DISCLAIMER OF LIABILITY
Neither the State of Wisconsin, WEDC nor any of its officers, employees or agents shall be liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall WEDC or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
DISCLAIMER OF WARRANTIES AND ACCURACY OF DATA
Although the data found using the WEDC’s access systems have been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability, or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. WEDC provides this information on an “as is” basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, and non-infringement of proprietary rights are disclaimed. Changes will be periodically made to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information, originally created by WEDC, from a source other than WEDC, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to WEDC’s Web administrator; find contact information here.
DISCLAIMER OF ENDORSEMENT
WEDC is a distributor of content sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily reflect those of the state or reflect those of WEDC and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by WEDC.
DISCLAIMER OF EXTERNAL LINKS
The WEDC is not responsible for the contents of any off-site pages referenced. The user specifically acknowledges that WEDC is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from the WEDC website or social media accounts on the Web to other sites do not constitute an endorsement from WEDC. These links are provided as an information service only. It is the responsibility of the Web user to evaluate the content and usefulness of information obtained from other sites. WEDC’s website and social media contain links to other related Internet sites and resources. Since WEDC’s website and social media are not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.
For site security purposes and to ensure that this service remains available to all users, WEDC’s computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage.
Use of the WEDC information technology system to send unlawful faxes, any electronic communication, or email to WEDC and its employees is prohibited.
DISCLAIMER OF DUTY TO CONTINUE PROVISION OF DATA
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, homepages, and files are reorganized. The user expressly agrees that use of the WEDC website and social media is at the user’s sole risk. WEDC does not warrant that the service will be uninterrupted or error free. The documents and related graphics published on this server could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. WEDC and/or its respective programs may make improvements and/or changes in the information and/or programs described herein at any time.
CHOICE OF LAW
Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of Wisconsin and of the United States. The laws of the State of Wisconsin and of the United States shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties.
Any person to whom a copyright is issued shall remain the sole and exclusive owner of all rights, title and interest in and to all specifically copyrighted information created and posted for inclusion in this system. Please contact WEDC’s Web administrator for permission requests; find contact information here.
LINKING TO THE WEDC WEBSITE
Links to the WEDC website are permissible, if not encouraged. However, we do ask that links point to the home page (https://WEDC.org) rather than to a specific page as those links may change.
WEDC grants you (“Licensee”) a non-exclusive, non-sublicensable and non-assignable, limited right to reproduce, display, broadcast, transmit, or create a derivative work from (collectively “use”) all types of visual content, including, without limitation, still photography, motion film or video and audio component, whether generated optically, electronically, digitally or by any other means (collectively “Content”), solely to the extent the use is for the advancement of Wisconsin economic development. Content may be cropped for placement purposes or customized as permitted via the Marcom tool, but the Content shall not, under any circumstances, otherwise be altered, changed or manipulated, or combined with other Image(s) without prior written permission.
- The use must be for the advancement of Wisconsin economic development.
- The use is strictly limited to the use, medium, period of time, print run, placement, size of image, territory and/or any other restrictions specified on the Marcom website and in these terms and conditions.
- The Content may not be used in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
- The Content may not be used in any logo, trademark or service mark.
- Licensee may not distribute or allow Content to be used by another (i.e., employee or subcontractor) who does not agree to use the Content in accordance with the restrictions specified on the Marcom website and in these terms and conditions.
TERMINATION AND REVOCATION
WEDC reserves the right to automatically terminate or revoke the license without notice if Licensee fails to comply with any provision of this Agreement.
Upon termination or revocation, Licensee must immediately stop using the Content, delete the Content and destroy all other copies. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this Agreement, your rights under this Agreement shall immediately terminate, and in that event, upon WEDC’s request, you agree to remove any content from such platform or website. WEDC reserves the right to discontinue the use of any Content for any reason and, if requested, confirm to WEDC in writing that you have complied with these requirements. Upon notice from WEDC, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s rights, WEDC may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.
I indemnify and hold harmless WEDC from any damage or cost (including reasonable attorneys’ fees), arising out of the use or distribution of Your Content. Upon written request, you will defend us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that Your Content, in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law. Notwithstanding the foregoing, WEDC as the Indemnified Party may, in its sole and absolute discretion, engage their own attorneys and other professionals to defend or assist them, and, its attorneys shall control the resolution of the claim or proceeding. You will indemnify WEDC from any damages, attorney’s fees and costs finally awarded against us, as a result of litigation, or for any amounts paid by us to settle a claim against us.
You release WEDC from any claims arising out of this Agreement or WEDC’s exercise of its rights under this Agreement, including but not limited to claims for invasion of privacy, infringement of any right of publicity, defamation or any other claim.
This Agreement represents our entire agreement regarding the subject matter hereof and supersedes all previous representations, understandings or agreements between the parties. No waiver, modification or cancellation of any term or condition of this Agreement shall be effective unless signed in writing by WEDC and me. This Agreement shall be construed and controlled by the laws of the State of Wisconsin. If any part of this Agreement is found to be invalid, such invalidity shall not affect the remainder of this Agreement. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, including expert witness fees. The parties hereby consent to venue and personal jurisdiction in Dane County, Wisconsin.