Terms of Use

Effective as of December 20, 2020

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON «SIGN UP» BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY WISCONSIN POWER PARTNERS, LLC AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE AND/OR UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.

This Terms of Use Agreement ("Agreement") is a legally binding contract between Wisconsin Power Partners, LLC (collectively, "WPP") and you (“You”), as a user of or subscriber to WPP’s Services. For the purposes of this Agreement, unless otherwise noted, all references to Wisconsin Power Partners LLC include www.wisconsinpowerpartners.com and WPP.

1. Definitions.

a. Services: WPP provides online services including, but not limited to: the WPP websites; business consulting; networking opportunities; networking events; and other services, which shall be referred to as the “Services.”

b. Wisconsin Power Partners LLC: includes the entities doing business as WPP, which are trade names of Wisconsin Power Partners, LLC, and which shall be collectively referred to as “WPP”.

c. Membership: WPP membership entitles a user or member to use the Services on a fee basis. Membership is available only to individuals for personal use.

d. Members: “Members” are individuals who pay a fee to use the Services.

e. Registered Non-Member: A Registered Non-Member is a user who is in the initial trial period. Registered Non-Members are bound by the same Terms of Use as Members.

f. Website/Application: The “Website/application” is the WPP website, including all mobile versions, apps, and other iterations.

2. Eligibility.

By registering on WPP, You represent and warrant that You are at least 18 years old. Membership for the Services is void where prohibited. By using WPP, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use your membership. You may not assign or otherwise transfer your account to any other person or entity.

3. Term.

This Agreement will remain in full force and effect while You use WPP and/or are a Member of WPP.

4. Termination.

You may terminate your membership at any time, for any reason, effective upon receipt of your written notice of termination by WPP customer support staff. WPP may terminate your membership for any reason, with or without explanation, with or without cause, effective upon sending a notice to your e-mail address provided at registration, or to any other e-mail address provided by You to WPP. If your membership with WPP is terminated due to your violation of this Agreement, or at your request, You will not be entitled to, nor shall WPP be liable to You, for any refund of unused fees for using WPP or its additional Services. Unused credits shall expire 365 days after their purchase date. Notwithstanding your membership being terminated, this Agreement will remain in full effect.

5. Prohibited Uses.

WPP is for the personal use of individual Members and/or Registered Non-Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/Application for any purpose. Illegal and/or unauthorized use of the Website/Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/Application, will be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. a. You must use the Services in a manner consistent with any and all applicable laws and regulations.

b. You shall not transmit any chain letters or junk email to other Members.

c. Although WPP cannot monitor the conduct of its Members outside of the Website/Application, it is also a violation of these rules for a Member to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, WPP reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which WPP deems appropriate in its sole discretion.

d. You may not collect data from WPP either from authorized and non authorized zones, through automated means (bots, spiders, scrapers or equivalent means), by establishing fake user accounts, by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on WPP. You may not collect data from WPP authorized zones by any other means, including manual collection of data. e. To ensure the quality of the Services provided, your communication through the Website/ Application may be recorded.

f. WPP reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this section 5 or any provision of this Agreement including, without limitation, removing the offending communication from the Services and terminating the membership of such violators.

6. Member-Generated Content Posted at WPP:

a. Member-Generated Content includes any and all content, messages, photos, videos, audio, and video calls, profiles and other content posted by Member using the Services (“Member-Generated Content”).

b. You understand and agree that WPP may, in its sole discretion, store for review and delete any Member-Generated Content that, in its sole judgment, may violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third party.

c. You are solely responsible for all Member-Generated Content that You publish or display (hereinafter, «post») via the Services and/or transmit to other Members.

d. By posting Member-Generated Content to any public area available through the Services, You automatically grant, represent and warrant that You have the right to grant to WPP an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Member-Generated Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

7. “Prohibited Content” includes, but is not limited to, Member-Generated Content that:

a. is patently offensive to the online community, such as any Member-Generated Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b. harasses or advocates the harassment of another person;

c. involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;

d. promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

e. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;

f. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

g. publicly displays inappropriate Member-Generated Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);

h. provides material about any person under the age of 18;

i. solicits personal information from anyone under 18;

j. provides any instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

k. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

l. engages in commercial activities and/or sales without WPP prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

m. contains copyrighted material.

WPP reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision including, without limitation, removing any offending communications from the Services and/or terminating the Membership of any violators.

8. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that your work has been copied and posted using the Services in a way that constitutes copyright infringement, please supply WPP's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located within the Services or Website/Application; your address, telephone number, and email address; a written statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

9. Warranties.

You hereby grant, represent and warrant that You will use the Services as directed in this Agreement and that You will not create any databases, websites, applications, software, legal entities and services competitive with WPP. You further guarantee and warrant that You will not use the Services for any commercial purposes, and/or send or receive funds through the Services, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Services. If You engage in such prohibited activities, your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

10. Proprietary Rights in Content.

WPP owns the copyrights, trademarks, service marks, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, trade names and other intellectual property and proprietary rights, and all other elements and components of the WPP website and app (“WPP Content”). WPP Content specifically excludes Member Generated Content. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the WPP Content in whole or in part except as expressly authorized in writing by WPP. WPP Content does not grant any express or implied rights in WPP Content to Members. All rights in and to WPP Content are retained and reserved by WPP Content. The terms “WPP,” “Wisconsin Power Partners, LLC,” and anything that identifies or distinguishes WPP from other goods and services are registered or unregistered trademarks of WPP (the "WPP Trademarks"). Except as otherwise permitted by law, You agree not to display or use in any manner the WPP Trademarks without WPP’s prior written consent.

11. Co-registration.

By becoming a Member, You agree that You might be registered on WPP partners websites/applications. By using their services, You agree with Terms and Conditions, Privacy Policy and other regulations, published on their websites/ applications.

12. Member Disputes.

You are solely responsible for your interactions with other WPP Members/Registered Non-Members. WPP reserves the right, but has no obligation, to monitor disputes between You and other Members/Registered Non-Members.

13. Calls, text messages, and email addresses.

By providing your phone number(s) and e-mail address, You confirm that the number(s)/address belongs to You and You expressly consent to receive non-marketing and marketing text messages or e-mails from WPP, at the telephone number(s)/e-mail that You provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will be visible to you and other WPP members. At any point you can opt out of having your phone number and email shared with WPP members, with the exception of WPP Administrators and Chapter Leadership.

• WPP will limit Messaging Frequency to no more than 20 messages a week;
• Messaging & Data rates may apply to any messages received by WPP;
• If You wish to stop receiving messages, reply “stop” to the received from WPP message (sms).

14. Privacy Policy.

Use of the Website/Application and/or the Service is also governed by WPP's Privacy Policy.

15. WPP Warranties and Limitations.

WPP provides the Services "as-is". WPP provides no express warranties, guarantees, or conditions related to the Services. To the fullest extent permitted by law, WPP disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, WPP does not warrant that the Services will be accurate, error-free, virus-free, or uninterrupted, or that the Services will meet any specific requirements of Member. WPP does not: (i) guarantee the accuracy, completeness, or usefulness of any information provided in connection with the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Services.

16. LIMITATION OF LIABILITY.

You acknowledge that WPP cannot provide the Services at a reasonable price without limiting its liability as set forth herein. As an express condition of your use of the Services, You agree to limit WPP's potential liability as set forth herein. This limitation of liability is a fundamental element of the basis of this Agreement between.

a. WPP shall have no liability for your use of the Services, including any personal information You may post through your use of the Services. WPP cannot and does not guarantee any particular result as a result of your use of the Services.

b. Under no circumstances will WPP or its affiliates be responsible for any loss or damage resulting from your use of the Services.

c. WPP cannot guarantee that each Member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement.

d. Under no circumstances will WPP or its affiliates be responsible for any loss or damage resulting from your use of the Services.

e. To the extent permitted by applicable law, WPP shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal or equitable theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Services or any part thereof) the Services. Without limiting the foregoing, You specifically acknowledge that WPP is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Members or third parties and that the risk of injury from the foregoing rests entirely with You. These limitations apply to any matter related to the Services and Website/Application; third-party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Services in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate Member for any losses, or fails its essential purpose; or even if WPP knew or should have known about the possibility of the damages.

17. Experts, Advertisers and Third Parties.

Users of WPP may identify themselves as “experts.” WPP does not independently verify the qualifications of experts, advertisers or third parties and does not warrant any services provided by experts, advertisers or third parties. WPP does not adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by an expert or advertiser or other third party.

18. Members.

WPP does not influence the relationships between Members of the Website/Application. Members may terminate their membership with WPP at any time. Deactivation of profiles of Members of WPP is governed by the following:

a. In the event a Member is no longer interested in the Services and requests a refund, WPP customer support administrators may review the correspondence between such Member and other Members. WPP shall have the right, in its sole discretion, to issue or deny a refund to the deactivating Member. Notwithstanding the above, WPP customarily issues no more than 10 credits back to a Member.

b. In the event a Member had requested his/her profile to be deleted from WPP, no other Member shall receive any information with respect to the deletion of such a Member's profile. Members are not be entitled to any refund with respect to correspondence with another Member who has deleted or deactivated his/her profile. However, WPP may, in its sole discretion, issue credits to a Member for correspondence with another Member who has deleted or deactivated his/her profile.

c. In the event, a Member had been reported for inappropriate activities, WPP may, at its sole and unfettered discretion, issue a partial refund to the Member who informed WPP of such other Member's inappropriate activity.

d. In the event that a Member is found on a scam site, or if WPP’ receives information concerning a Member's potentially illegal activities, WPP may delete such Member's profile from the Website/Application, in its sole discretion.

19. Rights of Registered Non-Members/Purchase of Membership/Additional Purchases.

Upon registering with the Website/Application using a coupon code, a Registered Non-Member shall have a specified period of time to purchase a membership («Trial Period»). During the Trial Period, You shall have access to the following Services:

a. Inclusion of your profile in WPP’s database and searchability by other Members;

b. Ability to make changes to your profile

c. Ability to read messages;

d. Ability to respond to messages from Members with a positive balance on the account;

e. Ability to purchase a membership;

f. Access to member forums;

g. Access to three free networking events;

h. Other services as deemed appropriate by WPP.

In the event You fail to purchase your membership during the Trial Period, your profile shall be de-activated, and You shall lose all access to the Services, provided however, that You shall retain the ability to purchase a membership at any time.

Upon purchase of a membership, a Registered Non-Member shall become a Member and shall have access to all Member privileges. All Services not included in the membership fee shall be provided at an additional charge. Your membership will continue indefinitely until You cancel. After your initial purchase of a membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price You agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at powerpartners.wi@gmail.com. If You cancel your membership, You may use your membership until the end of Your then-current membership term and your membership will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.

By purchasing the 1 (one) calendar months membership, You authorize WPP to charge your credit card, debit card or another payment method at such time and again, as your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications WPP sends to Your registered email address, the renewal membership will be at the same membership fee as when You first subscribed, plus any applicable taxes, unless WPP notifies you at least 7 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or another payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if You are notified that there will be an increase in the applicable membership fees. Upon the renewal of your membership, if WPP does not receive payment, You agree that WPP may either terminate or suspend your membership and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).

Membership fees are due in full and may not be segmented unless otherwise approved by WPP in written agreement.

By subscribing to our monthly membership, You will receive the following benefits:

a) A showcase of your account to all members during the membership period

b) The ability to upload your employment details, services, and other personal information

c) The ability to interact with other members

d) The ability to use our member forums

e) The ability to participate in our Member Referral Program

f) Other benefits as deemed appropriate by WPP.

Company reserves the right to deactivate a Member from any WPP service for any reason or no reason.

20. U. S. Export Controls.

Software from the Website/Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Website/Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

21. Dispute Resolution.

If a dispute arises from or related to this Agreement, either party may request to mediate the dispute by providing written notice to the other party. Within ninety (90) days of the receipt of such written request, the parties shall schedule a mediation, which may be conducted by phone or teleconference, with a mediator chosen by WPP. If the dispute is not resolved by mediation within ninety (90) days from the date of mediation, the Parties may proceed with arbitration. The Parties agree that mediation is a condition precedent to arbitration provided, however, that either Party may seek injunctive relief from any court having jurisdiction in the event that party is faced with immediate or irreparable concerns resulting from any actions or negligence of the other Party.

If the Parties are unable to resolve a dispute arising from or related to, this Agreement, or the breach thereof through mediation within ninety (90) days after the mediation, any remaining controversy or claim arising from or related to this Agreement, or the breach thereof, will be settled by final and binding arbitration in accordance with the Wisconsin Arbitration Act, which is found in Chapter 788 of the Wisconsin Statutes. Such arbitration shall be administered by the Judicial Arbiter Group and shall be held in Wisconsin, United States. The Arbitrator shall award fees and costs, including attorneys’ fees, to the prevailing party.

22. Indemnification of WPP.

You hereby indemnify and hold WPP and its affiliates, officers, agents, subsidiaries, partners, members managers, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Member Generated Content submitted, posted, transmitted, or made available by Member through the Services, (ii) Your unauthorized use of the Services, (iii) Your use of the Services to provide a link to other websites or to upload content or other information to websites, or (iv) Your violation of this Agreement, or (v) WPPs’ violation of any rights of another, including but not limited to, infringement of copyright or other intellectual property rights.

23. Miscellaneous Clauses

a. Electronic Form. By accessing the Services, You agree to have this Agreement provided to You in electronic form. WPP recommends that You print a copy of this Agreement or otherwise save this Agreement for your records.

b. Notices. If WPP must send You additional information regarding the Services, or in connection with this Agreement, You consent to receive this information electronically. WPP may provide required information to You by email at any address You registered with WPP or through the Services. Notices provided to You via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. WPP is not obligated to notify You of changes made to this Agreement, so please check the terms regularly.

c. Forum and Jurisdiction. This Agreement is governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Madison, Wisconsin. You irrevocably consent to the jurisdiction of the courts in Madison, Wisconsin.

d. Additional Rights and Obligations. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party's failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party's rights to act subsequently. Members may not assign rights or delegate any duties under this Agreement. WPP may assign rights or delegate duties under this Agreement in connection with a merger, reorganization, or sale of substantially all of its assets. This Agreement will bind successors and permitted assigns.

e. Entire Agreement. The Terms of Use (along with the Privacy Policy) constitutes the entire agreement between You and WPP and governs your use of the Services, superseding any prior agreements between You and WPP (including, but not limited to, any prior versions of the Terms of Use).