USER AGREEMENT

PLEASE READ THIS SCREEN BEFORE USING WISCONSINCOMMONMARKET.COM.  BY CONTINUING TO USE WISCONSINCOMMONMARKET.COM, YOU AGREE TO ABIDE BY THIS AGREEMENT.  IF YOU DO NOT AGREE, WISCONSINCOMMONMARKET.COM IS NOT WILLING TO PROVIDE YOU WITH SERVICE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE.

This User Agreement (“Agreement”) governs the use of the www.wisconsincommonmarket.com (“Website”) online service (“Service”) provided by Western Dairyland Economic Opportunity Council, Inc. (“WDEOC”) d/b/a Wisconsin Common Market (“WCM”).  This Agreement applies regardless of how you access the Website, including without limitation, through the URL address http://www.wisconsincommonmarket.com or http://www.wcm1.com, electronic mail, or links from other sites.  WCM may modify this Agreement in its sole discretion.  The date of the most recent revisions will appear on this page.  Be sure to review this Agreement periodically to ensure familiarity with the most current version of the Agreement.   Your continued access of the site will constitute your acceptance of any changes to the Agreement.

YOUR USE OF THE WEBSITE

Your right to use the Service is personal to you.  You may not authorize others to use the Service.  You are responsible for all use of the Service by you and by those you allow to use the Service. 

WCM’s Services are only available to individuals who can form legally binding contracts under applicable law.  Only individuals who can form legally binding contracts under applicable law can submit their personally identifiable information to us and buy products listed on the Website. WCM does not authorize use of the Service by anyone under the age of 18.   Nor does WCM knowingly collect personally identifiable information from users under the age of 18. 

Your information or activities on this site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routine that may damage, intercept or expropriate any system or personal information.    You agree to use the Website only for lawful purposes, and you acknowledge that your failure to do so may be subject you to civil and criminal liability.

You agree not to disrupt, reverse engineer or modify the Website, or its associated software, hardware, or servers in any way. 

If you fail to abide by this Agreement, WCM may suspend or terminate your use of the Website, without notice, in addition to WCM’s other remedies. 

DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE   BASIS.  WCM MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT YOU OBTAINED FROM THIS SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICE, OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND, (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 

WCM EXPRESSLY DISCLAIMS ANY ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS OR PRODUCTS SHOWN ON THE WEBSITE.  Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you. 

IN NO EVENT SHALL WCM, ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING WITH RESPECT TO THE WEBSITE OR THE PRODUCTS SOLD ON THE WEBSITE.  WCM’s LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR PRODUCTS YOU PURCHASED ON THE WEBSITE OR (B) $100.00.  Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing disclaimer may not apply to you.  This warranty gives you specific legal rights.  You may also have other legal rights that vary from state to state. 

INDEMNITY

You agree to defend, indemnify and hold harmless WCM, its affiliates, employees, agents or licensors from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Website or your use of the products you purchased on the Website.

ACCURACY OF INFORMATION

WCM does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Website, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in connection with the Service.  You hereby acknowledge that any reliance upon any materials on the Website shall be at your sole risk.  WCM reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service. 

MONITORING

WCM shall have the right, but not the obligation, to monitor the content of the Website to determine compliance with this Agreement or to satisfy any law, regulation or authorized government request.  WCM shall have the right to record, store, and use all information you may enter for its own internal business purposes. 

ADDITIONAL TERMS

This Agreement constitutes the sole and entire Agreement between the parties.  This Agreement supersedes all prior understandings, agreements, representations, oral or written proposals, negotiations, conversations, discussions and documentation relating to the subject matter of this Agreement and all past dealing or industry custom.  This Agreement will be governed by the laws of the State of Wisconsin and any action regarding the breach of this Agreement must be brought in a state or federal court in Wisconsin.  The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.  If any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be limited to the minimum extent required.  The remainder of this Agreement shall remain in full force and effect.  The captions used in this Agreement are for convenience only and shall not control or affect the meaning of any provisions. 

FEDERAL DISCLOSURE

You agree to accept this disclosure online rather than on paper.  You may want to print this Agreement for your records. 

These provisions may work best as a click-through during the ordering process:

NO GUARANTEES OR REPRESENTATIONS MADE REGARDING BUYER OR SELLER

WCM makes no guarantees or representations of any kind with respect to participating Vendor Sellers and Buyers, including, without limitation, their fitness, or creditworthiness.

MERCHANTABILITY AND FITNESS OF PRODUCTS