Terms of Use

Updated Oct. 1st, 2021

**WCEPS DOES NOT COMPLY WITH THE EUROPEAN GENERAL DATA PROTECTION REGULATION**

Welcome to Discussion Project and the related web application (https://www.thediscussionproject.org/) (collectively "Discussion Project" ) of Wisconsin Center for Education Products and Services, Inc. ( "WCEPS" ), a not for profit corporation located in Madison, Wisconsin. These Terms of Use (" Terms of Use ") apply to users visiting or otherwise utilizing Discussion Project as attendees of Discussion Project training ("Trainer"). Users may be referred to in these Terms of Use as " User ", " You ", " Your ", or " Yourself ". You may sign up to use Discussion Project yourself or a third-party may sign up on your behalf. In either case, these Terms of Use must be accepted by You to complete the sign up. By You obtaining an account, it will be deemed that You have consented to have been signed up and agreed to these Terms of Use. By accessing Discussion Project and any pages thereof, You hereby consent to and accept these Terms of Use. If You do not agree to these Terms of Use, You may not use Discussion Project.

INTRODUCTION

WCEPS will from time-to-time make changes to its Terms of Use, and when changes are made, WCEPS shall post such changes to its Website and inform You to review the same. Then, Your continued use of Discussion Project, or any services accessible through it after such posting and notification, shall serve as Your explicit consent to the modifications.

If You violate any of these Terms of Use, in WCEPS’s sole discretion, Your right to use Discussion Project will be terminated.

SERVICES & AUTHORIZED USE

Services offered by WCEPS on Discussion Project are subject to these Terms of Use. WCEPS grants You a personal, nonexclusive license to use Discussion Project according to the terms of this Terms of Use. If You breach or otherwise do not follow these Terms of Use, Your right to access materials via Discussion Project is immediately revoked.

UNAUTHORIZED USE

The rights granted to You under these Terms of Use are limited to the express terms hereof. Specifically, no right is granted to You to sell, reproduce, publish, license, distribute, disseminate, sublicense, rent, and/or lease any portion of Discussion Project. Further, under no circumstances does WCEPS grant to You any right to reverse engineer, decompile, disassemble, modify, translate, and make any attempts to discover the source code of Discussion Project. You may not use Discussion Project or any materials obtained on Discussion Project for any purpose other than for Your own purposes or for any purpose that is unlawful.

You shall not use Discussion Project in any illegal activity nor to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations.

You are not authorized to embed Discussion Project into any other website. You shall provide true, accurate, current and complete information about Yourself during sign up and as prompted by the registration form, if applicable. If any information provided by You is untrue, inaccurate, not current or incomplete, WCEPS has the right to terminate Your account and refuse any and all current or future use of Discussion Project.

You shall not:

  1. Monitor, gather or copy any content on Discussion Project or its related websites or applications by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind;
  2. Copy, modify or distribute any portion of Discussion Project;
  3. Use Discussion Project to process data on behalf of any third party that is not subject to these Terms of Use or the underlying agreements and licenses;
  4. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout of Discussion Project);
  5. Engage in any activities through or in connection with Discussion Project that seek to attempt to harm others or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;
  6. Attempt to circumvent the security systems of Discussion Project;
  7. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any server controlled or utilized by WCEPS;
  8. License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make Discussion Project available to any third party;
  9. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
  10. Engage in any activity that interferes with a user’s access to Discussion Project or the proper operation of Discussion Project;
  11. Impersonate any person or entity;
  12. Resell or transfer Discussion Project to any third-party.

IF WCEPS OR TRAINER BECOMES AWARE THAT YOU ARE ENGAGING IN ANY OF THE PROHIBITED ACTIVITIES LISTED ABOVE, OR OTHER CONDUCT, WHICH IN WCEPS’ SOLE DISCRETION IS HARMFUL TO WCEPS OR DISCUSSION PROJECT, WCEPS RESERVES THE RIGHT TO REVOKE YOUR RIGHT TO DISCUSSION PROJECT AND ANY PERMITTED USES THEREOF.

USE OF DATA

WCEPS shall not own any right, title or interest to the data that You enter in Discussion Project ("User Data"). As among WCEPS, the Trainer, and You, You shall own all such User Data, and Trainer shall be responsible for Trainer’s actions related to User Data including but not limited to sharing, storing, or disclosing the User Data. Any questions, concerns, or directions regarding the use of User Data by Trainer should be directed to Trainer. WCEPS has access to the User Data and may also collect information and data regarding how Discussion Project is used, processes information, and otherwise performs. Any questions, concerns, or directions regarding the use of User Data by WCEPS or requests to delete User Data from Discussion Project should be directed to WCEPS. WCEPS has the right to access and monitor the use of the User Data and other actions and data within Discussion Project and the use of Discussion Project by You and any users that You invite to use Discussion Project. All information collected by WCEPS will be used by WCEPS and not shared with third parties other than in the aggregate without any identifying information and is WCEPS’ confidential information. Any information or data produced by Discussion Project regarding the performance of Discussion Project or analysis and compilations of aggregate data collected by WCEPS is considered proprietary information owned by WCEPS.

SITE MONITORING & COOKIES

WCEPS uses electronic means to track and monitor Trainer’s use and Your use of Discussion Project. You acknowledge and agree that WCEPS has the right to electronically monitor Your use of Discussion Project using various methods, and to disclose any of the collected information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate Discussion Project properly, or to protect itself or its subscribers. WCEPS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

WCEPS may use a cookie or similar text files on some pages of Discussion Project. A cookie is an element of data that a website can send to Your browser, which may then store it on Your computer. A cookie does not retrieve any other data from Your hard drive, does not carry computer viruses and does not reveal anything about You that You have not already revealed. Discussion Project makes extensive use of cookies to speed up certain functions by utilizing the processing capability of Your browser and provide other benefits. You agree to turn on the use of cookies on Your browser and acknowledge that Discussion Project may not function properly without cookies being enabled.

How WCEPS may use and share Your information is further governed by the WCEPS Privacy Policy, which is available here.

LINKS TO OTHER WEBSITES

Discussion Project may contain web links to third-party websites. These links are provided as a convenience to You and such third-party websites are not under WCEPS’s control. WCEPS makes no representations or warranties as to the accuracy and information on or from other websites. Please be advised that the privacy policy and security policy of third-party linked websites are not that of WCEPS.

ELECTRONIC MAIL SECURITY

Electronic mail over the Internet is not secure or confidential. WCEPS is not responsible for any damages in connection with electronic mail You send to WCEPS or electronic mail sent to You, at Your request.

SOFTWARE AND HARDWARE REQUIREMENTS

To access Discussion Project, You must obtain at Your own expense access to the Internet which involves computer hardware (e.g., computers, cable modems, wi-fi routers, printers) and software (e.g., web browser) requirements. You are solely responsible for any fees and charges related to Your access to the Internet, including but not limited to any Internet Service Provider (ISP) fees, telephone charges and cellular provider charges. Certain segments of Discussion Project may require additional hardware and/or software to effectively use Discussion Project. A .pdf file viewer software product may also be needed to view certain online documents. WCEPS requires You to use a web browser that supports adequate security measures which includes the use of Secure Socket Layer (SSL) encryption technology with minimum 128 bit encryption, and such standards may change from time-to-time as determined by WCEPS.

WCEPS recommends You use adequate anti-virus and anti-spyware software and that You keep such software current to help You avoid data compromise and related losses. You are responsible for selecting all such systems, hardware and Your ISP. You are also responsible for any defect, malfunction or interruption in service or security due to hardware failure, Your choice of ISP and systems and computer services. WCEPS is not responsible for any computer virus or related computer hardware and software problems that may arise with Your use of Discussion Project services over the Internet.

COPYRIGHTS, TRADEMARKS AND/OR RESTRICTIONS ON USE

WCEPS provides the Discussion Project in coordination with the University of Wisconsin-Madison. WCEPS, the University of Wisconsin-Madison, and third-parties may all have claims related to the materials, content, and trademarks used in Discussion Project. You acknowledge and agree that You do not own any right, title, and interest to Discussion Project or any content and works of authorship displayed on Discussion Project; including without limitation photos, text, icons, source code, video, software, graphics and sound recordings.

Such items are protected by copyright and/or other laws. You are authorized to view such information and materials on Discussion Project only for Your own purposes. You may not copy, distribute, disseminate, sell, reproduce, display, link to, license, create derivative works of or republish Discussion Project or any portion of Discussion Project for any commercial or public purpose without WCEPS’s prior express written consent.

In addition, You acknowledge and agree, that the University of Wisconsin-Madison and/or WCEPS (or others, as indicated) owns the trademarks, service marks, registered service marks or registered trademarks and logos (each referred to as " Marks ") which are displayed on Discussion Project. You shall not use such Marks without the prior express written consent of WCEPS or the indicated third-party that may own the Marks. You agree that except as expressly provided herein, WCEPS has granted You no license, rights in or rights to use any of the Marks; WCEPS and/or applicable third parties and licensors retain all rights to the Marks.

YOUR ACCOUNT, YOUR INFORMATION, AND HACKING

You are responsible for maintaining the confidentiality of Your account, usernames and passwords, and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password and shall immediately notify WCEPS and Trainer of any unauthorized use of Your account or credentials.

If You need help accessing or removing any of Your information, please contact WCEPS at info@wceps.org.

HACKING AND UNAUTHORIZED INTRUSIONS BY THIRD-PARTY BAD ACTORS INTO DISCUSSION PROJECT AND ITS RELATED SYSTEMS ARE INEVITABLE. YOU ACKNOWLEDGE AND AGREE THAT WCEPS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES STEMMING FROM SUCH UNAUTHORIZED ACCESS OR DISRUPTION OF DISCUSSION PROJECT.

WARRANTY DISCLAIMER

THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN THE SITE, INCLUDING TEXT, LINKS, GRAPHICS OR OTHER ITEMS ARE PROVIDED " AS AVAILABLE " and " AS IS ". WCEPS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO DISCUSSION PROJECT AND SERVICES HEREUNDER, OR ANY RELATED SERVICE, OR THE FITNESS OF DISCUSSION PROJECT AND/OR SERVICES FOR YOUR USE.

WCEPS HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION GIVEN BY WCEPS, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY HEREUNDER. ALSO, WCEPS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO DISCUSSION PROJECT OR SERVICES PERTAINING TO NON-INFRINGEMENT, SECURITY, ACCURACY, NON-INTERRUPTION AND FREEDOM FROM COMPUTER VIRUS(ES). WCEPS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR ADEQUACY OF THE INFORMATION AND MATERIALS ON THE SITE.

WCEPS MAKES NO REPRESENTATION THAT MATERIALS ON THIS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. ACCESS TO THIS WEBSITE FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. IF YOU ACCESS THIS WEBSITE OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER YOU OR WCEPS (AND THEIR RELATED PARTIES) (collectively, " THE PARTIES ") BE LIABLE FOR ANY OF THE FOLLOWING: (I) DIRECT DAMAGES IN EXCESS OF THE ACTUAL FEE(S) PAID BY YOU TO WCEPS FOR ACCESS TO DISCUSSION PROJECT (IF ANY) OR, (II) ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISCUSSION PROJECT OR ITS RELATED SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PARTIES INTEND THAT THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION SHALL BE VALID AND ENFORCED EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless WCEPS and its respective directors, officers, employees, and agents from and against all claims and expenses (including reasonable attorneys’ fees) arising out of Your violation of these Terms of Use or misuse of Discussion Project.

GOVERNING LAW

These Terms of Use are governed by and shall be interpreted under the internal laws of the State of Wisconsin, excluding its conflict of law principles. VENUE AND JURISDICTION FOR ANY FEDERAL OR STATE COURT LITIGATION OR ANY ALTERNATIVE DISPUTE RESOLUTION INCLUDING MEDIATION AND ARBITRATION SHALL BE DANE COUNTY, STATE OF WISCONSIN.