ENTREPRENEURIAL DEVELOPMENT CENTER, INC. PRIVACY POLICY - TERMS OF USE AGREEMENT INFORMATIONAL CONTENT DISCLAIMER I. PRIVACY POLICY. A. Policy. The Entrepreneurial Development Center, Inc. (“EDC”) Privacy Policy governs EDC’s treatment of personal or personally identifiable information (“Personal Information”) that is posted upon the EDC website and/or is collected when you are utilizing the EDC website. B. Collection and Use of Personal Information. EDC may collect Personal Information when you utilize the EDC website or when you visit cookie-enabled web pages. EDC may also log your IP address when you use the EDC website. EDC may utilize this Personal Information to fulfill requests for our services or products, to contact Users regarding changes to our site or business, and to customize the content that you might see on the EDC website. EDC may also use “cookie” files for the protection and convenience of Users. C. Sharing and Disclosure of Personal Information. EDC will, without notice to you, share your Personal Information posted upon the EDC website with others, including if EDC is required to respond to court orders, subpoenas or other legal processes. EDC, however, will not sell or rent your Personal Information to any individual, business or government entity. D. Amendments. EDC reserves the right to amend this Privacy Policy at any time, without notice. II. TERMS OF USE AGREEMENT AND INFORMATIONAL CONTENT DISCLAIMER. A. Acceptance of Terms of Use Agreement. EDC provides access to its on-line services and website to each User, subject to this Terms of Use Agreement and Informational Content Disclaimer (the “Terms of Use Agreement”). EDC reserves the right to alter this Terms of Use Agreement at any time without notice to User. By using the EDC website, you agree to abide by the terms set forth in this Terms of Use Agreement. B. User Informational Content. User understands that all information, graphics, audio files, video files and text, whether publicly displayed by User on the EDC website or privately transmitted through the EDC website, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that User uploads, posts, emails or transmits using the EDC website. EDC does not and cannot control informational content Users transmit through the EDC website. Under no circumstances shall EDC be held liable for User’s exposure to informational content that User deems erroneous, offensive or objectionable. Under no circumstances shall EDC be held liable for any errors or omissions in any informational content transmitted by Users. C. User Conduct. User agrees not to use the EDC website to: 1. Upload, post or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable; 2. Harm legal minors; 3. Collect personal information on, or harass another User, or engage in conduct that negatively affects the on-line experience of another User; 4. Violate any local, state or federal law, including violations of any copyright laws; 5. Impersonate another User, person or entity, including any official or employee of EDC; 6. Upload, post or transmit any software or files that contain software viruses or other harmful computer code; 7. Interfere with the operation of EDC’s web servers or other computers or Internet or network connections; 8. Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; or 9. Upload, post or transmit any unsolicited or unauthorized advertising, including “spam” and “junk mail.” D. Modification and Removal of Content. EDC is not responsible for reviewing, monitoring or screening User content posted on the EDC website. However, EDC reserves the right, without notice, to inspect, edit and delete any items posted to the EDC website, including but not limited to items with content found to be objectionable or that violate the Terms of Use Agreement. E. License. EDC does not claim ownership of any informational content submitted by Users to the EDC website. User grants EDC a royalty-free license to use, distribute, reproduce, modify and publicly display Users Personal Information and any informational content submitted to the EDC website. F. Limits and Modifications. EDC may establish, without notice, limits on the use of its website, including the maximum number of times Users may post to or participate in the on-line communities, or the number of times Users may access the EDC website. EDC reserves the right to modify any and all portions of the EDC website without notice. Under no circumstances shall EDC be liable to User or any other party for such limits or modifications. G. Informational Content Disclaimer. 1. THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT. 2. EDC does not guarantee the accuracy, truthfulness or reliability of any information or document posted by any User. 3. EDC assumes no responsibility for any damages or losses, whatsoever, that are suffered by any User of the EDC website. H. Indemnity. User agrees to indemnify and hold EDC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through use of the EDC website, your use of the EDC website, your connection to the EDC website, your violation of the Terms of Use Agreement, or your violation of any rights of another. I. Limitation of Liability. EDC’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED, IF ANY. EDC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. J. Hyperlink Disclaimer. The EDC website contains hyperlinks to other Internet sites not under the editorial or other control of EDC. These hyperlinks are not express or implied endorsements or approvals by EDC of any products, services or information available from or posted upon these sites. K. Disclosure. EDC may, without notice, disclose informational content posted, uploaded or transmitted by a User to the EDC website to authorities or other others, in its sole discretion, if (1) such disclosure is deemed necessary or appropriate to enforce this Agreement, (2) to respond to claims of intellectual property infringement, (3) to comply with legal processes, including court orders or subpoenas, and/or (4) to protect the rights of EDC, the public or other Users. L. No Resale. User agrees not to reproduce, copy, duplicate or sell any portion of the EDC website or the content set forth in the EDC website. M. Intellectual Property Rights. User agrees not to distribute, license or create derivative works from any of EDC’s copyrighted or trademarked material, including graphic files, available on the EDC website. All text, graphics, audio files, scripts and other works on the EDC website are the copyrighted works of EDC. Any unauthorized redistribution or reproduction of any copyrighted materials on the EDC website is strictly prohibited. III. MISCELLANEOUS. A Acceptance of Terms. The use of the EDC website is governed by EDC’s Privacy Policy and Terms of Use Agreement and Informational Content Disclosure as well as other policies and agreements now or hereafter adopted or amended. By using this website, you acknowledge that you have read such disclaimers, policies and agreements and that you accept and agree to be bound by their terms and conditions, as amended. B. General. The EDC Privacy Policy and Terms of Use Agreement constitutes the entire agreement between User and EDC and governs User’s use of the EDC website. The EDC Privacy Policy and Terms of Use Agreement shall be governed by the laws of the State of Iowa. User agrees to submit to personal exclusive jurisdiction of the Court’s located within Linn County, Iowa for all matters related to the EDC website, Privacy Policy and Terms of Use Agreement. The failure of EDC to exercise or enforce any rights or provisions of this Terms of Use Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Use Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give affect to the party’s intentions as reflected in such provision, and the other provisions of the Terms of Use Agreement shall remain in full force and effect. Any claim arising under the EDC Privacy Policy or this Terms of Use Agreement must be brought within one (1) year after such claim or cause of action arose or will be forever barred. C. Violations. Please report any known or suspected violations of this Terms of Use Agreement, including any suspected copyright or trademark violations, to EDC. Please contact any EDC representative in the event that you have any questions concerning the Privacy Policy, Terms of Use Agreement or Informational Content Disclosure.
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