TERMS AND CONDITIONS
Last updated March 09, 2023 AGREEMENT TO OUR LEGAL TERMS
We are WISER ("Company," "we," "us," "our").
We operate the website WISER (the "Site"), as well as any other
related products and services that refer or link to these legal terms
(the "Legal Terms") (collectively, the "Services"). You can contact us
by email at __________ or by mail to __________, Madison, WI, United
States.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and WISER,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to
make changes or modifications to these Legal Terms from time to time.
We will alert you about any changes by updating the "Last updated"
date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Legal Terms by your continued use
of the Services after the date such revised Legal Terms are posted.
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services.
If you are a minor, you must have your parent or guardian read and
agree to these Legal Terms prior to you using the Services. We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. GUIDELINES FOR REVIEWS
9. SERVICES MANAGEMENT
10. COPYRIGHT INFRINGEMENTS
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION 19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22. MISCELLANEOUS
23. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable. The Services are not
tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property We are the owner or the licensee of all
intellectual property rights in our Services, including all source
code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively,
the "Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks"). Our Content and Marks are protected
by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the
United States and around the world. The Content and Marks are provided
in or through the Services "AS IS" for your personal, non-commercial
use or internal business purpose only. Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you
have properly gained access. solely for your personal, non-commercial
use or internal business purpose. Except as set out in this section or
elsewhere in our Legal Terms, no part of the Services and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission. If
you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please
address your request to: __________. If we ever grant you the
permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content. We reserve all rights not expressly granted to
you in and to the Services, Content, and Marks. Any breach of these
Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate
immediately. Your submissions and contributions Please review this
section and the "PROHIBITED ACTIVITIES" section carefully prior to
using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the
Services. Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission
and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to
text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also
be treated as a Contribution. You understand that Contributions may be
viewable by other users of the Services. When you post Contributions,
you grant us a license (including use of your name, trademarks, and
logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our use and
distribution may occur in any media formats and through any media
channels. This license includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You are responsible for what you post or upload: By sending
us Submissions and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social
networking accounts, you: confirm that you have read and agree with
our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload,
or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person
or group, sexually explicit, false, inaccurate, deceitful, or
misleading; to the extent permissible by applicable law, waive any and
all moral rights to any such Submission and/or Contribution; warrant
that any such Submission and/or Contributions are original to you or
that you have the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and warrant and represent that your Submissions
and/or Contributions do not constitute confidential information. You
are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law. We may
remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion
we consider such Contributions harmful or in breach of these Legal
Terms. If we remove or edit any such Contributions, we may also
suspend or disable your account and report you to the authorities.
Copyright infringement We respect the intellectual property rights of
others. If you believe that any material available on or through the
Services infringes upon any copyright you own or control, please
immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental permission to use
the Services; (5) you will not access the Services through automated
or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal or unauthorized purpose;
and (7) your use of the Services will not violate any applicable law
or regulation. If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use
of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise
objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by us. As a user of the Services,
you agree not to: Systematically retrieve data or other content from
the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written
permission from us. Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such
as user passwords. Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained
therein. Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Services. Use any information obtained from the Services in
order to harass, abuse, or harm another person. Make improper use of
our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations. Engage in unauthorized framing of or linking to the
Services. Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of
the Services or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the
Services. Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools. Delete the
copyright or other proprietary rights notice from any Content. Attempt
to impersonate another user or person or use the username of another
user. Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms"). Interfere with, disrupt, or create
an undue burden on the Services or the networks or services connected
to the Services. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Services
to you. Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the
Services. Copy or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code. Except as
permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up a part of the Services. Except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses
the Services, or use or launch any unauthorized script or other
software. Use a buying agent or purchasing agent to make purchases on
the Services. Make any unauthorized use of the Services, including
collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses. Use the
Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or
commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Services and through third-party websites. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby
represent and warrant that: The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these
Legal Terms. You have the written consent, release, and/or permission
of each and every identifiable individual person in your Contributions
to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in
any manner contemplated by the Services and these Legal Terms. Your
Contributions are not false, inaccurate, or misleading. Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation. Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us). Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone. Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote violence
against a specific person or class of people. Your Contributions do
not violate any applicable law, regulation, or rule. Your
Contributions do not violate the privacy or publicity rights of any
third party. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the
health or well-being of minors. Your Contributions do not include any
offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap. Your Contributions do
not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you
automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels. This
license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions. We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions. We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in
more appropriate locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings.
When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal
activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others
to post reviews, whether positive or negative. We may accept, reject,
or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully paid,
assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the
law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
10. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon
any copyright you own or control, please immediately notify us using
the contact information provided below (a "Notification"). A copy of
your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an
attorney.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION. If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services. We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services
at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
13. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of Wisconsin
applicable to agreements made and to be entirely performed within the
State of Wisconsin, without regard to its conflict of law principles.
14. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us
(collectively, the "Parties" and individually, a "Party") shall be
commenced or prosecuted in the state and federal courts located in
Madison, Wisconsin, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
15. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Services; (3) breach of these Legal
Terms; (4) any breach of your representations and warranties set forth
in these Legal Terms; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such
data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to
be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at: WISER Madison, WI United States,
slee2332@wisc.edu or
+1 608 123-4567
