Welcome to the User Agreement for Indiana BizCafé. This agreement describes the Terms and Conditions on which you may access and use our services. In order to become an Indiana BizCafé user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Indiana BizCafé Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Web site. Your continued use of the Indiana BizCafé service indicates your acceptance of the amended User Agreement.
Description of Service
Indiana BizCafé is an online service offered to enable entrepreneurs, business service providers and investors find and connect with other professionals, government funding and procurement opportunities more effectively (the "Indiana BizCafé Service").
Membership Eligibility
The Indiana BizCafé Service is not available to minors under the age of 18 or to any users suspended or removed from the system by the Indiana BizCafé for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Indiana BizCafé account to another party. If you do not qualify, you may not use the Indiana BizCafé Service.
Use of Service
Your use of the Indiana BizCafé Service is governed by this User Agreement. Service may be refused without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Termination
The Indiana BizCafé and the Indiana BizCafé Service are provided by the Indiana Economic Development Corporation, and you agree that we may, with or without cause, immediately terminate your Indiana BizCafé account and access to the Indiana BizCafé Service without prior notice. Without limiting the foregoing, the following will lead to a termination of a user's use of the Indiana BizCafé Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Indiana BizCafé account includes removal of access to all offerings within the Indiana BizCafé Service and may also bar you from further use of the Indiana BizCafé Service. Furthermore, you agree that all terminations shall be made in Indiana Economic Development Corporation's sole discretion and that the Indiana Economic Development Corporation shall not be liable to you nor any third-party for any termination of your account or access to the Indiana BizCafé Service.
User Conduct
You understand and agree not to use the Indiana BizCafé to:
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Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
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Use the Indiana BizCafé Service for any illegal purpose, including but not limited to conspiring to violate laws.
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Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
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Upload, post, e-mail, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
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Upload, post, e-mail, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
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Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
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Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
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Stalk or harass anyone.
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Indiana BizCafé Service.
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Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field.
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Interfere with or disrupt the Indiana BizCafé Service or servers or networks connected to the Indiana BizCafé Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Indiana BizCafé Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
In the course of using the Indiana BizCafé Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this Web site). You understand that by posting materials on the Indiana BizCafé Web site or otherwise providing materials to the Indiana BizCafé, you are granting to the Indiana BizCafé Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Indiana BizCafé service. Furthermore, you understand that the Indiana Economic Development Corporation retains the right to reformat, excerpt, or translate any materials submitted by you. Because Indiana Economic Development Corporation is a public entity, you understand that all information publicly posted or privately transmitted through the Indiana BizCafé Service is subject to Indiana's Access to Public Records Act and that it is, therefore, the sole responsibility of the person from which such content originated to protect, maintain, and prevent the disclosure of such information by not disclosing or transmitting such information through Indiana BizCafé's Service. You further understand that the Indiana Economic Development Corporation and the State of Indiana will not be liable for any errors or omissions in, or disclosures (voluntary or involuntary) of, any content and that such entities cannot guarantee the identity of any other users with whom you may interact in the course of using the Indiana BizCafé Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Indiana BizCafé Web site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Web site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Indiana BizCafé Communications
In the course of providing you services, Indiana BizCafé may need to communicate with you via e-mail (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Indiana BizCafé Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Indiana BizCafé Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Indiana BizCafé Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity, or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use or disclosure (whether voluntary or involuntary) of, access to, or denial of access to any content on the Web site.
Fees
Signing up for an Indiana BizCafé account is free.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless the Indiana Economic Development Corporation and the State of Indiana, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Indiana BizCafé Service; ii) unauthorized access to or alteration of your communications with or through the Indiana BizCafé Service, or iii) any other matter relating to the Indiana BizCafé Service. Any business transactions which may arise between users from their use of Indiana BizCafé are the sole responsibility of the users involved. The Indiana Economic Development Corporation and the State of Indiana shall not provide such indemnification to any user or party.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Indiana Economic Development Corporation may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with Indiana's Access to Public Records Act or legal processes, to enforce this User Agreement, or to protect the rights, property, or safety of Indiana BizCafé, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE INDIANA BIZCAFÉ SERVICE IS PROVIDED ON AN .AS IS. AND .AS AVAILABLE. BASIS AND THAT INDIANA ECONOMIC DEVELOPMENT CORPORATION DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, RETENTION, PROTECTION OR SECURITY OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. THE INDIANA ECONOMIC DEVELOPMENT CORPORATION ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, EXISTENCE, PROTECTION OR SECURITY OF ANY COMMUNICATIONS BETWEEN USERS. THE INDIANA ECONOMIC DEVELOPMENT CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INDIANA ECONOMIC DEVELOPMENT CORPORATION MAKES NO WARRANTY THAT (i) THE INDIANA BIZCAFE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE INDIANA BIZCAFE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INDIANA BIZCAFE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE INDIANA BIZCAFE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INDIANA BIZCAFE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDIANA ECONOMIC DEVELOPMENT CORPORATION OR THROUGH OR FROM THE INDIANA BIZCAFÉ SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH INDIANA LAW, NOTHWITHSTANDING ANY CHOICE OF LAW PROVISION TO THE CONTRARY.
Entire Agreement
The User Agreement constitutes the entire agreement between you and the Indiana Economic Development Corporation and governs your use of the Indiana BizCafé Service, superseding any prior agreements between you and us.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INDIANA ECONOMIC DEVELOPMENT CORPORATION AND THE STATE OF INDIANA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH INDIANA LAW, NOTHWITHSTANDING ANY CHOICE OF LAW PROVISION TO THE CONTRARY. IN NO EVENT SHALL TOTAL CUMULATIVE DAMAGES CLAIMED AGAINST THE INDIANA BIZCAFÉ, THE INDIANA ECONOMIC DEVELOPMENT CORPORATION OR THE STATE OF INDIANA EXCEED US$100.00.
Governing Law
The User Agreement between you and the Indiana BizCafé and the Indiana Economic Development Corporation will be governed by and construed in accordance with the laws of the State of Indiana without regard to conflict of laws principles.
General Information
Indiana BizCafé, the Indiana BizCafé logo, and other Indiana BizCafé logos and names are trademarks. You agree not to display or use these trademarks in any manner without the written permission of the Indiana Economic Development Corporation. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:
Indiana BizCafé Service
Indiana Economic Development Corporation
Attn: User Agreement Issues
One North Capitol
Suite 900
Indianapolis, IN 46204
