TERMS & CONDITIONS
Welcome to WSFPFoundation.org. These Terms & Conditions apply to the Wisconsin State Fair Park Foundation website located at www.wsfpfoundation.org and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Wisconsin State Fair Park Foundation”, “us”, or “we” refers to Wisconsin State Fair Park Foundation and its subsidiaries and affiliates.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS.
Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.
CONTENT All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Wisconsin State Fair Park Foundation or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Wisconsin State Fair Park Foundation and protected by U.S. copyright laws. Wisconsin State Fair Park Foundation expressly reserves all intellectual property rights in all Content.
LICENSE AND ACCESS Wisconsin State Fair Park Foundation grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED USES The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Wisconsin State Fair Park Foundation that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party,
YOU MAY NOT:
a. Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
b. download, copy, or transmit any Content for the benefit of any other merchant;
c. use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Wisconsin State Fair Park Foundation or generally publicly available browsers;
d. frame, mirror, or use framing techniques on any part of the Site without Wisconsin State Fair Park Foundation’s express prior written consent;
e. make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
f. use any meta tags or any other hidden text utilizing Wisconsin State Fair Park Foundation’s name or marks;
g. misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
h. use a buying agent to conduct transactions on the Site;
i. conduct fraudulent activities on the Site;
j. violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Site (impersonating the Wisconsin State Fair Park Foundation website) or to the Site (impersonating another user);
k. send unsolicited or unauthorized email on behalf of Wisconsin State Fair Park Foundation, including promotions and/or advertising of products or services;
l. tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
m. harvest or collect personally identifiable information about other users of the Site;
n. restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
o. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of this Site; or
p. remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
YOUR ACCOUNT You may be required to register with Wisconsin State Fair Park Foundation in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Wisconsin State Fair Park Foundation including those set forth in these Terms & Conditions, Wisconsin State Fair Park Foundation reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
MODIFICATION AND TERMINATION Wisconsin State Fair Park Foundation may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Wisconsin State Fair Park Foundation reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Wisconsin State Fair Park Foundation reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
TRANSACTIONS If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Wisconsin State Fair Park Foundation the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. Wisconsin State Fair Park Foundation reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any user from making or completing any or all Transaction(s); and (iii) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
LIMITATIONS ON QUANTITY Wisconsin State Fair Park Foundation does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS, AND INACCURACIES Wisconsin State Fair Park Foundation’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or that the price or availability of an item has been confirmed. Wisconsin State Fair Park Foundation makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Wisconsin State Fair Park Foundation reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. If an item’s correct price is lower than our stated price, we will charge the lower amount. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
RETURNS If you are not fully satisfied with your purchase you may return it in accordance with the Cancellation Policy in the Rules and Regulations section. The Rules and Regulations policy is incorporated into these Terms & Conditions in its entirety.
Third Party Financial Information We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. Wisconsin State Fair Park Foundation neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Wisconsin State Fair Park Foundation does not endorse or adopt these web sites or any information contained therein. Wisconsin State Fair Park Foundation makes no representations or warranties whatsoever regarding their accuracy or completeness.
LINKS TO THIRD PARTIES’ WEBSITES The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites. Wisconsin State Fair Park Foundation is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Wisconsin State Fair Park Foundation strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site do not constitute an endorsement by Wisconsin State Fair Park Foundation of such third party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES Wisconsin State Fair Park Foundation cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY WISCONSIN STATE FAIR PARK FOUNDATION ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WISCONSIN STATE FAIR PARK FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM WISCONSIN STATE FAIR PARK FOUNDATION ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WISCONSIN STATE FAIR PARK FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
JURISDICTIONAL ISSUES The Site is controlled and operated by Wisconsin State Fair Park Foundation from the United States, and is not intended to subject Wisconsin State Fair Park Foundation to the laws or jurisdiction of any state, country or territory other than that of the United States. Wisconsin State Fair Park Foundation does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL WISCONSIN STATE FAIR PARK FOUNDATION OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WISCONSIN STATE FAIR PARK FOUNDATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND WISCONSIN STATE FAIR PARK FOUNDATION. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WISCONSIN STATE FAIR PARK FOUNDATION. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Wisconsin State Fair Park Foundation and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
NOTICES AND ELECTRONIC COMMUNICATIONS Except as explicitly stated otherwise, any notices you send to Wisconsin State Fair Park Foundation shall be sent by mail to Wisconsin State Fair Park Foundation, 640 South 84th Street, West Allis, WI 53214. In the case of notices Wisconsin State Fair Park Foundation sends to you, you consent to receive notices and other communications by Wisconsin State Fair Park Foundation posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Wisconsin State Fair Park Foundation provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
MISCELLANEOUS These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Wisconsin State Fair Park Foundation with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about Wisconsin State Fair Park Foundation or your use of the Site, please contact us at firstname.lastname@example.org or (414) 259-4138 with a detailed description, and we will try to resolve it.