- reQuest™. Thank you for choosing to use reQuest™. The Iowa Department of
                            Economic Development (IDED) provides electronic online services through reQuest™
                            to businesses and communities without charge for the purpose of communicating and
                            exchanging information in an electronic environment. It is intended to make filing
                            documents with IDED accessible, convenient and business friendly.
                            
 
                             
                         
                        - Terms of Use. As you will find on other Web sites, this Web site has rules
                            that apply to your use of reQuest™. Those rules, referred to as "terms of use,"
                            are set forth in this Terms of Use Agreement (“Agreement”). By using reQuest™, you
                            are agreeing to comply with, and be bound by, the following terms of use.Please read
                                these terms and conditions carefully. This Terms of Use Agreement states
                            the terms and conditions that govern and control use of the electronic online services
                            provided by IDED through reQuest™. The use of reQuest™ is voluntary and governed
                            and controlled by these Terms of Use. If you do not accept all of these Terms of
                            Use in their entirety, then do not use these Services.
                            
 
                             
                         
                        - Modifications to Terms of Use. These Terms of Use are subject to
                            change. Any future modifications or enhancements to these Services shall be governed
                            and controlled by these Terms of Use. Any changes will be incorporated into the
                            Terms of Use and posted to this Web site from time to time. When you use or access,
                            or permit any other person(s) or entity to access reQuest, ™you agree to the terms
                            and conditions of this Agreement.
                            
 
                             
                         
                        - Registered User.
                            
                                - Registered User. A Registered User means an individual or entity whose
                                    login and password is used to electronically view and file documents. The Registered
                                    User is solely responsible for his/her use of reQuest™ and for any person or entity
                                    the Registered User permits to use reQuest™ on his/her behalf. If a Registered User’s
                                    e-mail address, mailing address, or telephone number changes, the Registered User
                                    must promptly make the necessary changes to the Registered User’s information on
                                    file with IDED. The Registered User may update his/her contact information on IDED’s
                                    website at www.iowalifechaging.com or call the Help desk.
                                    
 
                                     
                                 
                                - Login and password required. To become a Registered User, an individual
                                    or entity must obtain a login and password from IDED to access reQuest. ™A login
                                    and password are required to electronically file documents with IDED (for example,
                                    to file a Project Review Form, a Financial Assistance Application or an Annual Project
                                    Status Report).
                                    
 
                                     
                                 
                                - Registered User responsible for login and password. A Registered User
                                    is responsible for all documents and attachments filed with the Registered Users
                                    login and password. A Registered User shall not knowingly cause or permit his/her
                                    login or password to be used by anyone other than the Registered User or a person
                                    authorized by the Registered User. All electronic filings and viewings of electronic
                                    files made by use of a login or password shall be deemed to be made with the authorization
                                    of the person registered to use the login and password unless and until proven by
                                    clear and convincing evidence to the contrary.
                                    
 
                                     
                                 
                                - Changing passwords. Once registered, a Registered User may change
                                    his/her password.. If the Registered User believes the security of an existing password
                                    has been compromised, the Registered User must change the password immediately.
                                    IDED may require password changes periodically.
                                    
 
                                     
                                 
                                - Lost, misappropriated or misused logins or passwords. If a login or
                                    password is lost, misappropriated, misused or compromised in any way, the person
                                    registered to use that login or password must promptly notify IDED. The Registered
                                    User should notify IDED through its website at www.iowalifechaging.com or call the
                                    Help desk. For system security reasons, a Registered User’s access to reQuest™ may
                                    be immediately suspended.
 
                             
                             
                             
                         
                        - Signatures.
                            
                                - Registered User’s electronic signature. A Registered User’s login
                                    name and password required for submission of documents to IDED through reQuest™
                                    serves as the Registered User’s signature on all electronic documents filed with
                                    IDED. “Electronic signature” means an electronic symbol or process attached to it
                                    or logically associated with a document and executed or adopted by a person with
                                    the intent to sign the document.
 
                                 
                                - Multiple signatures. The following procedure applies to a document
                                    containing two or more signatures:(i)By filing the document the Registered User
                                    confirms that the content of the document is acceptable to all persons signing the
                                    document and all such persons consent to having their signatures appear on the document.
                                    (ii)After filing the document, the Registered User must scan the original document,
                                    with all the signatures, and electronically file the document in pdf format. 
 
                             
                             
                             
                         
                        - Electronic filing. The electronic transmission of a document to
                            IDED through reQuest™ consistent with this Agreement along with a notice of electronic
                            filing constitutes filing a document. Each electronically filed document will receive
                            an electronic file stamp consistent with the notice of electronic filing. The file
                            stamp will merge with the electronic document and be visible when the document is
                            printed and viewed online. Electronic documents are not officially filed without
                            the electronic filing stamp.
                            
 
                             
                         
                        - Right to Change reQuest™. IDED may discontinue, edit, delete or
                            change any aspect of reQuest™, including, but not limited to: (i) restricting availability
                            times, (ii) restricting compatibility with certain computer software or hardware,
                            (iii) restricting amounts of use permitted, and (iv) restricting, suspending or
                            terminating any Registered User's right to use reQUES™T, at IDED’s sole discretion
                            and without prior notice or liability.
                            
 
                             
                         
                        - Trademark and Copyright Notices. All contents of the service are
                            Copyright © 2007 Iowa Department of Economic Development, 200 East Grand Avenue,
                            Des Moines, Iowa U.S.A. All rights reserved. reQuest™ and other names used by IDED
                            for products or services are trademarks owned by IDED. The content organization,
                            graphics, design, compilation and other materials on or related to reQuest™ are
                            protected under applicable copyright, trademark and other proprietary and intellectual
                            property rights. The copying, redistribution, use or publication by you of any such
                            materials or any part of reQuest™ is strictly prohibited. Registered Users do not
                            acquire ownership rights to any content, document or other materials viewed through
                            this Web site.
                            
 
                             
                         
                        - Limited Right to Use. Except as may otherwise be allowed by law
                            (including but not limited to the Iowa Open Records Act), the viewing, printing
                            or downloading of any content, graphic, form or document from reQuest™ grants you
                            only a limited, nonexclusive license for use solely by you for your own personal
                            use, and not for republication, distribution, assignment, sublicense, sale, preparation
                            of derivative works or other use. No part of any content, graphic, form or document
                            may be reproduced in any form or incorporated into any information retrieval system,
                            electronic or mechanical, other than for your personal use (not for resale or redistribution).
                            You must keep intact all copyright and other proprietary notices. IDED may revoke
                            this license at any time.
                            
 
                             
                         
                        - Performance. IDED does not guarantee the performance or the availability
                            of reQuest ™ either at a particular time or for a particular purpose. IDED does
                            not guarantee, represent or warrant that reQuest™ will be error-free, free of any
                            viruses or other harmful components, or that any errors or defects in reQuest™ will
                            be corrected. IDED reserves the right in its exclusive discretion at any time without
                            notice to amend, limit, modify, suspend or terminate the Service.
                            
 
                             
                         
                        - WARRANTIES. REQUEST™ IS PROVIDED ON AN "AS IS" BASIS. IDED EXPRESSLY
                            DISCLAIMS ANY AND ALL WARRANTIES INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY
                            AND THE WARRANTY FOR A PARTICULAR PURPOSE. IDED DISCLAIMS ALL RESPONSIBILITY FOR
                            ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND WHATSOEVER EITHER RESULTING
                            FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF REQUEST™.
                            
 
                             
                         
                        - LIMITATION OF LIABILITY. IDED SHALL NOT BE LIABLE FOR ANY LOSS,
                            INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM OR ARISING
                            OUT OF OR IN ANY WAY RELATED TO THE USE OF REQUEST™. IDED SHALL NOT BE LIABLE FOR
                            ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF
                            ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) EITHER RESULTING
                            FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF REQUEST™ REGARDLESS OF
                            THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF IDED HAS BEEN EITHER
                            ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IDED WILL NOT BE LIABLE
                            FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS
                            CODE OR OTHER DEFECT IN REQUEST™, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEB SITE
                            AND FILES AND THE REGISTERED USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. IDED
                            WILL ALSO NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE REGISTERED USER
                            DUE TO CAUSES BEYOND IDED’S CONTROL.
                            
 
                             
                         
                        - INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
                            IDED, ITS 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
                            YOUR USE OF REQUEST™. IDED RESERVES THE RIGHT TO PARTICIPATE IN AND CONTROL ITS
                            DEFENSE AND RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR THE COSTS, EXPENSES
                            AND FEES OF ITS DEFENSE FROM THE REGISTERED USER.
                            
 
                             
                         
                        - Proper use of reQuest™. The Registered User represents and warrants
                            that he/she will not use reQuest™ for any unethical, unlawful or unauthorized purpose.
 
                             
                         
                        - Investigation. IDED reserves the right in its exclusive discretion
                            to investigate complaints or reports of any violation of these Terms of Use and
                            to take any action it deems appropriate in response thereto including without limitation
                            the restriction, suspension or termination of the use of reQuest™ by the Registered
                            User and the reporting of such violation to law enforcement or regulatory officials.
                            IDED further reserves the right to provide such officials with any information it
                            has collected in the course of its investigation including without limitation individual
                            profiles, electronic mail addresses, usage histories, posted materials and Internet
                            Protocol addresses.
                            
 
                             
                         
                        - Governing Law. This Agreement shall be treated as though it were
                            executed and performed in Des Moines, Iowa and shall be governed by and construed
                            in accordance with the laws of the State of Iowa (without regard to conflict of
                            law principles).
                            
 
                             
                         
                        - Miscellaneous: Should any part of this Agreement be held invalid
                            or unenforceable, that portion shall be construed consistent with the applicable
                            law and the remaining portions shall remain in full force and effect. To the extent
                            that anything in or associated with reQuest™ is in conflict or inconsistent with
                            this Agreement, this Agreement shall take precedence. IDED’s delay or failure to
                            enforce any provision of this Agreement shall not be deemed a waiver of such provision
                            nor of the right to enforce such provision. No waiver by either party of any breach
                            or default hereunder shall be deemed a waiver of any subsequent breach or default.
                            The titles and subtitles used in this Agreement are used for convenience only and
                            are not to be considered in construing or interpreting this Agreement. These Terms
                            of Use are the only understanding and agreement that we have regarding your use
                            of reQuest™. It supersedes all other communications, understandings or agreements
                            we may have had prior to this Agreement.
 
                             
                            Any rights not expressly granted herein are reserved.  
                     
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