Terms

These Terms of Use shall apply to all use of the TCNL's website, www.tcnl.bme.wisc.edu (the "Website"). In these Terms of Use, “we,” “us,” or “our” shall mean TCNL, and “you” or “your” shall mean visitor of this Website. By your use of the Website you agree to these Terms of Use. Please read them carefully. By using the Website, you agree that all agreements, notices, dis­closures and other communications that TCNL provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.

1. Governing Provisions.

These Terms of Use shall constitute the entire agreement with regard to your use of the Website, and shall be governed by and shall be construed according to the internal laws of the state of Wisconsin. Any conflicting, contrary or additional terms and conditions contained in any communication from you shall be of no force and effect. Neither the TCNL’s acknowledgment of particular communications from you nor our failure to object to conflicting, contrary or additional terms and conditions in communications from you shall be deemed an acceptance of such terms and conditions or a waiver of any of the provisions hereof.

TCNL attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications and descriptions will be corrected when discovered, and TCNL reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

TCNL reserves the right to make changes to these Terms of Use at any time by updating this Website. By using this Website, you agree to be bound by the Terms of Use in effect at the time of your use and purchase.

2. U.N. Convention.

The rights and duties of the parties hereunder shall not be governed by the provisions of the United Nations Convention on contracts for the international sales of goods.

3. Copyrights and Trademarks.

Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws and TCNL owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, reproduce, store, modify, remove, delete, augment, add to, publish, transmit, broadcast, circulate, distribute, download, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.

4. Exclusion of Consequential Damages and Disclaimer of Liability; Your Indemnity.

With respect to any and all breaches of these Terms of Use, TCNL’s liability shall in no event exceed the contract or sales price for the Services rendered by you.

TCNL SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO SERVICES RENDERED BY GLOWING MIND, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

Without limiting the generality of the foregoing, TCNL specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, loss of use of goods or any associated equipment, cost of capital, facilities or services, downtime, shut-down or slowdown costs, spoilage of material, or for any other types of economic loss. All the limitations and disclaimers contained in this paragraph and in the rest of these Terms of Use shall apply to claims of your customers or any third party asserted by you against TCNL for indemnity or contribution, as well as direct claims of you against TCNL. You shall indemnify TCNL against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys’ fees and other costs of defending any action) that Glowing Mind may incur as a result of any claim by you or others arising out of or in connection with your use of the Glowing Mind website not proven to have been caused solely by TCNL’s negligence.

5. Disclaimers and limitations of liability relating to use of the Website.

The Website is provided on an "AS IS," "as available" basis. Neither the TCNL nor our affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "Affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither the TCNL nor our Affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.

You agree that under no circumstances shall the TCNL or our Affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to TCNL records, programs or services.

TCNL may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. TCNL shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort.

6. Force Majeure.

TCNL shall not be liable for delay in performance of these Terms of Use when caused by a state of emergency, fire, flood or other casualty, governmental regulations, strikes, lockouts, labor disputes, accident, delays in transportation of workers or materials, or any cause or condition beyond the control of the TCNL.

7. Severability

If any provisions of these terms and conditions of sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any legal and enforceable provision hereof, which shall be construed as if such illegal and unenforceable provision(s) had not been inserted herein.

8. Assignment.

You may not assign your contractual rights under these Terms of Use to a third party.

9. Headings.

The paragraph headings used in these Terms of Use are for convenience only and do not form a part of these Terms of Use and no construction or inference shall be derived from them.

If you have any questions or concerns about these Terms of Use, please contact TCNL.