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Terms
of Use
Agreement to Terms
The University of Wisconsin-Wisconsin-Milwaukee (UWM) provides access
and
use of this site ("Site") subject to your agreement to the following
"Terms
of Use" (the "Terms"). Please read these Terms carefully
before accessing or
using the Site. By accessing or using the Site, you agree to be bound
by
these Terms.
The Terms, as well
as the Site (and information contained within the Site)
may be updated or revised from time to time without notice to you. You
agree
to periodically review these Terms, and your continued access to or use
of
the Site shall constitute your acceptance of the updated or revised Terms.
Contact Information
If asked to provide your e-mail address during your use of the site, please
provide an accurate and complete e-mail address.
Use of Information
and Services
Third parties may provide certain information displayed on the Site.
Although UWM believes that such information comes from trustworthy sources,
the third-party information is not necessarily sponsored, endorsed,
recommended, or licensed by UWM. You should directly contact the third
parties and/or their references for the most accurate information.
Advice
Neither UWM nor its information sources or users are engaged in giving
legal, medical, counseling or other professional services or advice in
this
Site.
No Liability
Under no circumstances will UWM be liable for any consequence relating
directly or indirectly to any action or inaction you take based on the
information, services or other material on the Site. While UWM will attempt
to keep its Site current, accurate, and complete, UWM and its suppliers
cannot guarantee, and will not be responsible for any damage or loss related
to, the timeliness, accuracy, or completeness of the information, services,
or other material on the Site.
Site Conduct
When using the Site, you agree to abide by the following rules: (a) you
may
not post or transmit content (information, data, text, software, graphics,
sound, photographs, video, messages, etc.) ("Content") that
is unlawful,
harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening,
abusive, hateful, that violates the property rights of others (including
without limitation infringing use of a copyright or trademark), that
violates the privacy or publicity right of others, or are otherwise
objectionable; (b) you may not interfere with others' use of the Site;
(c)
you may not use the Site to conduct any activity that is illegal or that
violates the rights of others; (d) you may not use the Site to advertise
or
sell products or services to others; (e) you may not impersonate any person
or entity, or falsely state or otherwise misrepresent your affiliation
with
a person or entity; (f) you may not post or transmit Content that you
do not
have a right to transmit under any law or under contractual or fiduciary
relationship (such as inside information, confidential information, etc.);
(g) you may not post Content to the Site unless the Content is freely
owned
by you or used with the permission of all other persons with any rights
in
the Content; and (h) you may not use the Site to collect or store personal
data about other users.
Removal of
Content
UWM does not do a prior review of Content posted by any party other than
UWM
and has no responsibility for Content posted by any party other than UWM
to
the Site. However, UWM reserves the right in its sole discretion to delete
any Content submitted to or appearing on the Site. Message boards, "chat
rooms" and/or other information sharing locations on the Site may
contain
the opinions and views of other users. UWM is not responsible for the
accuracy of any messages or postings on the Site. If you believe that
any
Content posted on the Site is infringing, defamatory or otherwise violate
the letter or spirit of these Terms, please contact UWM immediately.
Submission of Content
If you submit Content to the Site, you grant to UWM, or warrant that the
owner of such Content has expressly granted to UWM, a world-wide,
royalty-free, perpetual, irrevocable, transferable, non-exclusive and
fully
sublicense right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) and to incorporate such Content in other
works in any form, media, or technology now known or later developed.
Internet Links
The Site may provide, or third parties may provide, links to other Internet
sites. UWM has no control over such sites; UWM does not endorse, and is
not
responsible for, any such sites or the information, material, products
or
services contained on or accessible through those sites. You acknowledge
that UWM shall not be responsible or liable, directly or indirectly, for
any
damage or loss caused or alleged to be caused by or in connection with
use
of or reliance upon any such information, material, products, or services.
Third Parties
Your correspondence or business transactions with, or participation in
promotions of, third parties found on, or e-commerce through, the Site
and
any other terms, conditions, warranties or representations associated
with
such dealings, are solely between you and such third party. You agree
that
UWM shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such transactions or as the result of the
presence of such third parties on the Site.
Indemnification
You agree to indemnify, defend and hold harmless UWM, its affiliates,
governing board, officers, agents, employees, partners, and suppliers
from
any liability, loss, claim, demand, and expense (including reasonable
attorneys' fees) related to (a) your use of the Site; (b) your violation
of
these Terms; or (c) your posting of Content to the site.
Modifications
to Site
UWM reserves the right to, from time to time, discontinue, temporarily
or
permanently, the information, services, products, and/or other Content
on
the Site with or without notice.
Use and Storage of Content on the Site
UWM may establish general practices and limits concerning the use of the
Site, including without limitation, the maximum number of days that Content
will be available on, or retained by, the Site. UWM, in its sole discretion,
reserves the right to change these general practices and limits at any
time.
Ownership of Content
All information on the Site, as well as the organization and layout of
the
site, other than Content posted by you, is owned and copyrighted by UWM
or
its suppliers or other Site users. Except as expressly authorized by UWM,
you may not copy, distribute, resell, display, sublicense or create
derivative works based on any such information from the Site, in whole
or in
part.
Disclaimer
of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, AND ALL INFORMATION
AND
CONTENT ON THIS SITE, IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
UWM AND ITS INFORMATION SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION, SERVICES, AND
MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. UWM MAKES NO WARRANTY THAT: (a) THE SITE WILL MEET YOUR
REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE WILL
BE
SATISFACTORY; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND; (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UWM
OR HROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS.
Limitation
of Liability
IN NO EVENT SHALL UWM OR ITS AFFILIATES, GOVERNING BOARD, OFFICERS, AGENTS,
EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION
AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED
DIRECTLY FROM UWM THROUGH THE SITE, UWM'S LIABILITY, IN ANY CASE, IS
EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT UWM'S ELECTION,
TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT EQUAL TO THE PURCHASE
PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET
FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE SITE WOULD
NOT
BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
If any jurisdictions
do not allow the foregoing limitations of liability,
the foregoing limitations may not apply to you.
Termination
UWM may, in its sole discretion, with or without notice, suspend or
terminate your use of this Site, and remove and discard any Content on
the
Site, for any reason, including, without limitation if you violate these
Terms. UWM may also bar you from any future access to the Site. UWM will
not
be liable to you for any such suspension, termination or prohibition on
future access. Should you object to any subsequent modifications of the
terms and conditions of these Terms, your sole recourse will be to
immediately notify UWM of your termination of these Terms, which termination
will be effective immediately. To the extent permitted by applicable law,
the terms and conditions of these Terms will survive any termination of
these Terms.
Notices
Any notices to you by UWM can be made by either e-mail or regular mail.
General Provisions
These Terms constitute the entire agreement between you and UWM and govern
your use of the Site, superceding any prior agreements between you and
UWM
regarding the Site (including, but not limited to, any prior versions
of
these Terms). These Terms and the resolution of nay dispute related to
these
Terms or the Site shall be governed by and construed in accordance with
the
laws of the State of Wisconsin, without giving effect to any principles
of
conflicts of law. UWM's failure to insist upon strict enforcement of any
provision of these Terms shall not be construed as a waiver of any provision
or right. If any provision of these Terms is held to be invalid or
unenforceable, the remaining provisions of these Terms will be enforced
in
accordance with their terms. The section headings in these Terms are for
convenience only and have no legal or contractual effect. Regardless of
any
statute or law to the contrary, you hereby waive your right to bring any
claim against UWM more than 1 year after such claim first arose.
Arbitration
Any controversy or claim arising out of or relating to these Terms will
be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or
claim
will be arbitrated on an individual basis, and will not be consolidated
in
any arbitration with any claim or controversy of any other party. You
consent to the arbitration being conducted in the county of Milwaukee,
Wisconsin. Judgment on the arbitration award may be entered in any court
having jurisdiction thereof. Either you or UWM may seek any interim or
preliminary equitable relief from a court of competent jurisdiction in
the
county of Milwaukee, Wisconsin, necessary to protect the rights or property
of you or UWM pending the completion of arbitration.
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