Effective as of March 1, 2021
A. Electronic Signature and Disclosure Consent Notice
2. YOUR USE OF THE WKKF PORTAL
A. Your Account and Information
To use the WKKF Portal, you must register for an account on the WKKF Portal website and provide information about yourself as prompted by the site registration form. As part of the registration for the WKKF Portal, you agree to accurately furnish all contact and other information requested by WKKF and notify WKKF immediately of any change in the information.
The WKKF Portal is designed for individual users. Where multiple individuals from the same organization use the WKKF Portal, each should have their own account. WKKF reserves the right to refuse or reject any request to create an account for any or no reason at WKKF’s sole discretion. You are solely responsible for the log-in information for your account. You will use reasonable care to protect the confidentiality of your log-in information for your account, and you will not share your log-in information for your account with any other person. You will be entirely responsible for the conduct of any person using the WKKF Portal or accessing your account using your log-in information.
B. License to Use WKKF Portal
C. Your Use of the WKKF Portal
By accessing or using the WKKF Portal, you agree that you will not use the WKKF Portal in any way that:
- is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that WKKF deems in its sole discretion to be inappropriate;
- may harm WKKF, its service providers, or any other person;
- violates or infringes the rights of anyone else;
- gains or tries to gain unauthorized access to the WKKF Portal or any WKKF website, the computers and networks of WKKF or any of its service providers, or WKKF’s user data, or that otherwise modifies or interferes with the use or operation of the WKKF Portal;
- imposes an unreasonable or disproportionately large load on WKKF’s or its service providers’ infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
- alters, damages or deletes any content provided by WKKF, or removes or modifies any copyright or other intellectual property notices that appear on the WKKF Portal;
- modifies, creates derivative works of, or copies any portion of the software code;
- contains computer viruses or other disruptive, damaging or harmful files or programs; or
In addition, you represent and warrant that:
- you have the right to provide to WKKF the information and other content that you provide using the WKKF Portal;
- you will only provide true, accurate and complete information on the WKKF Portal;
- you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph;
- you are at least 18 years of age, or the legal age of majority where you reside;
3. THIRD PARTY CONTENT; DISCLAIMERS
A. Third-Party Content
The WKKF Portal includes content provided by third parties, and it may also contain links to third-party sites (collectively, “Third-Party Content”). WKKF does not take responsibility for any Third-Party Content. You understand that WKKF has no obligation to, and generally does not, approve or monitor materials provided by third parties through the WKKF Portal, nor verify, make any representations or take responsibility for any third-party sites.
UNDER NO CIRCUMSTANCES WILL WKKF BE LIABLE IN ANY WAY FOR ANY THIRD-PARTY CONTENT OR ANY THIRD-PARTY SITES, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE TRANSMITTED VIA THE WKKF PORTAL.
B. Accuracy of Data
WKKF makes no warranties or representations as to the accuracy, completeness or timeliness of the materials or content provided as part of the WKKF Portal. WKKF assumes no liability or responsibility for any errors or omissions in the WKKF Portal. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any materials or content.
C. Security of Communications
WKKF is committed to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information. However, there is always some risk in transmitting information over the Internet. Because the WKKF Portal is provided through the Internet, you agree that when you use the WKKF Portal, your communications may be intercepted by others. For this reason, WKKF cannot guarantee the security and privacy of transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of the WKKF Portal by you. You agree that you will not hold WKKF liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
THE WKKF PORTAL IS PROVIDED “AS IS,” AND WKKF: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT REPRESENT OR WARRANT THAT THE WKKF PORTAL IS OR WILL BE ERROR-FREE, WILL BE CONSTANTLY AVAILABLE OR THAT ACCESS WILL BE UNINTERRUPTED, WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE WKKF PORTAL. USE OF THE WKKF PORTAL IS AT YOUR SOLE RISK. WKKF MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE WKKF PORTAL. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Neither WKKF, any of its employees or contractors, nor any other party involved in producing or delivering the WKKF Portal, shall be held liable for any improper or incorrect use of the WKKF Portal.
5. SUBMISSION OF FEEDBACK
If you submit a comment, suggestion or any other material (“Feedback”) to WKKF related to the WKKF Portal (excluding any illegal content), you hereby grant to WKKF a non-exclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free, assignable, sublicensable, transferable right and license to use, display, reproduce, modify and distribute the Feedback in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, WKKF will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner that WKKF may determine. By submitting Feedback, you represent and warrant to WKKF that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
6. OWNERSHIP OF INTELLECTUAL PROPERTY
7. LIMITATION OF LIABILITY AND INDEMNITY
A. Limitation of Liability
YOU AGREE TO RELEASE WKKF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE WKKF PORTAL. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
NEITHER WKKF NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WKKF PORTAL, EVEN IF WKKF OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, the WKKF Portal IS provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. APPLICABLE LAW
Any dispute arising out of your use of the WKKF Portal shall be resolved according to the laws of the State of Michigan, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of Michigan shall have exclusive jurisdiction over all claims.
9. SUSPENSION AND TERMINATION
A. Suspension or Termination by WKKF
WKKF reserves the right to modify, terminate and suspend the operation of the WKKF Portal without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
B. Cancellation of Account by You
You may choose to cancel your account at any time by contacting WKKF via the Submit Assistance request form available in the WKKF Portal or by calling our Concierge Desk at 269-969-2329. If you cancel your account, your information that was collected via the WKKF Portal may be deleted.
10. CONTACT US