Terms of Use

These Terms of Use are entered into by and between you and Bradenton Area Economic Development Corporation (“Company,” “we,” “our,” or “us”). These terms and conditions, together with our Privacy Policy, which is expressly incorporated by reference herein (collectively, the “Terms of Use”) govern your access to and use of https://www.bradentonareaedc.com (the “Website”).

Acceptance of the Terms of Use

Please carefully read and review the Terms of Use before you begin using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or our Privacy Policy, you must immediately exit your browsing session and no longer access or otherwise use the Website. In order to use this Website, you must be at least 18 years of age. By using this Website, you represent and warrant that you are of a legal age to form a binding contract with Company and meet the foregoing eligibility requirements.

Geographic Restrictions

Company, as the owner and operator of the Website, is based in the State of Florida, which is within the United States of America. While every effort is made to comply with applicable laws, we make no claims or warranties that the Website or any of its content is accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. Should you access the Website from outside of the United States, you do so entirely at your own risk and are responsible for compliance with applicable local laws.

Revisions and Updates to these Terms of Use

We reserve the right to modify these Terms of Use from time-to-time and in our sole discretion. All changes shall become effective immediately upon posting and shall govern all access to and use of the Website thereafter, unless otherwise required by applicable law. To the extent any modification to a term hereunder concerns dispute resolution, such changes shall not apply to any disputes for which the parties have actual notice on or before the change is posted on the Website. Your continued use of the Website after we have posted the revised Terms of Use shall constitute your acceptance and agreement to the changes. It is your responsibility to routinely monitor and review these Terms of Use so that you may become aware of any changes since they are binding on you.

Availability of the Website; Functions

In our sole discretion and without notice, we reserve the right to withdraw, amend, or modify this Website and any service, function, or material contained on the Website. Under no circumstances we will be liable if the entire Website or any part thereof is unavailable at any time or for any period. As a user or visitor to the Website, you are responsible for making all arrangements necessary for you to have and maintain access to the Website and to ensure that all persons who access the Website through your internet connection have read and reviewed these Terms of Use and have agreed to comply with them.

In order to access some of the resources available on the Website, you will be asked to provide certain information. It is a condition of your use of the Website that all the information you provide to us is correct, current and complete. You hereby acknowledge and agree that all information you provide to us on or through the Website, including any functions included thereon, is governed by our Privacy Policy and except as otherwise required by applicable law, you consent to all action we take with respect to your information that are consistent with our Privacy Policy.

Intellectual Property Rights

Our Website, including its entire contents, features, functionality, which shall include, without limitation, all information, software, text, displays, images, videos, animations, audio, and the design, selection, and arrangement thereof, are owned by Company, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use grant you the limited right to use the Website for your own personal, non-commercial use only. You are strictly prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting the material on our Website, except that: (1) your computing device may temporarily store copies of such materials incidental to your online viewing of such materials, (2) you may store files automatically captured and cached by your internet web browser for display purposes, and (3) to the extent we provide social media features with certain content, you may take such actions that are permitted by such features. You are strictly prohibited from modifying copies of any materials from the Website, and deleting or altering any copyright, trademark or other proprietary rights notices from copes of materials from the Website.

You hereby acknowledge and agree that all right, title and interest in and to the Website and any content on the Website is reserved to Company and its licensors. Any printing, copying, modifying, downloading, or otherwise engaging in use of any part of the Website in breach of these Terms of Use shall result in the immediate termination of your rights to use the Website and you must, at our option, return or destroy any copies of the materials that you have made in violation of these Terms of Use. No right, title, or interest in or to the Website or any content on the Website is transferred to you. All rights not expressly granted herein are expressly reserved by Company. Any use of the Website that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark, and other laws.

Trademarks

Company’s name, logo, and all related names, logos, designs and slogans are trademarks of Company or its licensors. You are prohibited from using such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

Your use of the Website is limited to use for a lawful purpose and in accordance with these Terms of Use. You hereby acknowledge and agree that you will not use the Website: (1) to violate any applicable international, federal, state, or local law or regulation, (2) exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (3) send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use or applicable law, (4) transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or other similar solicitation, (5) impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity, (6) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website, or expose them to liability.

In addition to the foregoing, you further agree that you shall not: (1) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, (2) use any robot, spider, or other automatic device, process, script, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (3) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent, (4) use any device, software, script or routine that interferes with the proper operation and functioning of the Website, (5) introduce any viruses, Trojan horses, worms, malware, logic bombs, or other material that is malicious or technologically harmful, (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computing device, or database connected to the Website, (7) attack the Website via a denial-of-service attack, or a distributed denial-of-service attack, or by some other similar means, and (8) otherwise attempt to interfere with the proper working and operation of the Website and its functionality.

Monitoring; Enforcement; Termination

Company reserves the right to: (1) take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Website; and (2) terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

We will fully cooperate with law enforcement authorities or court orders that request or direct us to disclose the identity or other information of anyone posting materials on or through the Website. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING , OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Changes to the Website

We reserve the right to update the content and information contained on the Website from time-to-time. We make no representations or warranties that any content or information on the Website is complete or up-to-date. We are under no obligation to update any outdated content or information.

Reliance on Content and Information Posted on the Website

The content and information posted on our Website is provided for general informational purposes. Company does not warrant the accuracy, completeness, or usefulness of any such content or information. Any reliance you place on such content and information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on any content or information on the Website by you or any other visitor to the Website, or by any persons who may be informed of any of its content.

The Website contains content provided by third parties, including materials provided by other third party licensors, syndicators, aggregators, and/or reporting services. All statements expressed in these materials, and all articles and other content, other than the content provided by Company, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information Concerning You and Your Website Visits

The information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in accordance with our Privacy Policy, except as otherwise prohibited by applicable law.

Links from the Website

To the extent our Website includes hyperlinks to other third party sites and resources, these hyperlinks are provided for your convenience only. These hyperlinks include those that are contained within advertisements. We have no control over the contents of third party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Should you decide to access any of the third-party websites that are hyperlinked from this Website, you do so entirely at your own risk and subject to any terms and conditions of use applicable to such third party websites.

Disclaimer of Warranties

You hereby acknowledge and agree that Company cannot and does not guarantee or provide any warranty that files available for downloading via the internet or on the Website will be free of viruses, malware, or other destructive code. You further acknowledge and agree that you are exclusively responsible for implementing sufficient security procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTING DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT, INFORMATION, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, INFORMATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICIABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, REGARDLESS OF LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The foregoing limitation of liability does not apply to liability resulting from Company’s gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to fully defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorney’s fees and expert witness costs) arising out of or in relation to your violation of these Terms of Use or your use of the Website, including any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters that relate to the Website and these Terms of Use, including any disputes or claims arising out of or in connection therewith, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Florida without effect to any choice or conflict of law provisions or rule. Any legal action, lawsuit, or proceeding arising out of or in relation to these Terms of Use or the Website shall be instituted exclusively in the state and federal courts in and for Bradenton, Florida, USA, provided however, that Company retains the right to bring any action, lawsuit, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction by and venue in such courts.

Time to File Claims

ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE, WHICH ARISES OUT OF OR IN RELATION TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTALY AND FOREVER BARRED.

Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed to be a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision of these Terms of Use shall not constitute a waiver of such right or provision in the future. Should any provision of these Terms of Use be determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent required in order to ensure that the remaining provisions of the Terms of Use continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Bradenton Area Economic Development Corporation regarding the Website and supersede all prior and contemporaneous understandings, agreements, discussions, representations, and warranties, both written and oral, regarding the Website.

Contact Us

This Website is owned by Bradenton Area Economic Development Corporation, Lakewood Ranch at the McClure Center, 4215 Concept Court, Bradenton, Florida 34211.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].