The following Terms and Conditions (“Terms”) constitute a legal agreement between you and The Economic Development Corporation, and they apply to your use and access to the services, software, and websites (“Site”) provided by The Economic Development Corporation and any of our affiliates (“we,” “us”, or “our”).
By using this Site, you’re acknowledging that you have read and understood these Terms, as well as those included in our Privacy Policy, and that you agree to be bound by these Terms. Note that if you do not agree with the terms contained in our Privacy Policy or these Terms, you should not use our Site.
The information and materials on this website are provided for general informational purposes only and not for the purpose of providing legal advice or giving a legal opinion on any specific facts or circumstances. We reserve the right to change these Terms and the Site at any time, in our sole discretion, including to comply with any changes in the law.
We’re not attorneys, accountants, or fiduciaries. We provide information. We are not a law firm or an attorney and do not provide legal advice. As we are not attorneys, there is no attorney-client relationship between us and none of the communications between us are protected as attorney-client communications. Use of our Site as an information provider shall NOT create any fiduciary duty or obligations, either implied or express, by any of our agents, affiliates, or employees.
DISCLOSURE NOTICE REGARDING YOUR PRIVACY.
We are committed to protecting our users’ privacy. We maintain your privacy in accordance with our Privacy Policy and applicable laws. Please review our Privacy Policy for more information.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.
We own all right, title and interest, in and to all Intellectual Property Rights (as defined below) in the Site, and these Terms do not grant you any rights to our Intellectual Property or Intellectual Property Rights. For purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, service mark rights, goodwill, trade secret rights, and any other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or other jurisdiction.
ACCEPTABLE USE OF OUR WEBSITE AND SERVICES.
In using our Site, you may not, nor may you permit any third party, directly or indirectly, to:
access or monitor any material or information on any of our systems, using any manual process or robot, spider, crawler, scraper, or other automated means;
except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on our Site, work around, bypass or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble, or otherwise reverse engineer the Site;
perform or attempt to perform any actions that would interfere with the proper working of the Site, or prevent access to or use of the Site by our other customers;
copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute in any way material, information or Site data from us;
transfer any rights granted to you under these Terms;
use the Site except as expressly allowed under these Terms.
LINKS TO THIRD PARTY SITES.
If you decide to access or use any third-party websites that may be linked to this website, you do this entirely at your own risk. We do not guarantee that linked sites are under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site.
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OF OUR SITE IS PROVIDED “AS-IS” WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR INFORMATION ARE ACCURATE, RELIABLE, CORRECT, OR FIT FOR A GENERAL PURPOSE; THAT THE SITE OR INFORMATION WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR INFORMATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE AND LINKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE WEBSITE, OR THE INFORMATION CONTAINED THEREIN.
APPLICABLE LAWS.
We control this website from our offices in the United States of America. We make no representation that information and materials on this website are appropriate or available for use in other locations, and access to them from states or territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The validity, interpretation, and performance of these Terms and the information on our website, and any claim relating to the Terms and information shall be governed by the substantive laws of the State of Wyoming, without reference to choice of laws provisions.
You agree to protect, defend, indemnify, and hold us and our parent, subsidiaries, shareholders, members, officers, directors, managers, employees, agents, and representatives (together, “Indemnified Parties”) harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses (including attorneys’ fees and all related costs and expenses for litigation and/or arbitration) suffered or incurred by the Indemnified Parties, including, without limitation, any claim arising from:
Any actual or alleged breach of your obligations under these Terms or our Privacy Policy;
Your wrongful or improper use of the Site;
Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights;
Your violation of any law, rule, or regulation of the United States, and state therein, or any other country;
Any claims or action brought against the Indemnified Parties relating to your failure to maintain updated information on any of the Indemnified Parties’ websites.
You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages us or our Site in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party.
MODIFICATIONS.
We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Site or information on our website after the revisions come into effect, you agree to be bound by the revised Terms.
These Terms and the terms of our Privacy Policy constitute the entire agreement between you and us with respect to our Site. These Terms supersede and replace any other prior or contemporaneous agreements, or terms and conditions that may be applicable. These Terms create no third party beneficiary rights.
WAIVER, SEVERABILITY & ASSIGNMENT.
Our failure to enforce a provision of these Terms is not a waiver of our right to do so at a later date. If a provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect. You may not assign your rights and obligations under these Terms. We may assign our rights or obligations to any successor in interest of any business associated with the Site to the extent approved by law.
FORCE MAJEURE.
We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of its Site or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott, or other similar event that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Site and shall have no liability for, or as a result of, any such termination.
ARBITRATION AND LIMITATION OF TIME TO INITIATE A DISPUTE.
By utilizing this Site, you understand and agree to submit any disputes between us to binding arbitration in Wyoming. You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues.
In most cases, we can resolve concerns by phone at (307)620-7385 or by email at help@howtostartabusiness.org. In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”).
JAMS will administer any such arbitration under its Comprehensive Arbitration Rules. If the amount of the claims and counterclaims are less than Two Hundred and Fifty Thousand Dollars ($250,000.00), then the JAMS Streamlined Arbitration Rules and Procedures will be used.
You agree that any arbitration pursuant to these Terms will be on an individual basis, and that you will not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. You further agree that class arbitrations, class actions, and consolidation with other arbitrations will not be allowed. All disputes and claims between us will be heard by a single arbitrator.