TERMS &
CONDITIONS: User Agreement
1. General
1.1 This agreement governs your use of this Internet information service
(the "Service"), including the interactive chat and discussion areas
(the "Interactive Areas"), which are operated by us. Additional terms
and conditions of use applicable to specific areas of the Service may
also be posted in such areas and, together with this agreement, govern
your use of those areas. This agreement, together with any such
additional term and conditions, are referred to as this "Agreement."
1.2 We reserve the right, in our discretion, to change or modify all or
any part of this Agreement at any time, effective immediately upon
notice published on the Service. Your continued use of the Service
constitutes your binding acceptance of these terms and conditions,
including any changes or modifications made by us as permitted above. If
at any time the terms and conditions of this Agreement are no longer
acceptable to you, you should immediately cease all use of the Service.
1.3 The Service is directed to adults and is not directed to children
under the age of 18. We comply with the Children's Online Privacy
Protection Act and do not permit registration by and will not knowingly
collect personally identifiable information from anyone under 18.
2. Use of Content
2.1 You acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other material
(collectively, the "Content") that are protected by copyright, trademark
or other proprietary rights. All Content on the Service is copyrighted
as a collective work pursuant to applicable copyright law. You agree to
comply with any additional copyright notices, information, or
restrictions contained in any Content available on or accessed through
the Service. Users of the Service may use the Content only for their
personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any
way exploit any of the Content, in whole or in part, except as expressly
permitted in this Agreement. Content consisting of downloadable software
may not be reverse engineered unless specifically authorized by the
owner of the software's patent and/or copyright. You may post on the
Service any Content owned by you (such as your original statements),
Content for which you have received express permission from the owner
and Content in the public domain. You assume all risk and responsibility
for determining whether any Content is in the public domain. You grant
to us the right to edit, copy, publish, distribute, translate and
otherwise use in any medium any Content that you place on the Service
without compensation to you. You represent and warrant that you are
authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in
such Content. You shall not store electronically any significant portion
of any Content. Except as expressly permitted by the copyright laws, no
copying, storage, redistribution or publication of any Content is
permitted without the express permission of he owners of such Content or
their authorized persons, if other than us. You may download from the
Service any Content in the public domain for your own personal use or
for non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive features, (c)
violates the rights of others, such as Content which infringes any
copyright, trademark, patent, trade secret or violates any right of
privacy or publicity, or (d) otherwise violates any applicable law. You
may not post on the Service any links to any external Internet sites
that are obscene or pornographic. You shall not use the Service for any
commercial purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join competitive
online services.
4. Managing Content
We do not and cannot review the Content posted by users on the Service
and are not responsible for such Content. However, we reserve the right
to delete, move or edit any Content (including Content posted in any
Interactive Area) that we may determine, in our sole discretion,
violates this Agreement or is otherwise unacceptable. You shall remain
solely responsible for all Content posted by you. We shall have the
right, but not the obligation, to correct any errors or omissions in any
Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 We do not represent or endorse the accuracy or reliability of any
Content posted on any Interactive Area and you acknowledge that any
reliance upon such Content shall be at your sole risk. Any Content
placed on any Interactive Area by users are the views of the user
posting the statement, and do not represent our views.
5.2 The Service may contain links to sites on the Internet which are
owned and operated by third parties (the "External Sites"). You
acknowledge that we are not responsible for the availability of, or the
content located on or through, any External Site. You should contact the
site administrator or Webmaster for those External Sites if you have any
concerns regarding such links or the content located on such External
Sites.
6. Indemnity
You agree to indemnify, defend and hold us and our affiliates, and their
respective officers, directors, owners, agents, information providers
and licensors harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees) incurred by any
of these parties in connection with any use or alleged use of the
Service under your password by any person, whether or not authorized by
you. We reserves the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with our defense of
such claim.
7. Termination of Service
We reserve the right, in our sole discretion, to restrict, suspend or
terminate your access to all or any part of the Service, including the
Interactive Areas, at any time for any reason without prior notice or
liability. We may change, suspend or discontinue all or any aspect of
the Service at any time, including the availability of any feature,
database, or Content (including the Interactive Areas), without prior
notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER US NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO WE, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF US, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR
ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER US NOR ANY
THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER US, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
OUR LIABILITY, THAT OF THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
9. Miscellaneous
This Agreement shall be construed in accordance with the laws of the
State of Wisconsin, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts located
in Milwaukee, WI. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the parties
with respect to such subject matter. If any inconsistency exists between
the terms of this agreement and any additional terms and conditions
posted on the Service, such terms shall be interpreted as to eliminate
any inconsistency, if possible, and otherwise, the additional terms and
conditions shall control. Sections 2, 3, 7, 8, 10 and 11 shall survive
any termination of this Agreement as well as any other provisions which
by their terms or sense are intended to survive.
Revised 08/23/2002