Terms of Use
Please read these Terms and Conditions of Use carefully before using this site. By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of Use, do not use this site.
LobbyAssist, Inc. (“LobbyAssist, " or "StateSurge") owns and operates the StateSurge website. LobbyAssist may revise and update these Terms and Conditions at any time. Your continued usage of the StateSurge website (“StateSurge Site," or the “Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE LEGAL ADVICE
The contents of the StateSurge Site, such as text, graphics, images, information obtained from StateSurge’s licenses, and other material contained on the StateSurge Site (“Content") are for informational purposes only. The Content is not intended to be a substitute for professional legal or financial advice. Always seek the advice of your attorney or other qualified professional with any questions you may have regarding any legal and/or financial actions. Never disregard professional legal advice or delay in seeking it because of something you have read on the StateSurge Site.
For any legal advice contact your attorney immediately. StateSurge does not recommend or endorse any specific attorney, legal groups, products, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by StateSurge, StateSurge employees, others appearing on the Site at the invitation of StateSurge, or other visitors to the Site is solely at your own risk.
Top USE OF CONTENT
With the exception of Legislative Reports, StateSurge authorizes you to view or download the material on the StateSurge Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 2004 – 2007, StateSurge LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the StateSurge Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Legislative Reports which can be created by registered users of StateSurge are the property of the users and can be distributed freely for any personal or commercial purposes.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with StateSurge or its licensees. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of LobbyAssist. All rights not expressly granted herein are reserved to StateSurge and its licensees.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Top LIABILITY OF StateSurge AND ITS LICENSEES
The use of the StateSurge Site and the Content is at your own risk.
When using the StateSurge Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of StateSurge and its suppliers. Accordingly, StateSurge assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the StateSurge Site.
The LobbyAssist Site and the content are provided on an “as is" basis. STATESURGE, ITS LICENSEES, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, StateSurge, its licensees, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the StateSurge Site or StateSurge.
- The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any software tools with regard to the Content contained on the StateSurge Site.
In no event shall StateSurge, its licensees, its suppliers, or any third parties mentioned on the StateSurge Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the StateSurge Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not StateSurge its licensees, its suppliers, or any third parties mentioned on the StateSurge Site are advised of the possibility of such damages. StateSurge, its licensees, its suppliers, or any third parties mentioned on the StateSurge Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Top USER SUBMISSIONS
The personal information you submit to StateSurge is governed by the StateSurge Privacy Policy. To the extent there is an inconsistency between this Agreement and the StateSurge Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to Public Areas that infringe or violate any rights of any party. By submitting communications or content to Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to StateSurge by e-mail, (including through the e-mail addresses listed on the “Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to LobbyAssist by e-mail, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to StateSurge by e-mail, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – StateSurge a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. StateSurge may sub-license its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to a Public Area or to StateSurge by e-mail. We try to answer every e-mail in a timely manner, but are not always able to do so.
Top PASSWORDS
StateSurge has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your StateSurge passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your StateSurge account and password; (3) promptly inform StateSurge of any need to deactivate a password. You grant StateSurge and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. StateSurge cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information.
Top ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
StateSurge may provide links to third-party web sites. StateSurge also may select certain sites as priority responses to search terms you enter and StateSurge may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. StateSurge does not recommend and does not endorse the content on any third-party websites. StateSurge is not responsible for the content of linked third-party sites, sites framed within the StateSurge Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. StateSurge does not endorse any product advertised on the StateSurge Site.
Top INDEMNITY
You agree to defend, indemnify, and hold StateSurge, its officers, directors, employees, agents, licensees, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Top GENERAL
StateSurge is based in Columbia, Missouri, in the United States of America. StateSurge makes no claims that the StateSurge Site and its Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the StateSurge Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
Top JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with StateSurge, or in any way relating to your use of the StateSurge Site, resides in the courts of the State of Missouri and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Missouri in connection with any such dispute including any claim involving StateSurge or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Top NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting StateSurge’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
StateSurge’s agent for copyright issues relating to this web site is as follows:
Attn: Office of Privacy
1000 Manhattan Drive
Columbia, MO 65201
Copyright@StateSurge.com
In an effort to protect the rights of copyright owners, StateSurge maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Top COMPLETE AGREEMENT
Except as expressly provided in a particular “legal notice" on the StateSurge Site, these Terms and Conditions and the StateSurge Privacy Policy constitute the entire agreement between you and StateSurge with respect to the use of the StateSurge Site, and Content.
Thank you for your cooperation. We hope you find the StateSurge Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using U.S. mail to StateSurge's Office of Privacy, at 1000 Manhattan Dr., Columbia, MO 65201. We try to answer every e-mail in a timely manner but are not always able to do so.
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