This Terms of Use Agreement (“Agreement”) provides the terms and conditions by which you, as user, are bound by using this website and any associated portals, mobile applications, and platforms (collectively, “Website”). As used herein “MMS” shall collectively refer to Wisconsin Area Music Industry Awards Corporation and its managers, members, directors, officers, employees, volunteers, independent contractors, parent companies, subsidiaries, and affiliated companies. Use of the Website is provided by MMS subject to the following terms and conditions:

1. Access and Purpose. By accessing, browsing, and/or otherwise using this Website, you acknowledge that you have read, understood, and agree to be legally bound to this Agreement, which is effective from your first visit. You agree to use this Website only for lawful purposes. If you do not accept this Agreement or any of its component parts, please do not use this Website.
2. Representations and Warranties.
   • MMS does not make any representations, warranties, guarantees, or endorsements, express or implied, regarding this Website or any of the content contained on it, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Your exclusive remedy for dissatisfaction with this Website, for any reason, is to stop using the Website.

• • MMS does not warrant that this Website will be uninterrupted or free of errors. Your use of this Website is entirely at your own risk. MMS is not liable for ANY loss or damage, including property damage or personal injury, resulting from the use of this Website. MMS is further not liable for damage caused by malware, viruses, worms, Trojan horses, or similar malicious programs (collectively, “malicious technology”).
  • MMS makes reasonable efforts to minimize the risk of Malicious Technology transmitted from this Website, however, absolute Website or Internet security cannot be guaranteed. MMS further cannot control the actions of third parties and accepts no liability with regard to third parties. We recommend that you safeguard your personal computer and IT equipment before accessing and downloading information and files.

3. Modifications to Agreement. MMS may, at its sole and absolute discretion, change, alter, or modify this Agreement from time to time. Your use of the Website indicates your acceptance of the Agreement at the time of use, subject to any and all changes, alterations, and modifications. No other course of conduct between MMS and the user shall act to modify any provision of this Agreement. MMS further reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate this Agreement or access to all or any part of this Website, at any time, for any or no reason, without prior notice, and without liability.
4. Modifications to Website. MMS reserves the right, in its sole and absolute discretion, to change the content of the Website at any time without liability.
5. Website Content.

• • MMS has taken reasonable precautions to make sure the content of this Website is accurate and legally correct at the time of appearance. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any and all information contained on, or available through, this Website. MMS IS not liable for any loss or damage, including but not limited to, direct, consequential, special, or other damages, arising out of, or related to, your reliance on information contained on this Website, whether based on warranty, contract, tort, or any other legal theory.

1. • In the event you are accessing this Website from a jurisdiction that does not permit certain limitations of liability for negligence, incidental, or consequential damages, then your liability is limited to the greatest extent permitted by law.
   • If you believe the content of any of our pages is inaccurate, please contact us.

6. Third Party Websites. In the event that MMS provides links or references to other websites (“Third Party Websites”) it does not mean that we approve of or endorse the views and information contained on the Third Party Website. Such links or references are made strictly as a convenience to you. MMS does not make any warranties or representations, express or implied, and MMS is not responsible for, and shall have no liability in relation to, the content of any Third Party Website. MMS further does not guarantee the website security of any Third Party Website, including but not limited to whether such websites may contain Malicious Technology. MMS is not liable for property damage or personal injury, or for damage caused by Malicious Technology on Third Party Websites that may be linked or referred to on this Website.
7. Intellectual Property.

1. • All content appearing on this Website is protected by applicable copyrights, trademarks, service marks, trade secrets, patents, intellectual property, or other proprietary rights, regardless of whether registered, exclusively owned and controlled by MMS, in all forms, media, and technologies, currently existing or hereinafter developed (collectively, “Content”). MMS authorizes you to view and use the Content contained on this Website solely for your personal and noncommercial use, and no other purpose. You may copy or print Content for private, noncommercial purposes including educational purposes, however, you may not amend the content or use it for commercial purposes without MMS’S express written consent. By using this Website, you agree that you will not store, distribute, license, sub-license, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works, in whole or in part, of any Content appearing on this Website. Framing, inlining, and mirroring this Website are not permitted. You further agree to not assert any claims of ownership, create, or perpetuate any lien, or otherwise encumber any Content by virtue of your use of this Website. You may request permission to otherwise use or reproduce Content contained on this Website by emailing us here. MMS reserves the right, in its sole and absolute discretion, to grant or withhold any license to use any Content for any or no reason. If consent is granted, then attribution in subsequent use shall be attached in substantial form as follows: “Reproduced with permission from MMS.” In the event MMS discovers that its Content is being used without its consent or in a manner inconsistent with its established rights, MMS may make demands for removal to infringing party or applicable third parties, and may commence an action for all applicable actual and statutory damages or injunctive relief, as applicable.
   • In the event Content appearing on this Website contains the property of intellectual property owners other than MMS, MMS has secured applicable permission to use and reproduce such Content for its specific purpose from the original intellectual property owner. Such Content may not be further reproduced or used without the original intellectual property owner(s)’ written consent.
   • DMCA Agent for Copyright Complaints. MMS respects the intellectual property rights of others and attempts to comply with all relevant laws. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is: Michael Mann.

8. Prohibited Uses.

1. • No user may disassemble, decode, decompile, or otherwise reverse engineer the Website, including, without limitation, any interfaces or software comprising the Website.
   • No user may take any action that would impede or interfere with Website operation or otherwise alter Website content.
   • No user may use data mining or similar data gathering or extraction methods with regard to the Website or its donors.
   • No user may use the Website directly or indirectly in competition with MMS.

9. Conflicting Terms. If there is any conflict between this Agreement and rules or specific terms of use relating to specific material, then the latter shall prevail.
10. Communications with MMS. As part of your use of the Website, MMS may send you certain communication via e-mail or physical mail from time to time. Your agreement to receive such communications is a condition of your use of the Website pursuant to this Agreement.
11. Jurisdiction and Dispute Resolution. MMS is based in the United States. If this Website is being accessed outside of the United States, you are responsible for ensuring compliance with the laws and regulations of your specific jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without respect to its conflict of law provisions. In the event of any dispute arising out of this Agreement, venue shall be in Wisconsin, and you irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting therein. You further agree that any cause of action arising out of or related to the Website must be commenced by you within one (1) year after the cause of action accrues, otherwise such action is permanently barred.
12. Waiver. MMS’s failure to enforce strict performance with any provision of this Agreement does not constitute waiver of any provision or it right to constitute a waiver of its right to subsequently enforce any contractual provision.
13. Severability. In the event any portion of this Agreement is determined to be invalid or unenforceable, that invalid or unenforceable portion may be severed, and the remainder of the Agreement shall remain in full force and effect.
14. Entire Agreement. This Agreement contains the entire agreement between you and MMS and supersedes any and all preceding agreements, oral, written, or otherwise. Section headings are provided merely for convenience and shall not be given any legal import. This Agreement shall inure to the benefit of MMS’s successors, assigns, licensees, sub-licensees, parent companies, subsidiaries, and affiliated entities.