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Home > Terms of Use, Legal Information
Terms of Use
AGREEMENT BETWEEN USER AND
WISE
The WISE Web Site is comprised of various
Web pages operated by WISE.
The WISE Web Site is
offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the WISE Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF
USE
WISE reserves the right to change the terms,
conditions, and notices under which the WISE Web Site is offered,
including but not limited to the charges associated with the use of the
WISE Web Site.
LINKS TO THIRD PARTY
SITES
The WISE Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of
WISE and WISE 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. WISE is not responsible for
webcasting or any other form of transmission received from any Linked Site.
WISE is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by WISE of the site or
any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the WISE Web
Site, you warrant to WISE that you will not use the WISE Web
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the WISE Web Site in any manner which
could damage, disable, overburden, or impair the WISE Web Site or
interfere with any other party's use and enjoyment of the WISE 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
WISE Web Sites.
USE OF COMMUNICATION
SERVICES
The WISE 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:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
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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.
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Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
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Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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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.
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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.
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Restrict or inhibit any other user from using and enjoying the Communication
Services.
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Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
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Violate any applicable laws or regulations.
WISE has no
obligation to monitor the Communication Services. However, WISE
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. WISE reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
WISE 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 WISE's sole discretion.
Always use caution when giving out
any personally identifying information about yourself or your children in any
Communication Service. WISE does not control or endorse the content,
messages or information found in any Communication Service and, therefore,
WISE 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 WISE
spokespersons, and their views do not necessarily reflect those of
WISE.
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 WISE OR
POSTED AT ANY WISE WEB SITE
WISE does not claim
ownership of the materials you provide to WISE (including feedback and
suggestions) or post, upload, input or submit to any WISE Web Site or
its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
WISE, its affiliated companies and necessary sublicensees 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. WISE is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
WISE'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 WISE WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. WISE AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WISE WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE WISE 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.
WISE 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 WISE 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.
WISE 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 WISE
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 WISE WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE WISE 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
WISE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WISE
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF WISE 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 WISE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WISE WEB
SITE.
SERVICE CONTACT : support@wiseeducation.org
TERMINATION/ACCESS RESTRICTION
WISE
reserves the right, in its sole discretion, to terminate your access to the
WISE 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 Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
WISE Web Site. Use of the WISE 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
WISE as a result of this agreement or use of the WISE Web
Site. WISE's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
WISE's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the WISE Web Site or
information provided to or gathered by WISE 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
WISE with respect to the WISE Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and WISE with respect to the WISE
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 WISE Web Site are: Copyright © 2002-2004 WISE 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.
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