The Effective Date of these Terms of Use is February 19, 2016.
The website www.columbiaredi.com (the "Site") and the web pages thereof are owned and operated by Regional Economic Development Inc. (“REDI” or “we” or “our”), a Missouri not-for-profit corporation with its principle place of business at 500 East Walnut Street, Suite 102, Columbia, Missouri 65201. Please read the following sections carefully, as they contain the terms and provisions governing your use (the “Terms of Use”) of the Site. Additionally, you should review our Privacy Policy. Inquiries or concerns regarding these Terms of Use or the Privacy Policy may be sent via e-mail to REDI@CoMo.gov.
PLEASE READ THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE SITE.
The Terms of Use and Privacy Policy constitute a legally binding agreement (the “Agreement”) between you (“you” or “your” or “User”) and REDI. REDI has the right to modify this Agreement at any time. Changes to the Agreement may be posted on the Site, without other written, verbal, or electronic communication. Every time the User uses the Site, the User is agreeing to the then-current Agreement. The current version of the Agreement shall supersede all previous versions.
Subject to these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable license to use the Site for your personal use. Your right to use the Site is limited by the terms set forth in these Terms of Use.
Except for this license granted to you, we retain all right, title and interest in and to the Site, including all related intellectual property rights.
The Site and all materials available on it are the property of REDI, its licensors, or its users and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of REDI’s, our licensors’, or other users’ intellectual property rights, including but not limited to (a) reproducing, modifying, translating, enhancing, decompiling, disassembling, reverse engineering, or creating derivative works based on content on the Site; and (b) circumventing or disabling any security or technological features or measures of the Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our copyright agent at REDI@CoMo.gov and provide, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work exists; (iii) identification of the URL or other specific location on the Site where the allegedly infringing material is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The following activities are expressly prohibited from the Site:
REDI does not claim ownership of the materials or ideas that you provide to REDI (including feedback and suggestions) or post, upload, input or submit to REDI through your use of the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting REDI, its affiliated companies and necessary sublicensees an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submissions for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose; to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid to you with respect to REDI’s use of your Submission. REDI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license above.
REDI may suspend, cancel or terminate the User’s right to access or use any part of the Site, or refuse to post or remove a post, at our sole discretion at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s access/account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.
Any links to other websites not owned or operated by REDI are provided solely as a convenience for the User. REDI’s listing of any third party does not create a partnership or affiliation with the third party. REDI’s listing of any third parties does not constitute sponsorship or endorsement of these third parties. The User shall make a competent consumer decision before purchasing goods or employing the services of any linked or listed third party. User hereby assumes all risk associated with obtaining goods or services from any third party.
As a condition of your use of the Site, you warrant to REDI that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
The Parties shall first attempt to resolve, through good faith negotiation, any dispute regarding this Agreement. Failing that, the parties may select a Mediator to assist them in resolving conflicts at a location mutually agreeable to the parties. Fees directly related to the selected Mediator shall be divided equally between the parties. If the conflicts still cannot be resolved, any dispute regarding this Agreement or for any damages associated with its breach, shall be decided by binding arbitration before a single arbitrator and administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect. Any decision of the arbitrator shall be final and binding and may be enforced by any judicial court having jurisdiction over the parties. The place of arbitration shall be a neutral site agreed upon by the parties. If the parties cannot agree upon a site, the place of arbitration shall be Boone County, Missouri, U.S.A.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
REDI and you agree that REDI and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under this Agreement in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. REDI and you further agree that REDI and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this Agreement or in connection with the Site.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in Boone County, Missouri, or the nearest federal jurisdiction as applicable.
When using the Site, on the Site, or when using any other media provided by REDI you must obey all applicable federal, state and local laws. The Site is operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REDI AND/OR ITS LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
REDI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. REDI AND/OR ITS LICENSORS OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL REDI AND/OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REDI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
REDI’S LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO REDI FOR ANY PRODUCTS OR SERVICES FOR THE MONTH DURING WHICH SUCH CLAIM ALLEGEDLY AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN FULL FORCE.
You agree to indemnify REDI and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include, but are not limited to, unauthorized use of material obtained through the Site or breach of this Agreement.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Missouri, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Boone County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the Site, unless a different jurisdiction and venue is dictated by this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and REDI as a result of this Agreement or use of the Site.
REDI’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of REDI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by REDI with respect to such use.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and REDI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and REDI with respect to the Site.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.
