public and/or private organizations.  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 website.  Such use does not constitute an official endorsement or approval by the IEDC of any private sector website, product, or service.   Hypertext links to external websites may be removed or replaced at the sole discretion of the IEDC at any time and without notice.

 

When you select a link to an outside website, you are subject to the privacy, copyright, security, and information quality policies of that website.  The IEDC is not responsible for transmissions users receive from linked websites.  Your dealings with any third parties mentioned on or found through the Website are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings.  You agree that use of third party websites is at your sole risk and is without warranties of any kind by the IEDC, expressed or implied, including warranties of title, fitness for a particular purpose, merchantability or non-infringement.  Under no circumstances is the IEDC liable for any damages arising from transactions between you and third parties or for any information appearing on third party websites or any other site linked to the Website.  In the event you discover problems with or have concerns regarding the format, accuracy, timeliness or completeness of a linked external website, please contact the organization responsible for the linked external website. The IEDC does not control or guarantee the accuracy, legality, relevance, timeliness, or completeness of information on, nor is it responsible for, any linked external websites, pages, or content.  The IEDC cannot authorize the use of any copyrighted or otherwise protected materials contained in linked websites.

 

If a third party website links to the IEDC, it does not indicate that the IEDC has any responsibility for the content of that website, nor does it constitute an endorsement of that website by the IEDC.

 

Intellectual Property

 

The IEDC reserves its rights in all intellectual property contained in the Website.  Visitors are advised that the IEDC may aggressively enforce its intellectual property rights to the fullest extent of the law, which may include, without limitation, the seeking of criminal prosecution.

           

Images:

Images of people or places displayed on the website are either the property of, or used with permission by, the IEDC.  The use of these images by Visitors to the website, or anyone else authorized by the Visitor, 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.

 

Trademarks:

The trademarks and logos displayed on the Website are registered and common law trademarks of the IEDC and others.  Nothing contained on the website 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 whe Website, except as provided in the Terms of Use, is strictly prohibited.

 

Copyrights:  The content organization, graphics, design, compilation, and other materials on or related to the Website 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 Website is strictly prohibited.  The visitor does not acquire any ownership rights to any content, document, or other materials viewed on the Website.  The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

 

 

Public Disclosure & Access to Public Records Act

 

The IEDC is required to maintain public records under the Indiana Access to Public Records Act.  Electronically submitted information is maintained according to the Indiana Access to Public Records Act and other applicable laws.  When 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 the State’s Access to Public Records Act (for more information, seeIndiana Code § 5-14-3, available at http://www.in.gov/legislative/ic/code/title5/ar14/ch3.html).  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.

Modification or Discontinuance of website

 

The IEDC reserves the right at any time to modify or discontinue, temporarily or permanently, the website (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 website.

 

Submissions

 

The IEDC is pleased to hear from users and welcomes your comments regarding the IEDC’s programs and services.  If you submit any original creative ideas, suggestions, notes, concepts, or materials to the IEDC (“Submissions”), they shall be deemed, and shall remain, the property of the IEDC, and shall otherwise be subject to the provisions of the Intellectual Propertysection above.  None of the Submissions shall be subject to any obligation of confidence on the part of the IEDC, and the IEDC shall not be liable for any use or disclosure of any Submissions.  Without limitation of the foregoing, the IEDC shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

 

Miscellaneous

 

The IEDC may post certain additional terms or conditions in close proximity to a particular portion or page of the Website, which shall also apply to the user’s use of that portion of the Website.  The IEDC may amend this Terms of Use Agreement at any time, from time to time, without specific notice to the user.  The latest Terms of Use will be posted on the Website, and the user should periodically check this Terms of Use for any changes.  The user’s continued use of the Website shall be deemed the user’s acceptance of any such changes.

 

Any dispute regarding the use of the IEDC’s website and its privacy and use policies shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles).  All legal proceedings arising out of or in connection with this Terms of Use shall be brought solely in state or federal court located in Marion County, Indiana.  The user expressly submits to the exclusive jurisdiction and venue of said courts and consents to extra-territorial service of process. 

 

Should any part of these Terms of Use be held invalid or unenforceable by a court, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. 

 

 

Prohibited Behavior

 

Users are prohibited from:

  • Posting or transmitting 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;
  • Posting or transmitting comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, or rude or deliberately offensive comments;
  • Engaging in disruptive practices online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or using viruses, bots, worms, or Trojan horses;
  • Accessing another person’s or entity’s materials, information, or files without the permission of that person or entity;
  • Posting or transmitting 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;
  • Posting or transmitting any information, software, or other material which contains a virus or other harmful component(s);
  • Posting or transmitting content that encourage or provides instructional activities about illegal activities, such as hacking;
  • Posting, transmitting, or in any way exploiting any information, software, or other material for advertising or commercial purposes;
  • Soliciting other users to join, become members of, or contribute money to any online service or other organization, advocate, or attempt to get others to join in legal or illegal schemes to plan or participate in scams involving other users;
  • Impersonating any person or entity or falsely stating or otherwise misrepresenting your professional or other affiliation with any person or entity; and
  • Collecting personally identifying information about users, or performing any activities that the IEDC, in its sole discretion, determines may be harmful to the IEDC, the IEDC’s Websites, or other uses of the IEDC’s Websites.