Terms and Conditions

TERMS AND CONDITIONS BETWEEN USER AND Wisconsin Health and Educational Facilities Authority (THE “AUTHORITY”)

The Wisconsin Health and Educational Facilities Authority Web Site (the “Site”) is comprised of various Web pages operated by the Authority.

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices (the “Terms and Conditions”).

MODIFICATION OF THESE TERMS OF USE

The Authority reserves the right at any time and without notice to change the terms, conditions, and notices under which the Site is offered.  Since you are bound by these Terms and Conditions, you should periodically visit this page to review the then-current Terms and Conditions.

LINKS TO THIRD PARTY SITES

The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of the Authority and the Authority makes no representations whatsoever about and 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. The Authority is not responsible for webcasting or any other form of transmission received from any Linked Site. The Authority is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Authority of the site or a recommendation or acceptance of any responsibility for the content or use of such Linked Site

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to the Authority that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the 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 Site.

USE OF COMMUNICATION SERVICES

The 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.

The Authority has no obligation to monitor the Communication Services. However, the Authority reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Authority reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Authority 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 the Authority’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service, including, but not limited to, providing phone numbers and addresses or other information that could be used to identify or locate you. The Authority does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Authority 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 Authority spokespersons, and their views do not necessarily reflect those of the Authority.

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 THE AUTHORITY OR POSTED AT THE SITE

The Authority does not claim ownership of the materials you provide to the Authority (including feedback and suggestions) or post, upload, input or submit to the Site or the Authority’s associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Authority permission to use your Submission 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. The Authority is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Authority’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.

You agree to indemnify defend, and hold harmless the Authority, its members and its affiliated companies, suppliers, licensors, representatives, contractors and agents from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) arising from or related to any allegation regarding your use of the Site, the Authority’s use or display or any information, material or content posted or sent to or via the Site your dealings and communications with any third party through or via the Site and any violation of the Terms and Conditions.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE AUTHORITY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE AUTHORITY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, COMPLETENESS, LEGALITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATIONIS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHORITY BE LIABLE TO ANY PARTY 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  SITE, ANY LINKED SITE OR ANY SUBMISSIONS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE AUTHORITY OR ANY OF ITS SUPPLIERS, LICENSORS, REPRESENTATIVES, CONTRACTORS AND AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. . IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SERVICE CONTACT: info@whefa.com

RISK OF USE

The Authority assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or property on account of your access to, use of, or browsing on the Site or your downloading of any materials, information, content, data, text, images, video or audio from the Site or any other website, including, but not limited to, any Linked Site.

GOVERNING LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, U.S.A., without reference to any conflicts of law rules.  You hereby consent to the exclusive jurisdiction and venue of the state or federal courts located in Waukesha County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the Site. If for any reason any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Conditions and the remaining Terms and Conditions shall continue in full force and effect.  Any failure by the Authority to enforce or exercise any provision of these Terms and Conditions shall not consitute a waiver of that right or provisions.  Unless otherwise specified herein, these Terms and Conditions constitutes the entire agreement between the user and the Authority with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Authority with respect to the Site.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Wisconsin Health and Educational Facilities Authority Web Site are: Copyright 2023 Wisconsin Health and Educational Facilities Authority and/or its suppliers. Nothing contained on this Site shall be construed as granting by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the written permission of the owner of such rights.  You may not distribute or transmit, modify, report, reuse, or use the information or material on the Site for public or commercial purposes without the Authority’s express written consent.  All rights reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Authority respects the intellectual property rights of others and requires that all users of the Site do the same.  Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement under United States copyright law should be sent to:

Service Provider:        Wisconsin Health and Educational Facilities Authority

Name of Designated Agent to receive notification of claimed infringement: Larry D. Wiemer II

Full address of Designated Agent to which notification should be sent:

18000 W. Sarah Lane, Suite 300, Brookfield, WI 53045-5841

Telephone Number of Designated Agent: (262) 792-0466

E-mail address of Designated Agent: info@whefa.com

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegdly infringed:

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.