TERMS OF USE AGREEMENT
As of July 6, 2007

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  1. 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.

  2. 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.

  3. 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.

  4. Registered User.
    1. 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.

    2. 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).

    3. 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.

    4. 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.

    5. 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.


  5. Signatures.
    1. 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.
    2. 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.


  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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™.

  12. 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.

  13. 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.

  14. Proper use of reQuest™. The Registered User represents and warrants that he/she will not use reQuest™ for any unethical, unlawful or unauthorized purpose.

  15. 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.

  16. 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).

  17. 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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