Terms and Conditions

MISSION ECONOMIC DEVELOPMENT AGENCY

The following Terms of Use govern your use of Mission Economic Development Agency’s (“MEDA”) website, located at http://medasf.org (together, with the related pages accessible from http://medasf.org, the “Website”) and the related services, and other features, content, or applications (collectively, the “Service”) operated by MEDA and its corporate partners (collectively, “us,” “we,” or the “Company”).

ACCEPTANCE

By visiting and/or using the Website and/or any of MEDA’s Services, you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”). We reserve the right to modify these terms or any additional terms that apply to our Services, reflect changes in the law, or changes to our Services. It is your responsibility to review the terms regularly. MEDA will post notice of modifications to these terms on this page. Changes will not apply retroactively and changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. Your continued use of the Website and/or Service after any such changes constitutes your acceptance of the new Terms of Service.

ELIGIBILITY

This Site is intended solely for users who are eighteen (18) years of age or older; you are not eligible to use the Site without consent if you are under 18 years of age. By using the services of the Site, you represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement. If you are between the ages of 13 and 17 you may use the Site with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms of Service and agrees to be responsible for your use of the Service.

WEBSITE AND SERVICE

These Terms of Service apply to all users of the MEDA Website and the Service, including users who are also contributors of user submitted content, information, and other materials or services on the Website and/or any of the MEDA Services. The MEDA Website may contain links to third party websites that are not owned or controlled by MEDA. MEDA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MEDA will not and cannot censor or edit the content of any third party site. You expressly relieve MEDA from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the MEDA Website and to read the terms and conditions and privacy policy of each website you visit.

ACCESS TO WEBSITE AND SERVICE

1. MEDA hereby grants you permission to use the Website and the Service as set forth in this Terms of Service, provided that; (i) you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes and your use of the Service is permitted solely for your personal, noncommercial use or have explicit permission to use for commercial purposes; (ii) you will not copy or distribute any part of the Website or the Service in any medium without MEDA’s prior written authorization; (iii) you will not take and or use any screenshots of MEDASF.com for any purpose without prior written authorization; (iv) you will not alter or modify any part of the Website or the Service other than as may be reasonably necessary to use the Website or the Service for its intended purpose; (v) you will otherwise comply with the terms and conditions of these Terms of Service.

2. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website. Notwithstanding the foregoing, MEDA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MEDA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the Service with respect to their User Submissions.

INTELLECTUAL PROPERTY RIGHTS

The content on the MEDA Website and the Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MEDA. subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MEDA reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third-parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MEDA Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the MEDA Website or Service or the Content therein.

PRIVACY POLICY

Personal Information that you may provide MEDA, and certain other information about you, is subject to our Privacy Policy. For more information, please see the MEDA Privacy Policy which is incorporated by this reference. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Company.

USER SUBMISSIONS

A. Parts of the MEDA Website supports the submission by you and other users of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, “User Submissions”), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MEDA does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MEDA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to MEDA, you hereby grant MEDA a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MEDA Website and MEDA’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the MEDA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MEDA Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and pursuant to these Terms of Service.
C. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MEDA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MEDA or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or harm minors in any way or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. MEDA does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and MEDA expressly disclaims any and all liability in connection with User Submissions. MEDA does not permit copyright infringing activities and infringement of intellectual property rights on its MEDA Website or the Service, and MEDA will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. MEDA reserves the right to remove Content and User Submissions without prior notice. MEDA also reserves the right to terminate a User’s access to its MEDA Website and Service, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the MEDA Website and/or the Service more than twice. MEDA also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MEDA may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. If you are a copyright owner or an agent thereof and believe that any User Submitted Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following our Copyright Infringement Notification Process.
E. You understand that when using the MEDA Website and/or the Service, you will be exposed to User Submissions from a variety of sources, and that MEDA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MEDA with respect thereto, and agree to indemnify and hold MEDA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MEDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MEDA WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MEDA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

You agree to defend, indemnify and hold harmless MEDA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the MEDA Website and Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MEDA Website.

WARRANTIES AND DISCLAIMERS

MEDA provides services with a commercially reasonable level of skill and care. However there are limitations to the services. Other that expressly outline in the terms MEDA does not make any specific promises about the services. MEDA makes no warranties such as implied warranty of merchantability, fitness for a particular purpose or otherwise.

The Materials in this site are provided “AS IS”. MEDA does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. MEDA does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

YOU SPECIFICALLY ACKNOWLEDGE THAT MEDA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to MEDA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MEDA may take such action as MEDA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

ENTIRE AGREEMENT

These terms represent the entire agreement between MEDA and its Members. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding on the parties.

ASSIGNMENT

Members may not assign or transfer any of his or her rights under this agreement, or delegate the performance of any of this or her duties hereunder.

CONTROLLING LAW

This Agreement will be governed by the laws of the State of California without giving effect to any choice of law rules or principles that may result in the application of the laws of any jurisdiction other than California.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

CONTACTING US

If there are any questions regarding these Terms you may contact us using the information below.

Mission Economic Development Agency
2301 Mission Street, Suite 301E
San Francisco, CA 94110
(415) 282-3334
http://medasf.org
privacy@medasf.org

LAST UPDATED: May 15, 2014

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