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<p><span class="SubHead">AGREEMENT BETWEEN USER AND Iowa Department of Public Health</span><p> |
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<p>The Iowa Department of Public Health Web Site is comprised of various Web pages operated by Iowa Department of Public Health.</p> |
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<p>The Iowa Department of Public Health Web Site is offered to you conditioned on your acceptance |
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without modification of the terms, conditions, and notices contained herein. Your |
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use of the Iowa Department of Public Health Web Site constitutes your agreement to all such terms, |
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conditions, and notices.<p> |
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<p><span class="SubHead">MODIFICATION OF THESE TERMS OF USE</span></p> |
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<p>Iowa Department of Public Health reserves the right to change the terms, conditions, and notices |
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under which the Iowa Department of Public Health Web Site is offered, including but not limited |
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to the charges associated with the use of the Iowa Department of Public Health Web Site.</p> |
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<p><span class="SubHead">LINKS TO THIRD PARTY SITES</span></p> |
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<p>The Iowa Department of Public Health Web Site may contain links to other Web Sites ("Linked Sites"). |
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The Linked Sites are not under the control of Iowa Department of Public Health and Iowa Department of Public Health |
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is not responsible for the contents of any Linked Site, including without limitation |
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any link contained in a Linked Site, or any changes or updates to a Linked Site. |
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Iowa Department of Public Health is not responsible for webcasting or any other form of transmission |
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received from any Linked Site. Iowa Department of Public Health is providing these links to you |
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only as a convenience, and the inclusion of any link does not imply endorsement |
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by Iowa Department of Public Health of the site or any association with its operators.</p> |
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<p><span class="SubHead">NO UNLAWFUL OR PROHIBITED USE</span></p> |
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<p>As a condition of your use of the Iowa Department of Public Health Web Site, you warrant to Iowa Department of Public Health |
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that you will not use the Iowa Department of Public Health Web Site for any purpose that is unlawful |
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or prohibited by these terms, conditions, and notices. You may not use the Iowa Department of Public Health |
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Web Site in any manner which could damage, disable, overburden, or impair the Iowa Department of Public Health |
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Web Site or interfere with any other party's use and enjoyment of the Iowa Department of Public Health |
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Web Site. You may not obtain or attempt to obtain any materials or information through |
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any means not intentionally made available or provided for through the Iowa Department of Public Health |
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Web Sites.</p> |
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<p><span class="SubHead">USE OF COMMUNICATION SERVICES</span></p> |
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<p>The Iowa Department of Public Health Web Site may contain bulletin board services, chat areas, |
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news groups, forums, communities, personal web pages, calendars, and/or other message |
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or communication facilities designed to enable you to communicate with the public |
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at large or with a group (collectively, "Communication Services"), you agree to |
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use the Communication Services only to post, send and receive messages and material |
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that are proper and related to the particular Communication Service. By way of example, |
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and not as a limitation, you agree that when using a Communication Service, you |
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will not:</p> |
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<ul> |
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<li>Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such |
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as rights of privacy and publicity) of others.</li> |
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<li>Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, |
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infringing, obscene, indecent or unlawful topic, name, material or information.</li> |
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<li>Upload files that contain software or other material protected by intellectual property |
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laws (or by rights of privacy of publicity) unless you own or control the rights |
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thereto or have received all necessary consents.</li> |
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<li>Upload files that contain viruses, corrupted files, or any other similar software |
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or programs that may damage the operation of another's computer.</li> |
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<li>Advertise or offer to sell or buy any goods or services for any business purpose, |
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unless such Communication Service specifically allows such messages.</li> |
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<li>Conduct or forward surveys, contests, pyramid schemes or chain letters.</li> |
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<li>Download any file posted by another user of a Communication Service that you know, |
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or reasonably should know, cannot be legally distributed in such manner.</li> |
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<li>Falsify or delete any author attributions, legal or other proper notices or proprietary |
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designations or labels of the origin or source of software or other material contained |
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in a file that is uploaded.</li> |
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<li>Restrict or inhibit any other user from using and enjoying the Communication Services.</li> |
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<li>Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.</li> |
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<li>Harvest or otherwise collect information about others, including e-mail addresses, without their consent.</li> |
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<li>Violate any applicable laws or regulations.</li> |
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</ul> |
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<p>Iowa Department of Public Health has no obligation to monitor the Communication Services. However, |
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Iowa Department of Public Health reserves the right to review materials posted to a Communication |
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Service and to remove any materials in its sole discretion. Iowa Department of Public Health |
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reserves the right to terminate your access to any or all of the Communication Services |
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at any time without notice for any reason whatsoever.</p> |
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<p>Iowa Department of Public Health reserves the right at all times to disclose any information |
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as necessary to satisfy any applicable law, regulation, legal process or governmental |
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request, or to edit, refuse to post or to remove any information or materials, in |
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whole or in part, in Iowa Department of Public Health's sole discretion.</p> |
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<p>Always use caution when giving out any personally identifying information about |
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yourself or your children in any Communication Service. Iowa Department of Public Health does |
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not control or endorse the content, messages or information found in any Communication |
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Service and, therefore, Iowa Department of Public Health specifically disclaims any liability |
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with regard to the Communication Services and any actions resulting from your participation |
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in any Communication Service. Managers and hosts are not authorized Iowa Department of Public Health |
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spokespersons, and their views do not necessarily reflect those of Iowa Department of Public Health.</p> |
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<p>Materials uploaded to a Communication Service may be subject to posted limitations |
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on usage, reproduction and/or dissemination. You are responsible for adhering to |
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such limitations if you download the materials.</p> |
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<p><span class="SubHead">MATERIALS PROVIDED TO Iowa Department of Public Health OR POSTED AT ANY Iowa Department of Public Health |
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WEB SITE</span></p> |
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<p>Iowa Department of Public Health does not claim ownership of the materials you provide to Iowa Department of Public Health |
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(including feedback and suggestions) or post, upload, input or submit to any Iowa Department of Public Health |
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Web Site or its associated services (collectively "Submissions"). However, by posting, |
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uploading, inputting, providing or submitting your Submission you are granting Iowa Department of Public Health, |
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its affiliated companies and necessary sublicensees permission to use your Submission |
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in connection with the operation of their Internet businesses including, without |
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limitation, the rights to: copy, distribute, transmit, publicly display, publicly |
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perform, reproduce, edit, translate and reformat your Submission; and to publish |
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your name in connection with your Submission.</p> |
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<p>No compensation will be paid with respect to the use of your Submission, as provided |
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herein. Iowa Department of Public Health is under no obligation to post or use any Submission |
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you may provide and may remove any Submission at any time in Iowa Department of Public Health's |
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sole discretion.</p> |
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<p>By posting, uploading, inputting, providing or submitting your Submission you warrant |
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and represent that you own or otherwise control all of the rights to your Submission |
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as described in this section including, without limitation, all the rights necessary |
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for you to provide, post, upload, input or submit the Submissions.</p> |
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<p><span class="SubHead">LIABILITY DISCLAIMER</span></p> |
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<p>THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH |
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THE Iowa Department of Public Health WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. |
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CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Iowa Department of Public Health AND/OR |
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ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Iowa Department of Public Health WEB |
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SITE AT ANY TIME. ADVICE RECEIVED VIA THE Iowa Department of Public Health WEB SITE SHOULD NOT |
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BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD |
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CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.</p> |
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<p>Iowa Department of Public Health AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, |
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RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, |
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PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Iowa Department of Public Health WEB |
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SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH |
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INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS |
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IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Iowa Department of Public Health AND/OR ITS SUPPLIERS |
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HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, |
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PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS |
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.</p> |
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<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Iowa Department of Public Health |
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AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, |
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CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES |
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FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE |
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USE OR PERFORMANCE OF THE Iowa Department of Public Health WEB SITE, WITH THE DELAY OR INABILITY |
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TO USE THE Iowa Department of Public Health WEB SITE OR RELATED SERVICES, THE PROVISION OF OR |
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FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES |
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AND RELATED GRAPHICS OBTAINED THROUGH THE Iowa Department of Public Health WEB SITE, OR OTHERWISE |
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ARISING OUT OF THE USE OF THE Iowa Department of Public Health WEB SITE, WHETHER BASED ON CONTRACT, |
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TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Iowa Department of Public Health OR |
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ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME |
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STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL |
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OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED |
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WITH ANY PORTION OF THE Iowa Department of Public Health WEB SITE, OR WITH ANY OF THESE TERMS |
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OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Iowa Department of Public Health |
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WEB SITE.</p> |
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<p>SERVICE CONTACT : webmaster@idph.iowa.gov</p> |
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<p><span class="SubHead">TERMINATION/ACCESS RESTRICTION</span></p> |
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<p>Iowa Department of Public Health reserves the right, in its sole discretion, to terminate your |
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access to the Iowa Department of Public Health Web Site and the related services or any portion |
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thereof at any time, without notice. GENERAL To the maximum extent permitted by |
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law, this agreement is governed by the laws of the State of Washington, U.S.A. and |
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you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, |
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California, U.S.A. in all disputes arising out of or relating to the use of the |
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Iowa Department of Public Health Web Site. Use of the Iowa Department of Public Health Web Site is unauthorized |
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in any jurisdiction that does not give effect to all provisions of these terms and |
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conditions, including without limitation this paragraph. You agree that no joint |
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venture, partnership, employment, or agency relationship exists between you and |
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Iowa Department of Public Health as a result of this agreement or use of the Iowa Department of Public Health |
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Web Site. Iowa Department of Public Health's performance of this agreement is subject to existing |
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laws and legal process, and nothing contained in this agreement is in derogation |
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of Iowa Department of Public Health's right to comply with governmental, court and law enforcement |
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requests or requirements relating to your use of the Iowa Department of Public Health Web Site |
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or information provided to or gathered by Iowa Department of Public Health with respect to such |
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use. If any part of this agreement is determined to be invalid or unenforceable |
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pursuant to applicable law including, but not limited to, the warranty disclaimers |
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and liability limitations set forth above, then the invalid or unenforceable provision |
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will be deemed superseded by a valid, enforceable provision that most closely matches |
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the intent of the original provision and the remainder of the agreement shall continue |
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in effect. Unless otherwise specified herein, this agreement constitutes the entire |
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agreement between the user and Iowa Department of Public Health with respect to the Iowa Department of Public Health |
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Web Site and it supersedes all prior or contemporaneous communications and proposals, |
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whether electronic, oral or written, between the user and Iowa Department of Public Health with |
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respect to the Iowa Department of Public Health Web Site. A printed version of this agreement |
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and of any notice given in electronic form shall be admissible in judicial or administrative |
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proceedings based upon or relating to this agreement to the same extent an d subject |
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to the same conditions as other business documents and records originally generated |
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and maintained in printed form. It is the express wish to the parties that this |
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agreement and all related documents be drawn up in English.</p> |
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<p><span class="SubHead">COPYRIGHT AND TRADEMARK NOTICES:</span></p> |
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<p>All contents of the Iowa Department of Public Health Web Site are: Copyright 2015 - Iowa Department of Public Health and/or |
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its suppliers. All rights reserved.</p> |
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<p><span class="SubHead">TRADEMARKS</span></p> |
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<p>The names of actual companies and products mentioned herein may be the trademarks |
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of their respective owners.</p> |
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<p>The example companies, organizations, products, people and events depicted herein |
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are fictitious. No association with any real company, organization, product, person, |
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or event is intended or should be inferred.</p> |
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<p>Any rights not expressly granted herein are reserved.</p> |
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<p><span class="SubHead">NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT</span></p> |
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<p>Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed |
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copyright infringement under United States copyright law should be sent to Service |
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Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE |
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WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright |
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Infringement.</p> |
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