Is your business in an Enterprise Zone?

FRESNO REGIONAL ENTERPRISE ZONE PROGRAM
TERMS OF USE AND DISCLAIMER

1. BINDING EFFECT. This is a binding agreement between you (herein referred to as “You” or “User”) and the Fresno Area Workforce Investment Corporation (“FAWIC”) and the County of Fresno (the “County”), as the vouchering agent and manager, respectively, of the Fresno Regional Enterprise Zone Program (the “EZ Program”). By using the Internet site located at http://www.fresnocountyez.com (the “Site”) and any services, including but not limited to the Enterprise Zone Database (“EZ Database”) and Enterprise Zone Web Portal (“EZ Web Portal”), provided in connection with the Site (collectively, the “Service”), the User agrees to abide by these Terms of Use, as they may be amended by the EZ Program at its sole discretion. The User is responsible for reviewing these Terms of Use whenever the User accesses the Site, and if at any time You find these Terms of Use unacceptable, You must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT IT IS LEGALLY PERMISSIBLE FOR YOU TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY.

2.1. PURPOSE OF POLICY. The EZ Program grants vouchers (the “Vouchers”) to employers (the “Employers”) within the EZ Program’s boundaries entitling Employers to receive hiring tax credits for each qualified employee (the “Qualified Employee”). In granting the Vouchers for Qualified Employees, it is necessary for the EZ Program to screen, verify and document each Employer’s requests for Vouchers submitted through the EZ Database. The Site allows Employers to input documentation and information so that the EZ Program may determine their eligibility for the Vouchers. The EZ Program is committed to respecting the privacy rights of the visitors and Users of the Site. The purpose of the Site’s Privacy Policy (this “Policy”) is to give You confidence as You visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that You may access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.

2.2. ACCOUNT REGISTRATION. When You are required to open an account to use or access the Site or Service, You must complete the registration process by providing complete and accurate information as requested on the registration form. You will also be asked to provide a User name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, Username, or password of someone else at any time. You agree to notify the EZ Program immediately of any unauthorized use of your account, user name, or password. The EZ Program shall not be liable for any loss that You incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the EZ Program, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

2.3. COLLECTION AND USE OF INFORMATION

(a) CONFIDENTIAL/PERSONAL INFORMATION. Personal and/or confidential information collected by the EZ Program may include, but not be limited to, Employers’ names, e-mail addresses, and other contact information, as well as other personal, financial, demographic and business data (including but not limited to, a business’ personnel information, such as Qualified Employees’ names, social security numbers, contact information, and wages) (collectively, the “Confidential Information”).

(b) EXCLUDED INFORMATION. Information not held to be confidential shall include, but is not limited to, information that (i) is disclosed by the EZ Program because such information was compelled by court order; (ii) any information that FAWIC and Fresno County determines is subject to disclosure under the Freedom of Information Act (5 U.S.C. § 552 ) or the California Public Records Act (Gov. Code §5260 et seq.); (iii) any information disclosed by FAWIC or the County to the State of California or the any department of the Federal government as part of their responsibilities under the EZ Program; or (iv) any compiled or aggregated data distributed by the EZ Program that does not identify, or make known the identity of, any Employer, employer, any Qualified Employee, or any other employee (collectively, the “Excluded Information”).

(c) USE /DISTRIBUTION OF INFORMATION. The EZ Program will not share the Confidential Information You provide with any third parties, except those entities involved in the EZ Program (the County, FAWIC and the State of California) and to comply with the federal or State law. The EZ Program may use Confidential Information to verify your identity, to check your qualifications for receiving the Vouchers, or to follow up with any other transactions initiated on the Site. The EZ Program may also use your contact information to inform You of any changes to the Site, or to send You additional information regarding your application for a Voucher.

2.4. SECURITY. The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from You. However, the EZ Program makes no assurances about our ability to prevent any such loss, misuse, to You or to any third party arising out of any such loss, misuse, or alteration.

2.5. CONTACT INFORMATION AND POLICY UPDATES

(a) CONTACTING US. If You have any questions about this Policy or the practices related to this Site, contact the EZ Program at the following: Blake Konczal (559) 490-7102 or bkonczal@workforce-connection.com

(b) UPDATES AND CHANGES. The EZ Program reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to You. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that You continue to agree with all of its terms.

3. USE OF EZ DATABASE AND WEB PORTAL. Employers using the Fresno Regional Enterprise Zone Program may access authorized areas of the EZ Database and input documentation supporting each application for eligibility by means of the Enterprise Zone Web Portal. The information Employers provide through the EZ Database will be used by the EZ Program (i) to determine an Employer’s eligibility to receive Vouchers for Qualified Employees and (ii) to generate periodic reports on the EZ Program. In the preparation and operation of the EZ Database and EZ Web Portal, reasonable efforts have been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, errors by the EZ Program or errors resulting from the User providing incorrect information may occur. The EZ Program disclaims any responsibility for, but not limited to, errors made by the EZ Program or its affiliates, officers, directors, employees, consultants, agents, and representatives regarding the accuracy of information contained in the Site’s web pages and errors made in determining the eligibility of Employers for Vouchers or any other benefits under the EZ Program. The EZ Program makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of the EZ Database, the EZ Web Portal, or other information contained within the Site.

4. VOUCHERING FEES. Each Employer submitting an application for a Voucher for each Qualified Employee is required to pay to the EZ Program a fee to process each application for a Voucher (the “Vouchering Fee”). The amount of the Vouchering Fee shall be Forty and 00/100 Dollars($40.00) for each application an Employer submits through the EZ Web Portal. The Fresno County EZ does not process paper applications or payments. The Vouchering Fee may be modified at the discretion of the EZ Program. THIS FEE IS NON REFUNDABLE, IRRESPECTIVE OF WHETHER OR NOT THE EMPLOYER OBTAINS THE VOUCHER.

5. NO WARRANTIES. THE EZ PROGRAM, FAWIC, AND THE COUNTY HEREBY DISCLAIM ALL WARRANTIES. THE EZ PROGRAM IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EZ PROGRAM, FAWIC, AND THE COUNTY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE DISTRIBUTION, OBTAINMENT OR USE OF VOUCHERS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EZ PROGRAM DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

6. LIMITED LIABILITY. LIABILITY BY THE EZ PROGRAM, FAWIC AND THE COUNTY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE EZ PROGRAM, FAWIC, OR THE COUNTY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE EZ PROGRAM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

7. AFFILIATED SITES. The EZ Program has no control over, and no liability for any third party websites or materials. The EZ Program works with a number of partners, affiliates, and government agencies whose Internet sites may be linked with the Site. Because neither the EZ Program nor the Site have control over the content and performance of these partner and affiliate sites, the EZ Program, FAWIC, and the County make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the EZ Program, FAWIC, and the County assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the EZ Program, FAWIC, and the County make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

8. PROHIBITED USES. The EZ Program imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the EZ Program in providing the Site or Service. Any violation of system or network security may subject You to civil and/or criminal liability.

9. INDEMNITY. You agree to indemnify the EZ Program, FAWIC, and the County for your acts and omissions. You agree to indemnify, defend, and hold harmless EZ Program, FAWIC and the County, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, and your violation of these Terms of Use. The EZ Program will notify You of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Fresno County, California, USA in all disputes arising out of or related to the use of the Site or Service.

11. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

12. MODIFICATIONS. The EZ Program may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The EZ Program shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revision.

13. ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.