SECTION 1 – ACCEPTANCE
SECTION 2 – OWNERSHIP OF THE SITE AND RESTRICTIONS ON ITS USE
The Site and any materials made available for download are the property of the Company. The Site is protected by United States and international copyright, trademark, and patent laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by the Company, including the provision of services or products to the Company, or in connection with a business relationship with the Company. You may not frame, utilize framing techniques to enclose, or deep link to, any name, trademark, logo, Content, or other proprietary information (including images, text, page layout, or form) of the Company without the Company’s express written consent.
You may not use automated systems (e.g., robots, spiders, etc.) to access or “harvest” information from the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site.
SECTION 3 – CONFIDENTIAL INFORMATION
You acknowledge that the Site and Content include information which is confidential and proprietary to the Company (“Confidential Information”). Confidential Information includes Content or information marked as “Confidential” or with a similar label, as well as any other Content or information which you know, or reasonably should know, is confidential or proprietary to the Company. If you are not sure whether Content is Confidential Information, contact an authorized Company representative for clarification and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of the Company. You agree to treat all Confidential Information with the same care and caution as you would treat your own Confidential Information.
SECTION 4 – ACCURACY AND INTEGRITY OF INFORMATION
Although the Company attempts to ensure the integrity and accurateness of the Site, the Company makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Any information, Content, service, function, or feature contained on the Site may be discontinued, changed, or updated at any time with or without notice. Additionally, the Company shall have no responsibility or liability for information or Content posted to the Site from any third party.
SECTION 5 – ACCESS TO SITE
In the event access to the Site or a portion thereof requires a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as on file with the Company. You agree to protect the confidentiality of your user ID and password, not to share or disclose your user ID or password to any third party, and to promptly notify the Company in the event you become aware your user ID or password may have been disclosed to an unauthorized third party or otherwise compromised. YOUR ACCESS TO THE SITE MAY BE REVOKED BY THE COMPANY AT ANY TIME WITH OR WITHOUT CAUSE.
SECTION 6 – INDEMNIFICATION
This Section 6 does not apply to third party claims arising from the Company’s own gross negligence or willful misconduct.
SECTION 7 – SUBMISSIONS / UPLOADS TO THE SITE
If you submit, upload, post, or transmit any information or Content to the Site (“Submissions”), you agree not to submit, upload, post, or transmit (a) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component.
The Company and its affiliates shall have a perpetual license to sublicense, use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Submissions in any way and in any commercial or non-commercial medium or form, with or without charge. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption. You agree to defend, indemnify, and hold the Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by the Company arising out of any Submissions you submit, upload, post, transmit, or allow to be posted to the Site.
SECTION 8 – NO DUTY TO MONITOR
You agree that the Company is not liable for Content that is provided by others. The Company has no duty to screen or monitor Content that you or other users may submit, upload, post, transmit, or allow to be posted, but the Company does have the right to refuse to post or edit submitted Content. The Company reserves the right to remove any Content for any reason at any time.
SECTION 9 – INFRINGEMENT NOTICES
As provided in the Digital Millennium Copyright Act (“DMCA”), the Company has designated the following individual for notification of potential copyright infringement regarding the Site:
ELISABETH OLYVIA NORTON
MADISON, WI 53719
If you believe any content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how the Company may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECTION 10 – DISCLAIMER OF WARRANTIES
The COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. The Site, including any content or information contained within it, or any Site-related service, is provided “as is” and “as available
,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, title/non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. The Company specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the Site. The Company does not warrant the accuracy, completeness, timeliness, or availability of the information obtained through the Site.
You assume total responsibility and risk for your use of the Site and hyperlinked websites. The Company does not warrant that content or information contained within the Site will be free of viruses, worms, trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that the Company shall not be liable for any cost or damage arising directly or indirectly from your use of the Site, content, or information contained within the Site. You assume total responsibility and risk for your use of the Site and the internet.
SECTION 11 – LIMITATION OF LIABILITY REGARDING USE OF SITE
The Company and its officers, directors, employees, agents, owners, affiliates, vendors, licensors, dealers, and any third parties mentioned on the Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, content, or information contained within the Site, and any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and hyperlinked websites is to stop using the Site and those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SECTION 12 – LINKS TO OTHER SITES
The Company makes no representations whatsoever about any other website that you may access through the Site. When you access a non-Company website, please understand that it is independent from the Company, and that the Company has no control over the content on that website. In addition, a hyperlink to a non-Company website does not mean that the Company endorses or accepts any responsibility for the content or the use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, trojan horses, and other destructive programming. If you decide to use or access any of the third party websites linked to the Site, you do this entirely at your own risk.
SECTION 13 – AGE OF USERS
Children under the age of eighteen (18) may not use the Site without supervision of their parent or legal guardian, and children under the age of thirteen (13) may not use the Site under any circumstances. If the Company becomes aware that a child under the age of eighteen has provided or attempted to provide the Company with personal information, the Company will use reasonable efforts to remove the information permanently from its files.
SECTION 14 – ELECTRONIC DELIVERY STATEMENT AND YOUR CONSENT
You agree that the Company may provide to you notices and other information concerning the Company or the Site electronically, including notice to any e-mail address that you may provide.
SECTION 15 – INTERNATIONAL USE
The Company makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
SECTION 17 – FINAL PROVISIONS
The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice.