Terms and Conditions
Acceptance of Terms
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.
Ownership and Content
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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works
- An identification of the allegedly infringing material and a description of where that material is located on the Site
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the
- A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner
WFAA’s agent for notice of claims of copyright infringement can be reached as follows:
- Mail: Director of Legal Affairs, University of Wisconsin Foundation, 1848 University Ave., Madison, WI 53726
- Phone: 608-308-5245
- Email: firstname.lastname@example.org
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:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a WFAA employee, Wisconsin Alumni Association (“WAA”) chapter or affinity group leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights
(“Rights”) of any party;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” (as those terms are commonly understood) or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy, which is incorporated herein by reference and made part of the T&C
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to use the website;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies, or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
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.
Content Submitted to the Service
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.
Passwords and Account Information
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.
General Practices Regarding Use and Storage
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.
No Resale of Service
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.
Modifications to 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.
Disclaimer of Warranties; Limitation of Liability; Indemnity
You expressly agree that:
- You use the Service at your sole risk. WFAA provides the Service on an “as is” and “as available” basis. WFAA and its affiliates, officers, agents, and employees expressly disclaim all warranties of any kind, whether express or implied, including without limitation implied warranties or merchantability, fitness for a particular purpose, and non-infringement. WFAA does not warrant that the functions on the Service will be uninterrupted or error free, that defects will be corrects, or that this website or the server that makes it available are free of viruses or other harmful components. WFAA does not warrant or many any representations regarding the use of or the result of the use of the Service in terms of its correctness, accuracy, reliability, timeliness, or otherwise.
- WFAA and its affiliates, officers, agents, and employees shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for lost profits, goodwill and reputation, use, data, or other intangible losses resulting from:
- your use of or inability to use the Service;
- acts or omissions of any third party;
- the contents of any transmission provided to WFAA by you or other third parties;
- the contents of any website that is accessed from or linked to by the Service by direct or indirect means, unless the website is controlled, owned, or operated by WFAA;
- any loss resulting from a cause over which WFAA does not have direct control; or
- any other matter relating to the Service.
- You agree to indemnify and hold WFAA and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service; your use of the Service; your connection to the Service; your violation of the T&C; or your violation of any rights of another.
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.
Governing Law and Venue
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.