Disclaimer

Terms and Conditions

The State of Iowa is not liable for any claims, damages, or injury of any kind you may sustain arising out of or relating in any way to your use of this site. The State of Iowa will not, under any circumstances, be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind, even if the State of Iowa has been advised of the possibility of such damages arising out of: (1) your use of or inability to use this site or the information, products, or services made available on it; (2) your reliance on any information available on this site; or (3) any other matter related to this site or the information, products, or services made available on it. These limitations of liability, and any other limitations of liability in this policy, shall apply regardless of any legal or equitable theory of liability, including, without limitation, theories of tort, contract or otherwise, and shall not be limited to third party claims.

The State of Iowa and its agencies, officials and employees make no warranty, representation or guaranty as to the content, accuracy, timeliness or completeness of the information provided herein. The State of Iowa and the Administrative Hearings Division expressly disclaims any and all liability for any loss or injury caused, in whole or in part, by its actions, omissions, or negligence in procuring, compiling or providing the information contained in this site, including without limitation, liability with respect to any use of this site, or the information contained herein. Reliance on the information contained on this site, is done solely at your own risk. The information may change or be altered at any time.

The State of Iowa has no obligation to detect the presence of any malicious programming. When you download any software or other materials or make use of any other information on this site, you do so at your own risk and are advised to take adequate precautions (including use of anti-virus software and file backup procedures) to minimize any loss to your system caused by malicious programming. The State of Iowa assumes no responsibility and shall not be liable for any damage to your system, computer equipment, data, or other property resulting from your access to or use of this site, your downloading of any information from the site, or from any malicious programming contained on this site.

You agree to hold harmless and indemnify the State of Iowa and its agencies, officials, and employees from and against any claims, actions, suits, liabilities, damages, losses, settlements, demands, deficiencies, judgments, fines, penalties, costs and expenses (including, without limitation, the reasonable value of time of the Iowa Attorney General’s Office and the costs, expenses and attorney fees of other counsel retained by any Indemnitee) suffered by, incurred by, accrued against, charged to, or recoverable by the State, its agents, officers, or employees that arise out of or are related in any way to your use of this site or to any external links you post on this site to other sites or any content posted on them.

Governing Law and Jurisdiction

Any claim, cause of action, or dispute you have with us arising out of or relating to your use of this site or any State of Iowa website policies shall be governed in all respects by, and construed in accordance with, the laws of the State of Iowa, without regard to conflict of law provisions.

Any and all litigation or actions commenced in connection with this policy or your use of this site shall be brought in Des Moines, Iowa, in the Iowa District Court for Polk County, if jurisdiction is proper. However, if jurisdiction is not proper in the Iowa District Court for Polk County, but is proper only in the United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the State of Iowa including sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment of the Constitution of the United States or otherwise.

Modification and Discontinuance

The State reserves the right to modify or discontinue, temporarily or permanently, this site (or any portion thereof) without notice for any reason or no reason whatsoever at any time. The State also reserves the right to modify or remove any information from this site without notice to you at any time. The State shall not be liable to you or any third party for any of the foregoing actions.

Waivers

Except as specifically provided for in a waiver signed by duly authorized representatives of the State of Iowa, failure by the State at any time to claim a breach of any provision of this policy shall not be construed as affecting any right of the State to require compliance with this policy, or declare a breach of this policy.

Warranties

THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE STATE OF IOWA ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS PUBLICATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS PUBLICATION. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL THE STATE OF IOWA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. THIS PUBLICATION COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS PUBLICATION.THE STATE OF IOWA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS PUBLICATION AT ANY TIME.