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Privacy Notice and Policies

The Ohio Development Services Agency (DSA) considers your privacy to be of utmost importance. DSA has developed this Privacy Policy to communicate its online information gathering, use, and dissemination practices for users of OpportunityZones.Ohio.gov (the Website). DSA may change this Privacy Policy from time-to-time by posting changes on the Website under the Privacy Policy link. If you are not in agreement with any part of this Privacy Policy, please refrain from using the Website.  Personal information you provide will only be used in accordance with this policy.

Anonymous Information Collected

Some anonymous information is collected from all visitors to the Website for purposes such as assessing what information is of most interest to users and for system enhancements. The following information is collected and stored automatically:

  • The Internet domain (for example, “xcompany.com” if you use a private Internet access account, or “yourschool.edu” if you connect from a university’s domain) and Internet Protocol (IP) address from which you access our site;
  • The type of hardware, browser and operating system used to access our site;
  • The number of bytes of data transmitted during your visit;
  • Transaction and routing information to and from your computer;
  • The pages you visit; and
  • If you linked to our site from another Web site, the address of that Web site (URL).

Cookies

Cookies are short and simple text files stored on your computer by internet Web sites to help identify users and enhance customer service. We use cookies to customize and personalize your visit to the Website. Cookies do not compromise your privacy or security. Using web browser settings, you can refuse the cookies or delete the cookie file from your computer by using any of the widely available methods. Some features of the Website may not function if you disable cookies.

Personal Information Collected

DSA does not collect personal information without your knowledge or consent. You may choose to provide personal information to us either by providing information so we may respond to an inquiry, by uploading information for the Website, or by other interaction with us.  Information requested may include contact information (such as name and address), demographic information (such as gender, occupation and age range) and other information. We may, from time to time, re-contact you. You may request to not receive any further contact from us.

Except as otherwise provided in this Privacy Policy, any information you submit will be treated as public records.  The information you upload, for instance, Project or Community information, may be available to be viewed on the Website by DSA and by third parties.  Additionally, DSA may disclose your personal information when required to do so by law, for example, in response to a court order or subpoena, in response to a public records request under the Ohio Revised Code, when requested by a law enforcement agency, or when DSA has reason to believe that someone is causing injury to or interfering with the rights or property of another.

Protection of Your Information

As set forth in this Privacy Policy, information you upload to the Website is available to other Website users and that information and any documents attached are public records.  Do not attach confidential information or trade secrets.  With respect to your information submitted to DSA (and not uploaded Community or Project information), we take appropriate reasonable measures to securely store your information and safeguard your information against unauthorized disclosure or use. You may review, update, and correct your personal information at any time by contacting us.

Links

This website contains links to other sites. Please be aware that DSA and the State of Ohio are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to OpportunityZones.Ohio.gov.

Remarketing/Retargeting Policy

Remarketing or retargeting allows advertisers to show ads to users who have previously visited the advertiser’s website as they browse the Web. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to Ohio.org. Google provides information on opting out here:  http://www.google.com/policies/technologies/ads/.

If you would like to be able to opt out from vendors other than Google, more information can be found here: http://www.networkadvertising.org/choices/. If you do submit your email or postal addresses online, you may receive periodic mailings, on or offline, from us and other users.  The Website provides instructions on how you can remove your name from our mailing list.

V.1 2019

Terms and Conditions of Use

Welcome to www.opportunityzones.ohio.gov (the “Website”). This page states the Terms and Conditions of Use (“Terms”) of the Website. Please read these Terms carefully. These Terms may have changed since your last visit to the Website. By accessing, browsing, or using the Website, you indicate your acceptance of these Terms. If you do not accept these Terms, please refrain from using the Website.

The Ohio Development Services Agency (“DSA”) maintains the Website to give public access to Ohio opportunity zone information. Your reliance on information on the Website is at your sole risk. DSA reserves the right to update these Terms form time-to-time in its sole discretion. You should review this page periodically for updates and changes to these Terms.

  1. The Website. The Website is owned by DSA. The content found on the Website is owned by DSA, its partners, and other third-party providers. Nothing contained on the Website should be construed as granting any license or right to use any material other than as expressed in these Terms.
  2. License. DSA grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Website solely for your personal and non-commercial individual use. All materials displayed or made available on the Website, including graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code are the exclusive property of the State of Ohio or its content suppliers. All materials on the Website are protected by U.S. copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted by these Terms, you shall not use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the materials; or use the materials on other websites or any other form of media without the prior written consent of DSA or the content owner. All trademarks, service marks, and logos (“Marks”) displayed on the Website are the exclusive property of either DSA or the respective owners of the Marks from whom DSA licenses the Marks. You shall not use the Marks in any manner without the prior written consent of DSA or the respective owner of the Marks.
  3. Restrictions. In connection with your use of the Website, you shall not:
    1. violate any local, state, or federal rules, regulations or laws;
    2. perform any activities that are misleading, malicious, discriminatory, infringing, or could expose DSA, the State of Ohio or other users to harm or liability;
    3. transmit any material that is false, fraudulent, misleading, that violates anyone’s rights, or is otherwise objectionable in DSA’s sole judgment;
    4. impersonate any person;
    5. transmit any virus, worm, defect, Trojan horse, or any other similar destructive or harmful item, or any other automated means, information, or computer code that interrupts, destroys or limits the functionality of any computer or telecommunications equipment;
    6. use the Website in any manner that could damage, disable, overburden, disrupt or impair the network connected to the Website, or interfere with any other party’s use of the Website;
    7. disobey any applicable policies or regulations of networks connected to the Website;
    8. modify, adapt, translate, reverse engineer, decompile, or disassemble the Website;
    9. frame, reformat, or otherwise make the Website available to third parties;
    10. prepare derivative works based on the Website; or remove any proprietary notices, labels, or other identifying Marks on content provided on the Website.
  4. No Expert Advice. The Website is not intended to provide any expert advice, in any manner. Please consult a professional for any personal, legal or financial advice.
  5. Accuracy of Information. You understand and acknowledge DSA does not warrant the accuracy of any information provided on the Website. Information on the Website may contain technical inaccuracies or typographical errors. The Website contains opinions, recommendations, statements and information provided by third-parties. DSA does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any Website Content posted by third-parties. Postings reflect the opinion and experience of the Website Content submitter and are not an endorsement or recommendation by DSA or the State of Ohio. Community and Project submissions are created and submitted by third-parties. You rely on information on the Website at your own risk.
  6. Content.
    1. Website Content. Website Content means all journals, recommendations, opinions, news articles, directories, guides, listings, events, text, photographs, illustrations, graphics, logos, audio clips and images, information, infographics, software, messages, or other material, including User Content on the Website.
    2. User Content. User Content means Website Content submitted to the Website by its users under these Terms.
    3. Submitting Content. Submitted Website Content is the responsibility of the person or entity originating such Website Content. DSA will not compensate any user for User Content, unless agreed in writing in a separate agreement. DSA reviews all submitted Website Content and reserves the right to not post or use any User Content and may remove any Website Content at any time in its discretion. By submitting User Content you agree to the following:
      1. License. You grant to DSA and the State of Ohio, their affiliates, successors, assigns, licensees, sub-licensees, agents and partners (the “Grantees”) an irrevocable, unrestricted, worldwide, perpetual, royalty-free, sub-licensable, transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works, incorporate into other works, publicly perform and display in or through any medium existing or to be created for any and all lawful purposes. You agree to execute any instrument confirming this right and license reasonably requested by DSA or the State of Ohio. You acknowledge that Grantees will rely on this right and license at substantial cost to Grantees and you agree to not assert any claim against Grantees related to the exercise of the permissions granted herein.
      2. Warranty. You represent and warrant that (A) you are the owner of the User Content or have the right to submit to the Website and grant the foregoing license and rights; and (B) the use of the User Content by the Grantees will not infringe the intellectual property rights or other rights of any third-party.
      3. Indemnification. You shall indemnify, defend, and hold Grantees harmless from and against any claims, damages, liabilities, costs and expenses arising out of or connected to any breach of the warranty in the foregoing Section 6(c)(ii).
    4. Public Records. DSA is a public entity and subject to public records laws, including Ohio Revised Code Section 149.43. DSA is required to maintain many things submitted to the agency as public record, which are generally open to the public for inspection. Unless otherwise exempt under applicable law, any information submitted to the Website, including User Content, may be disclosed in response to a public record request.
  7. Warranties. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE DISCLAIMED BY DSA TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEBSITE AND ANY SERVICE THAT MAY BE PROVIDED THROUGH THE WEBSITE.THE WEBSITE MAY BE SUBJECT TO INTERRUPTION, DISRUPTION, OR INADVERTENT OR DELIBERATE BREACHES OF SECURITY OR PRIVACY. DSA IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A BREACH OF SECURITY OR PRIVACY EXCEPT AS MAY BE REQUIRED BY LAW, OR FOR ANY VIRUS, MALICIOUS CODE, HACK OR CYBER ATTACK THAT AFFECTS THE WEBSITE OR YOUR COMPUTER, DEVICE, PROGRAMS, OR DATA DUE TO YOUR USE OF THE WEBSITE.
  8. Links. The Website may contain links directing access to third party websites. Third party websites are not controlled or monitored by DSA. DSA is not responsible for any materials, information, or content posted on any linked third-party website. The inclusion of any links on the Website does not imply any relationship or association between DSA and the owner of the linked websites nor any advertisement or endorsement of the linked websites. DSA provides links solely for your convenience. You are solely responsible for your access of the linked websites.
  9. Advertisements. The Website, as well as third-party ad servers, may provide advertisements. These advertisements are provided solely as a convenience to you and not as an endorsement by DSA of their content. DSA has no control over advertisements and is in no way responsible for any interaction you may have with advertisements. You agree DSA is not responsible for the availability or accuracy of advertisements or advertised content, products, services or other resources. You also agree DSA is not liable, directly or indirectly, for any loss suffered or alleged to be suffered in connection with your use or reliance on information, products, services or other resources made available by advertisements that may be on the Website from time-to-time.
  10. Privacy. Your use of the Website and the information you provide is subject to the terms of DSA’s Privacy Statement, accessible from the Privacy Policy link found at the bottom of each page of the Website.
  11. Indemnification. By using the Website, you agree to indemnify, hold harmless, and defend the State of Ohio, DSA, its affiliates, agents, employees, and representatives from any claims, damages, losses, liabilities and all costs and expenses of defense, including attorneys’ fees, resulting directly or indirectly from a claim resulting from, or connected to your use of the Website, your negligent or wrongful conduct, or your violation of these Terms, including any third-party claim of infringement for any User Content submitted by you.
  12. Liability. You agree through your use of the Website to assume all risks associated with, arising out of, or resulting from your use of the Website, including the risk of financial loss. You further agree to release the State of Ohio, DSA, its affiliates, agents, employees and representatives from all claims, demands, damages (direct, indirect, consequential, or otherwise) of any kind, known or unknown, arising out of, or resulting from your use of the Website. You understand and agree that because of your release in this Section, the State of Ohio, DSA its affiliates, agents, employees and representatives will in no event be liable for any direct, indirect, consequential, incidental, punitive, or special damages, nor damages for loss of profits, goodwill, revenue, data, or use, incurred by you, whether in an action in contract, tort, breach, or failure of warranty, even if DSA has been advised of the possibility of such damages.
  13. Termination. DSA may at any time and for any reason, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Website or any part of it; or restrict, suspend, or terminate, in whole or in part, your permission to access or use the Website; all without notice or liability to you. If your permission to access or use the Website is terminated, then these Terms will continue to apply regarding your prior access to the Website, and anything connected with, related to, or arising therefrom. All Sections of these Terms, which by their nature should survive the termination of the Website in order to give effect to their intended purpose continue in full force and effect after the termination of the Website for so long as necessary.
  14. Entire Agreement. These Terms contain the entire agreement between you and DSA in regard to your use of the Website and supersedes any and all prior agreements, understandings, representations and statements between you and DSA, whether oral or written.
  15. Severability. If any provision of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term is deemed excluded to the extent of such invalidity or unenforceability; all other provisions of these Terms remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term is deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
  16. Governing Law; Jurisdiction. These terms are governed by the laws of the State of Ohio without regard to its conflict of laws principles. You consent and submit to jurisdiction of the state or federal courts located in Franklin County, Ohio in all questions and controversies arising from or connected to your use of the Website.
  17. Attorneys’ Fees. In the event DSA or its affiliates take any action to enforce these Terms against you, such party is entitled to recover from you and you agree to pay all reasonable attorneys’ fees and any other costs incurred, in addition to any other relief, at law or in equity, the parties may recover.
  18. Injunctive Relief. You agree that a violation or attempted violation of these Terms would cause damage to DSA that would be irreparable and the exact amount of which would be difficult to ascertain and for which there is likely no adequate remedy at law. Accordingly, you agree that DSA is entitled to an injunction issued by a court of competent jurisdiction restraining a violation or attempted violation of these Terms by you, in addition to recovering from you all costs and expenses incurred by DSA in obtaining such injunction, including attorneys’ fees.
  19. Amendments; Waiver. DSA reserves the right to modify these Terms at any time without notice. Changes to these Terms become effective when posted to the Website. You agree to review these Terms periodically for changes to these Terms. Your continued use of the Website is your assent to these Terms and any amendments. These Terms cannot be modified or amended by you and no provision can be waived except in a writing signed by DSA. No failure or delay by DSA in enforcing any right, power, or remedy under these Terms is a waiver of any right, power, or remedy under these Terms.

 

Last updated 2/21/2019