AGREEMENT
BETWEEN USER AND Marshfield Area
United Way.
The Marshfield Area United Way
Web Site is comprised of various
Web pages operated by Marshfield
Area United Way.
The Marshfield Area United Way
Web Site is offered to you
conditioned on your acceptance
without modification of the
terms, conditions, and notices
contained herein. Your use of
the Marshfield Area United Way
Web Site constitutes your
agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF
USE
Marshfield Area United Way
reserves the right to change the
terms, conditions, and notices
under which the Marshfield Area
United Way Web Site is offered,
including but not limited to the
charges associated with the use
of the Marshfield Area United
Way Web Site.
LINKS TO
THIRD PARTY SITES
The Marshfield Area United Way
Web Site may contain links to
other Web Sites ("Linked
Sites"). The Linked Sites are
not under the control of
Marshfield Area United Way and
Marshfield Area United Way is
not responsible for the contents
of any Linked Site, including
without limitation any link
contained in a Linked Site, or
any changes or updates to a
Linked Site. Marshfield Area
United Way is not responsible
for webcasting or any other form
of transmission received from
any Linked Site. Marshfield Area
United Way is providing these
links to you only as a
convenience, and the inclusion
of any link does not imply
endorsement by Marshfield Area
United Way of the site or any
association with its operators.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of
the Marshfield Area United Way
Web Site, you warrant to
Marshfield Area United Way that
you will not use the Marshfield
Area United Way Web Site for any
purpose that is unlawful or
prohibited by these terms,
conditions, and notices. You may
not use the Marshfield Area
United Way Web Site in any
manner which could damage,
disable, overburden, or impair
the Marshfield Area United Way
Web Site or interfere with any
other party's use and enjoyment
of the Marshfield Area United
Way Web Site. You may not obtain
or attempt to obtain any
materials or information through
any means not intentionally made
available or provided for
through the Marshfield Area
United Way Web Sites.
USE OF
COMMUNICATION SERVICES
The Marshfield Area United Way
Web Site may contain bulletin
board services, chat areas, news
groups, forums, communities,
personal web pages, calendars,
and/or other message or
communication facilities
designed to enable you to
communicate with the public at
large or with a group
(collectively, "Communication
Services"), you agree to use the
Communication Services only to
post, send and receive messages
and material that are proper and
related to the particular
Communication Service. By way of
example, and not as a
limitation, you agree that when
using a Communication Service,
you will not:
- Defame, abuse, harass,
stalk, threaten or otherwise
violate the legal rights
(such as rights of privacy
and publicity) of others.
- Publish, post, upload,
distribute or disseminate
any inappropriate, profane,
defamatory, infringing,
obscene, indecent or
unlawful topic, name,
material or information.
- Upload files that
contain software or other
material protected by
intellectual property laws
(or by rights of privacy of
publicity) unless you own or
control the rights thereto
or have received all
necessary consents.
- Upload files that
contain viruses, corrupted
files, or any other similar
software or programs that
may damage the operation of
another's computer.
- Advertise or offer to
sell or buy any goods or
services for any business
purpose, unless such
Communication Service
specifically allows such
messages.
- Conduct or forward
surveys, contests, pyramid
schemes or chain letters.
- Download any file posted
by another user of a
Communication Service that
you know, or reasonably
should know, cannot be
legally distributed in such
manner.
- Falsify or delete any
author attributions, legal
or other proper notices or
proprietary designations or
labels of the origin or
source of software or other
material contained in a file
that is uploaded.
- Restrict or inhibit any
other user from using and
enjoying the Communication
Services.
- Violate any code of
conduct or other guidelines
which may be applicable for
any particular Communication
Service.
- Harvest or otherwise
collect information about
others, including e-mail
addresses, without their
consent.
- Violate any applicable
laws or regulations.
Marshfield Area United Way has
no obligation to monitor the
Communication Services. However,
Marshfield Area United Way
reserves the right to review
materials posted to a
Communication Service and to
remove any materials in its sole
discretion. Marshfield Area
United Way reserves the right to
terminate your access to any or
all of the Communication
Services at any time without
notice for any reason
whatsoever.
Marshfield Area United Way
reserves the right at all times
to disclose any information as
necessary to satisfy any
applicable law, regulation,
legal process or governmental
request, or to edit, refuse to
post or to remove any
information or materials, in
whole or in part, in Marshfield
Area United Way's sole
discretion.
Always use caution when giving
out any personally identifying
information about yourself or
your children in any
Communication Service.
Marshfield Area United Way does
not control or endorse the
content, messages or information
found in any Communication
Service and, therefore,
Marshfield Area United Way
specifically disclaims any
liability with regard to the
Communication Services and any
actions resulting from your
participation in any
Communication Service. Managers
and hosts are not authorized
Marshfield Area United Way
spokespersons, and their views
do not necessarily reflect those
of Marshfield Area United Way.
Materials uploaded to a
Communication Service may be
subject to posted limitations on
usage, reproduction and/or
dissemination. You are
responsible for adhering to such
limitations if you download the
materials.
MATERIALS
PROVIDED TO Marshfield
Area United Way
OR POSTED AT ANY
Marshfield Area United Way
WEB SITE
Marshfield Area United Way does
not claim ownership of the
materials you provide to
Marshfield Area United Way
(including feedback and
suggestions) or post, upload,
input or submit to any
Marshfield Area United Way Web
Site or its associated services
(collectively "Submissions").
However, by posting, uploading,
inputting, providing or
submitting your Submission you
are granting Marshfield Area
United Way, its affiliated
companies and necessary
sub-licensees permission to use
your Submission in connection
with the operation of their
Internet businesses including,
without limitation, the rights
to: copy, distribute, transmit,
publicly display, publicly
perform, reproduce, edit,
translate and reformat your
Submission; and to publish your
name in connection with your
Submission.
No compensation will be paid
with respect to the use of your
Submission, as provided herein.
Marshfield Area United Way is
under no obligation to post or
use any Submission you may
provide and may remove any
Submission at any time in
Marshfield Area United Way's
sole discretion.
By posting, uploading,
inputting, providing or
submitting your Submission you
warrant and represent that you
own or otherwise control all of
the rights to your Submission as
described in this section
including, without limitation,
all the rights necessary for you
to provide, post, upload, input
or submit the Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE
Marshfield Area United Way WEB
SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Marshfield
Area United Way AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Marshfield
Area United Way WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE
Marshfield Area United Way WEB
SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Marshfield Area United Way
AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON
THE Marshfield Area United Way
WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY
KIND. Marshfield Area United Way
AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT
SHALL Marshfield Area United Way
AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR
PERFORMANCE OF THE Marshfield
Area United Way WEB SITE, WITH
THE DELAY OR INABILITY TO USE
THE Marshfield Area United Way
WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Marshfield
Area United Way WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE
OF THE Marshfield Area United
Way WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE,
EVEN IF Marshfield Area United
Way OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF
THE Marshfield Area United Way
WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Marshfield
Area United Way WEB SITE.
SERVICE CONTACT :
unitedway@tznet.com
TERMINATION/ACCESS RESTRICTION
Marshfield Area United Way
reserves the right, in its sole
discretion, to terminate your
access to the Marshfield Area
United Way Web Site and the
related services or any portion
thereof at any time, without
notice. GENERAL To the maximum
extent permitted by law, this
agreement is governed by the
laws of the State of Wisconsin,
U.S.A. and you hereby consent to
the exclusive jurisdiction and
venue of courts in Wood County,
Wisconsin, U.S.A. in all
disputes arising out of or
relating to the use of the
Marshfield Area United Way Web
Site. Use of the Marshfield Area
United Way Web Site is
unauthorized in any jurisdiction
that does not give effect to all
provisions of these terms and
conditions, including without
limitation this paragraph. You
agree that no joint venture,
partnership, employment, or
agency relationship exists
between you and Marshfield Area
United Way as a result of this
agreement or use of the
Marshfield Area United Way Web
Site. Marshfield Area United
Way's performance of this
agreement is subject to existing
laws and legal process, and
nothing contained in this
agreement is in derogation of
Marshfield Area United Way's
right to comply with
governmental, court and law
enforcement requests or
requirements relating to your
use of the Marshfield Area
United Way Web Site or
information provided to or
gathered by Marshfield Area
United Way with respect to such
use. If any part of this
agreement is determined to be
invalid or unenforceable
pursuant to applicable law
including, but not limited to,
the warranty disclaimers and
liability limitations set forth
above, then the invalid or
unenforceable provision will be
deemed superseded by a valid,
enforceable provision that most
closely matches the intent of
the original provision and the
remainder of the agreement shall
continue in effect. Unless
otherwise specified herein, this
agreement constitutes the entire
agreement between the user and
Marshfield Area United Way with
respect to the Marshfield Area
United Way Web Site and it
supersedes all prior or
contemporaneous communications
and proposals, whether
electronic, oral or written,
between the user and Marshfield
Area United Way with respect to
the Marshfield Area United Way
Web Site. A printed version of
this agreement and of any notice
given in electronic form shall
be admissible in judicial or
administrative proceedings based
upon or relating to this
agreement to the same extent an
d subject to the same conditions
as other business documents and
records originally generated and
maintained in printed form. It
is the express wish to the
parties that this agreement and
all related documents be drawn
up in English.
COPYRIGHT
AND TRADEMARK NOTICES:
All contents of the Marshfield
Area United Way Web Site are:
Copyright 2010 Marshfield Area
United Way and/or its suppliers.
All rights reserved.
TRADEMARKS
The names of actual companies
and products mentioned herein
may be the trademarks of their
respective owners.
The example companies,
organizations, products, people
and events depicted herein are
fictitious. No association with
any real company, organization,
product, person, or event is
intended or should be inferred.
Any rights not expressly granted
herein are reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United
States Code, Section 512(c)(2),
notifications of claimed
copyright infringement under
United States copyright law
should be sent to Service
Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and
Procedure for Making Claims of
Copyright Infringement.