Standard Class Terms and Conditions

Terms of Use

Our TOU is long and boring, but it’s important that you read it carefully to understand your rights

and protections, as well as ours. We hope to be able to simplify these terms in the future.

Please contact us at director@unioncountyiowa.com if you have questions regarding this TOU.

1. Acceptance of Terms.

The services UCDA provides to you, the undersigned (including but not limited to use

of office space and access to Internet), are subject to the following Terms of Use

(“TOU”).

The UCDA reserves the right to update the TOU at any time. The UCDA will attempt to

contact you to notify you of any updates within 30 days of their enactment using the contact

information provided in the Membership Agreement.

2. Description of Services.

UCDA through The Roundhouse may provide you with access to office space, work stations,

Internet access, office equipment, conference space, knowledge resources, and other services

as the UCDA may provide from time to time (collectively, “Services”). The Services at all times

are subject to the TOU.

3. No Unlawful or Prohibited Use.

As a condition of your use of the Services, you will not use the Services for any purpose that is

unlawful or prohibited by these terms, conditions and notices. You may not use the Services in

any manner that could damage, disable, overburden, or impair any UCDA/Roundhouse server,

or the network(s) connected to any UCDA/Roundhouse server, or interfere with any other party’s

use and enjoyment of any Services. You may not attempt to gain unauthorized access to any

Services, or accounts, computer systems or networks connected to any Roundhouse server or to

any of the Services, through hacking, password mining or any other means. You may not obtain

or attempt to obtain any materials or information through any means not intentionally made

available through the Services.

You hereby represent and warrant that you have all requisite legal power and authority to enter

into and abide by the terms and conditions of this TOU and no further authorization or approval is

necessary. You further represent and warrant that your participation or use of the Services will not

conflict with or result in any breach of any license, contract, agreement or other instrument or

obligation to which you are a party.

4. Use of services.

You agree that when participating in or using the Services, you will not:

a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email,

spamming or any duplicative or unsolicited message (commercial or otherwise);

b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of

privacy and publicity) of others;

c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,

obscene, indecent or unlawful topic, name, material or information on or through The

Roundhouse Services;

d. Upload, or otherwise make available, files that contain images, photographs, software or

other material protected by intellectual property laws, including, by way of example, and not

as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own

or control the rights thereto or have received all necessary consent to do the same;

e. Use any material or information, including images or photographs, which are made available

through the Services in any manner that infringes any copyright, trademark, patent, trade

secret, or other proprietary right of any party;

f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted

files, or any other similar software or programs that may damage the operation of another’s

computer or property of another;

g. Download any file(s) that you know, or reasonably should know, cannot be legally

reproduced, displayed, performed, and/or distributed in such manner;

h. Restrict or inhibit any other user from using and enjoying the Services;

i. Violate any code of conduct of other guidelines which may be applicable for any particular

Service

j. Harvest or otherwise collect information about others, including email addresses, without the

authorization or consent of the disclosing party;

k. Violate any applicable laws or regulations; and

l. Create a false identity for the purpose of misleading others.

5. UCDA reserves the right at all times to disclose any information about you, your

participation in and use of the Services as UCDA deems necessary to satisfy any applicable

law, regulation, legal process or governmental request, or to edit, refuse to post or to remove

any information or materials, in whole or in part, in UCDA's sole discretion.

6. Confidentiality.

a. You acknowledge and agree that during your participation in and use of the Services you

may be exposed to Confidential Information. “Confidential Information” shall mean all

information, in whole or in part, that is disclosed by UCDA, or any participant or user of the

Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or

proprietary in nature.

Confidential Information also includes, without limitation, information about business, sales,

operations, know-how, trade secrets, technology, products, employees, customers,

marketing plans, financial information, services, business affairs, any knowledge gained

through examination or observation of or access to the facilities, computer systems and/or

books and records of UCDA or The Roundhouse, any analyses, compilations, studies or

other documents prepared by UCDA or otherwise derived in any manner from the

Confidential Information and any information that you are obligated to keep confidential or

know or has reason to know should be treated as confidential.

b. Your participation in and/or use of the Services obligates you to

I. maintain all Confidential Information in strict confidence;

II. not to disclose Confidential Information to any third parties;

III. not to use the Confidential Information in any way directly or indirectly detrimental to

UCDA or The Roundhouse or any participant or user of the Services.

c. All Confidential Information remains the sole and exclusive property of the UCDA or the

respective disclosing party. You acknowledge and agree that nothing in this TOU or your

participation or use of the Services will be construed as granting any rights to you, by license

or otherwise, in or to any Confidential Information or any patent, copyright or other

intellectual property or proprietary rights of UCDA, The Roundhouse, or any participant or

user of the Services.

7. Participation In or Use of Services.

You acknowledge that you are participating in or using the Services at your own free will and

decision. You acknowledge that UCDA does not have any liability with respect to your access,

participation in, use of the Services, or any loss of information resulting from such

participation or use.

8. Disclaimer of Warranties.

To the maximum extent permitted by applicable law, UCDA or The Roundhouse provides the

services “as is” and with all faults, and hereby disclaim with respect to the services all warranties

and conditions, whether express, implied or statutory, including, but not limited to, any (if any)

warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose,

lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of

negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet

possession, correspondence to description or non-infringement. The entire risk as to the quality,

or arising out of participation in or the use of the services, remains with you.

9. Exclusion of Incidental, Consequential and Certain Other Damages.

To the maximum extent permitted by applicable law, in no event shall UCDA or its subsidiaries

(whether or not wholly-owned), affiliates, divisions, and their past, present and future officers,

agents, shareholders, members, representatives, employees, successors and assigns, jointly or

individually be liable for any direct, special, incidental, indirect, punitive, consequential or other

damages whatsoever (including, but not limited to, damages for: loss of profits, loss of

confidential or other information, business interruption, personal injury, loss of privacy, failure to

meet any duty (including of good faith or of reasonable care), negligence, and any other

pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or

inability to participate in or use of the services, the provision of or failure to provide services, or

otherwise under or in connection with any provision of this agreement, even in the event of the

fault, tort (including negligence), strict liability, breach of contract or breach of warranty of UCDA

and even if UCDA has been advised of the possibility of such damages. Because some states/

jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental

damages, the above limitation may not apply to you.

10. Limitation of Liability and Remedies.

Notwithstanding any damages that you might incur for any reason whatsoever (including, without

limitation, all damages referenced above and all direct or general damages), the entire liability of

UCDA or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past,

present and future officers, agents, shareholders, members, representatives, employees,

successors and assigns under any provision of this TOU and your exclusive remedy for all of the

foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to

ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including

sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if

any remedy fails its essential purpose.

11. Termination.

UCDA reserves the right to terminate any Service at any time. UCDA further reserves the

right to terminate your participation in and use of any Services, immediately and without

notice, if you fail to comply with the TOU.

12. Indemnification.

You release, and hereby agree to indemnify, defend and save harmless UCDA and UCDA’s

subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and

future officers, agents, shareholders, members, representatives, employees, successors and

assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs,

expenses, judgments, fines and penalties based upon or arising out of your negligent actions,

errors and omissions, willful misconduct and fraud in connection with the participation in or use

of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this

agreement, you shall be liable for any attorneys’ fees and costs incurred by UCDA or its

respective officers and agents in connection with the defense of such claim or lawsuit.

14. Severability.

In the event that any provision or portion of this TOU is determined to be invalid, illegal or

unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be

unaffected thereby and shall remain in full force and effect to the fullest extent permitted by

applicable law.

15. Insurance.

UCDA shall maintain its own General Liability policy for the premises but that coverage will not apply to the User’s 

operations. UCDA will maintain coverage on the Building and Improvements and Contents owned by UCDA. This coverage does not apply to the User’s Business Personal Property.

User shall, at its expense, obtain and keep in force during the term of this agreement a policy of Combined Single Limit

 Bodily Injury and Property Damage insurance insuring User, and UCDA as an additional insured with wiaver of subrogtion, against any liability 

arising out of the use, occupancy, or maintenance of the premises. Such insurance shall be in an amount not less than

 $1,000,000.00 per occurrence. The limits of said insurance shall not, however, limit the liability of the User hereunder.

 In addition to such liability insurance policy, User shall at all times maintain in force on all of its Business Personal 

Property in the Premises, a policy of insurance covering losses or damage to User’s property.

A certificate of liability insurance shall be presented to UCDA for each User in this agreement, listing Union County 

Development Association, 301 W Montgomery St, Creston, IA 50801, as Additional Insured with waiver of subrogation.

Cobot Terms and Conditions

Cobot is the web platform used by The Roundhouse to provide this website.

See Cobot Terms

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