The Wisconsin Foundation and Alumni Association (“WFAA”) provides this website and associated services (together, the “Service”) to you subject these Terms and Conditions, as amended from time to time (“T&C”). You agree to use the Service only as permitted herein. The Service is intended only for your personal non-commercial use. You acknowledge that WFAA may update the T&C from time to time without notice, and you accept sole responsibility for familiarizing yourself with, and abiding by, the T&C and any such updates. Your use of the Service constitutes your agreement to the terms of the T&C.
All text, graphics, and other materials accessible via the Service are the property of WFAA. All works of authorship are protected by United States copyright law and may not be reproduced, distributed, modified, transmitted, displayed, published, broadcast, or framed-in without prior written permission from WFAA. You may not alter or remove any trademark, copyright, or other notice from copies of the Service. WFAA authorizes you to view or download a single copy of the Service solely for your personal, noncommercial use, provided you include any copyright and proprietary rights notices that are contained in the Service.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WFAA with the following information:
WFAA’s agent for notice of claims of copyright infringement can be reached as follows:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials available through or accessible via the Service (hereinafter “Content”) whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not WFAA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. WFAA does not control the Content posted via the Service and, therefore, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WFAA be liable in any way for damages arising from exposure to or use of any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service to:
WFAA reserves the right, in its sole discretion, to pre-screen, refuse, or remove Content but shall has no obligation to do so. Without limiting the foregoing, WFAA and its designees shall have the right to remove any Content that violates applicable law or the T&C or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, and that WFAA shall have no responsibility for any Content originating with you or any third party, regardless of whether WFAA has pre-screened such Content. You also acknowledge that using the Service may expose you to unsolicited Content since, as a practical matter, WFAA cannot pre-screen all Content. WFAA expressly disclaims any liability to you or to any third party arising out of or relating to the Content.
WFAA does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant WFAA the following perpetual, worldwide, royalty-free and non-exclusive license(s). The license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service is solely for the purposes of providing and promoting the specific WFAA program to which such Content was submitted or made available.
“Publicly accessible” areas of the Service are those areas of WFAA network of properties that are intended by WFAA to be available to the general public.
In the event that you receive any password or account information pertaining to your use of the Service, you agree to maintain the confidentiality of such password and account information and you agree that you shall be solely responsible for any use of such information, whether authorized or unauthorized and that WFAA shall not be responsible for any such use. You are responsible for all activities that occur in connection with your password and/or account information, including all electronic transmissions. WFAA shall not be under any duty to inquire as to the authority or propriety of any information given to the WFAA by you or via your password and/or account information and shall be entitled to act upon any such information, and WFAA will not be liable for any loss, cost, expense, or other liability arising out of any such instructions. You agree to notify WFAA promptly of any unauthorized use of your password and/or account information. You agree to cooperate with WFAA in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
You acknowledge that WFAA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WFAA’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that WFAA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that WFAA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WFAA reserves the right to modify these general practices and limits from time to time.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
WFAA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WFAA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You expressly agree that:
You agree that WFAA may, in its sole discretion and without prior notice, immediately terminate your account, any associated email address under its control, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. You agree that all terminations for cause shall be made in WFAA’s sole discretion and that WFAA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
The T&C, as amended from time to time, and any associated WFAA policies, constitute the entire agreement between you and WFAA.
No waiver by WFAA shall be construed as a waiver of any proceeding or succeeding breach of any provision of the T&C.
Each provision of the T&C shall be construed as separately applying and surviving even if for any reason another provision is held to be inapplicable or unenforceable. These Terms and Conditions shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.
The T&C shall be governed by the laws of the State of Wisconsin, without regard to its choice of law rules, and you agree that all actions and proceedings arising out of or relating to the Service or the T&C will be heard and determined in any Wisconsin state or federal court sitting in Madison, Wisconsin. You agree to submit to the personal and exclusive jurisdiction of such courts.