Terms of Service

COLE Publishing, Inc. & COLE, Inc. ("COLE") Internet Terms of Service

COLE Publishing, Inc. SERVICE USER AGREEMENT

Terms of Service is the contract between you and COLE Publishing, Inc. (“COLE”) when you use COLE sites, services, and products. You should read this carefully before you use COLE sites.

Using our Service, User Conduct, and Your Content

Anything you post on COLE sites is public.

Posting any content or use of our service(s) to do anything illegal or malicious is strictly forbidden.

If any of your content or use is illegal or malicious, we are not responsible. You are 100% the responsible party for your content.

Do not hack, attack, or copy our Service.

We may remove your content or terminate or suspend your account at our sole discretion at any time.

Privacy

We are committed to privacy, and will make reasonable efforts to protect your personal information. You should review our privacy policy for more details as to how we may use and disclose your information, and how to correct any information.

You can help protect yourself by not posting personal information.

Copyright Policy

COLE respects the intellectual property rights of others and expects users and contributors to do the same. We will respond to notices of alleged copyright infringement where necessary as set forth in our copyright policy.

Your Content

You own the content that you provide to COLE. However, COLE may modify, distribute or use that content in a variety of ways. For example, your content may be formatted or combined with other content to create a feature or customized article, or selected to be featured on the COLE site, or on another partner site by a staff member or editor.

Warranty, Disclaimer, Limitations of Liability, Other Legalese

These are the terms under which we provide you utilize services provided by COLE (this represents a legal contract between you and us – so please read it carefully).

Any and all COLE website(s) and our services, domains, products, content and applications (collectively the “Service”) are operated by COLE Publishing, Inc., a Wisconsin company (“COLE”, “we” or “our”).

THESE TERMS OF SERVICE (THE “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND COLE. BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR DOWNLOAD, OR BY OTHERWISE ACCESSING THE SERVICES OR SUBMITTING CONTENT TO US, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, AND THAT YOU HAVE READ OUR PRIVACY POLICY. If you do not agree with this Agreement, please do not continue the registration/download process of use the Service.

No individual under the age of 18 may use the Service or supply us with their personal information. You otherwise may only use the Service if you can form a binding contract with COLE and are not legally prohibited from using the Service. You agree to this Agreement on behalf of yourself and, at your discretion, on behalf of a minor child over the age of 18 for whom you are a parent or guardian and who you have authorized to use the account you create on the Service. Parents and guardians of users under the age of 18 will be responsible for their minor user’s use of the Service and any violation of this Agreement.

If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

ACCESSING THE SERVICE

To use our Service you will need a compatible device, including compatible operating system, as well as internet or mobile service connectivity. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your device). We may modify this Agreement and the Service as set forth below in the Section entitled "Modification/Termination."

You agree to comply with all applicable laws and to respect third party rights in your use of our Service.

ACCOUNTS, REGISTRATION, CANCELLATION

In order to register, sign up or otherwise apply for a COLE account, service or product, you will need to complete the registration process by providing us with complete and accurate information as we request in the registration process. You are responsible for keeping your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, we may ask you to choose a user name and password, and you are also responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account, and agree that we are not liable for any loss that you may incur as a result of someone else using your password or account.

We may suspend or terminate your account and/or suspend our Service to you if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach this Agreement in any way or for any other reason we determine in our sole discretion. You may cancel your account at any time by notifying COLE.

PRIVACY

You acknowledge and agree that the information that you submit to COLE, communications to COLE, postings, links, pictures, and other content is submitted for the purpose of disclosure in a variety of ways by COLE and its affiliates, partners and service providers. We take your privacy seriously. Please review the COLE Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of your personal information. By using any part of the COLE Service, you acknowledge that you have read the COLE Privacy Policy.

LICENSE TO SERVICE

Subject to all of the terms and conditions of this Agreement, COLE hereby grants you a limited, personal, private, non-commercial, non-exclusive, non-transferable, non-assignable, revocable right to use the Service. All rights not expressly granted to you are reserved.

USER MATERIALS

We do not control and are not responsible for any information or other materials delivered through our Service by you or other users, including without limitation all video, audio, photographs, images, illustrations, animations, logos, names, tools, written posts, replies, comments, information, data, text, software, scripts, executable files and graphics (collectively, “User Materials”). If you submit content to us by any means (via on-line submission, e-mail, etc.) for use on our Service, these terms apply unless we otherwise agree in writing.

You retain ownership of all intellectual property rights in your User Materials, and third parties retain all ownership of all intellectual property rights in their User Materials.

Your License to COLE

When you transfer User Materials to COLE through the Service (or otherwise transfer them to us for use on the Service), you give COLE and its designees a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of such User Materials. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service, and allowing COLE to develop new Services.

You also agree that this license includes the right for COLE to make all User Materials available to third parties selected by COLE, so that those third parties can distribute and/or analyze such User Materials on other media and services. For example, we may license a feed of already-publicly-available User Materials to a partner, similar to how Twitter makes feeds available through its streaming API.

Note also that this license to your User Materials continues even if you stop using the Service, or terminate this Agreement, primarily because of the social nature of User Materials shared through the Service – when you post something publicly, others may choose to repost or comment on it, making your User Materials part of a social conversation that cannot later be erased without retroactively censoring the speech of others.

Always remember: When you make something publicly available on the Internet, others can copy and share it, meaning it could become practically impossible to take down all copies of it.

You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all User Materials you submit to the Service.

Upon Termination, Deactivation and Deletion

Following termination or deactivation of your account, or if you remove any User Materials from COLE, we may retain your User Materials for a commercially reasonable period of time for backup, archival, or audit purposes subject to our Privacy Policy and applicable data privacy laws, to the extent that User Materials or aspects thereof constitute personal data. Furthermore, COLE and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Materials that we or other users have stored or shared through COLE.

Suggestions

Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that COLE, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

USER CODE OF CONDUCT AND CONSEQUENCES

In accessing and using our Service, you must follow the following content guidelines. Please take a moment to read through these documents. In addition, you agree that you will not:

  1. use the Service for any commercial or illegal purpose or to harm minors in any way;
  2. use the Service to violate any law or legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is fraudulent, harassing, libelous, defamatory, abusive, tortious, threatening, or harmful;
  3. post any content that is illegal, abusive, offensive, pornographic, obscene, defamatory, slanderous, or otherwise harmful;
  4. use the Service to invade the privacy of, or obtain personal information about, any user, or to obtain a list of users, or to access or use any user’s User Materials in a manner not authorized by such user through the Service;
  5. engage in any activity designed to circumvent the Service limitations, or conspiring with others to circumvent the Service limitations, including any attempt to circumvent technological measures employed to control access to, or the rights in, any part of the Service.
  6. remove any proprietary notices or labels on the Service;
  7. except as expressly permitted by COLE in writing, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, damage, transfer, sell, rent, lease or otherwise assign any part of the Service or information contained on any COLE or third party servers;
  8. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from our Service without our prior written consent;
  9. use the Service to spam, post or transmit any unsolicited advertising, campaigning or promotional materials or to send any User Materials from an anonymous or false address, or to post or transmit any personal information, including without limitation phone numbers, social security numbers, account numbers, addresses, credit information or employer references;
  10. disrupt the Service, or access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by COLE (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution), or modify, reverse engineer or decompile the Service;
  11. distribute any software viruses or other computer code designed to interfere with the functionality of the Service or any computer systems, software or hardware;
  12. use any data mining, robots, or similar data gathering, spoofing, phishing or extraction tools in connection with the Service or access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by COLE (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with COLE, or unless permitted by COLE’ robots.txt file or other robot exclusion mechanisms;
  13. impersonate any person or to mislead other users or third parties as to your identity or to the origin of a message or content (e.g. by forging TCP-IP or e-mail headers);
  14. frame or link to the Service or User Materials except as expressly permitted in writing by COLE; or
  15. use the Service to analyze its features or functionality for purposes of creating a commercial service, or in any way to create a competitive service, or to contact any users, partners or advertisers except as require to use the Service as contemplated in this Agreement.

COLE reserves the right, in its absolute discretion, to determine if your Service account registration and your submission of content or other materials is made from a legitimate and valid account and whether your conduct on the COLE Service complies with the provisions of this Agreement. You will follow all posted usage instructions and rules that COLE may provide for the Service from time to time.

If we conclude you are violating these policies or the Agreement, you may receive a notice via email. If you don’t explain or correct your behavior, your account may be suspended and/or your IP address may be blocked. We reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies don’t create a duty or contractual obligation for us to act in any particular manner.

You are solely liable for all User Materials delivered to our Service using your account. Any violation of these provisions may subject your account to termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials on our Service will not violate the rights of any third party.

While we want to provide a quality experience, you may from time to time run into objectionable content when using the COLE Service. If you are aware of any User Materials which violate this Agreement, please contact us via any of the multiple means provided on our webpage(s). Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and we will only remove User Materials if we believe that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”

We care about the security of our users. While we work to protect the security of your content and account, COLE cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. Do your part by choosing a secure password, keeping it safe (no sharing), using anti-virus software (and keeping all of your software up to date), and by being careful about what e-mail attachments you open.

The information and opinions expressed in User Materials are not necessarily those of COLE or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk.

CONTESTS, REWARDS PROGRAMS, AND OTHER COLE SERVICES

Certain services or features may be governed by additional terms presented in conjunction with those products or services. For example, if we offer a rewards program, sweepstakes or contest, there may be additional rules governing the program, sweepstakes or contest. By accessing or using any of those services or features, you agree that you will be bound by the additional terms relating to those services or features.

DISCLAIMER OF WARRANTIES

Your use of the Service and any User Materials is at your own risk. ALL USER MATERIALS, INFOMRATION, SOFTWARE, PRODUCTS, CONTENT, AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH OUR SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. COLE, AND ITS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICE (THE “COLE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR USER MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND SERVICES, PROVIDED IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COLE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

We do not warrant or make any representations that the Service will meet expectations or deliver certain results, be error-free or uninterrupted, that defects will be corrected, or that our Service will be free of viruses or other harmful components. The COLE Parties are not responsible for any failure to access or use our Service or any failures caused by server errors, misdirected or redirected transmissions, failed internet or telephone connections, lost, interrupted or unavailable connections of any kind, miscommunications or failed transmissions of data, or any computer virus or other technical defect or error relating to our Service. No advice or information, whether oral or written, obtained from COLE or through the Service, will create any warranty not expressly made herein.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, so some of the above disclaimers, exclusions and limitations may not apply to you. In those jurisdictions, the COLE Parties’ liability will be limited to the fullest extent permitted by law.

LIMITATIONS ON LIABILITY

In no event will the COLE Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of our Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained in our Service or any materials or content obtained through our Service; (vi) any transactions entered into through our Service, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of our Service, including any site to which the Service provides hyperlinks; or (viii) damages otherwise arising out of your use of our Service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if any COLE Party has been advised of the possibility of damages. IN NO EVENT SHALL THE COLE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE TO WHICH THE LIABILITY IS RELATED. TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT SUCH A LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICE, YOU AGREE THAT COLE DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless the COLE Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or otherwise arising in any way out of your use of our Service. You agree to cooperate fully with the COLE Parties in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

MODIFICATION/TERMINATION

We reserve the right, in our sole discretion, to modify, suspend, or terminate our Service, at any time for any reason with or without notice. If your account is canceled, suspended or terminated, you will no longer be authorized to use our Service, but you will still be bound by this Agreement, including the licenses and warranties made by you, and by the disclaimers and limitations of liability. COLE shall not be liable to you or any third party for any modification, suspension or termination of our Service or your access to our Service.

If you have created an account with us, we will use commercially reasonable efforts to attempt to inform you of any modifications to this Agreement or the Service that materially affect (a) your obligations to us or, (b) any paid elements of the Service that you are then receiving. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the Service, or by such other method as we reasonably believe will reach you. If you do not agree with any such modifications, your sole remedy is the termination of your account, which you may request by either selecting that option within the Service (if available) or contacting us by any available means. Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement or the modified Service.

If you have not registered and do not have an account, any modifications to this Agreement or the Service will be effective as to you upon COLE’ posting of the new terms and/or upon implementation of the new changes on the Service, and your continued use of the Service after any modifications indicates your acceptance of the modified Agreement or the modified Service.

Unless expressly stated otherwise by COLE, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to this Agreement. Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade that Service, and this Agreement will apply to such upgrades.

EXTERNAL SITES

Our Service may contain links to external third-party sites or services that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control or monitor, and are not responsible for, these third-party sites or services, including any privacy policies or practices governing such sites and services. We make no representations regarding, and are not liable for, the accuracy, completeness, timeliness or availability of any of the content, products or services displayed, distributed, or otherwise made available at these sites and services. If you access any third-party site or service, you do so at your own risk, and your use of that site or service is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site or service does not mean that we endorse, sponsor, or recommend the third party or the content, products, or services contained on, or available through, such third-party site or service.

VOTING/RATING FEATURES

If we provide any voting/rating features through our Service, we may have instructions and limitations for submitting your votes/ratings. It is important that you follow those instructions. We reserve the right to disqualify any votes/ratings we receive from you in excess of any stated limitation. Also, in order to uphold the integrity of the vote/ratings, payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. We are not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating this Agreement, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

We may display or link to advertisements for the goods and services of a third party on or through our service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or warrant, and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through our site, app or service.

INTERNATIONAL USE/EXPORT CONTROLS

Accessing materials through our Service by certain persons in certain countries may not be lawful, and we make no representation that materials provided through our Service are appropriate or available for use in locations outside the United States. If you choose to access our Service from outside the United States, you do so at your own risk, and you consent to the transfer, storage, and processing of your information, including but not limited to User Materials and any personal information, to and in the United States and/or other countries.

You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

CLAIMS AND ARBITRATION

This section includes a mandatory arbitration provision for certain claims. This section does not apply to consumers who are resident in the EU. The claims to which this section applies are described below. This section limits your rights. Specifically, you understand that you and COLE are waiving the right to sue in court and have a jury trial for certain claims.

Any action hereunder by you must be brought, if at all, within one (1) year from the accrual of the cause of action.

You agree that the all disputes and claims arising out of, or relating to, this Agreement, the Service, your use of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or COLE, shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of COLE or any of its third party licensors with respect to any User Materials and/or Service, or your (or any third party’s) misuse of the User Materials and/or Service. Except as provided herein, the arbitration shall be conducted under the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and Supplementary Procedures for Consumer Related Disputes before a panel of three arbitrators and conducted in Los Angeles, California. You and COLE also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Except as expressly set forth above in this paragraph, you and COLE may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of COLE, or user of the COLE Service, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and COLE); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and COLE).GOVERNMENT END USERS

If the Service and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Service is deemed to be “commercial software” as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for “restricted computer software.” All other terms and conditions of this Agreement apply.

GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between you and COLE and governs your use of the Service, superseding any prior agreements between you and COLE with respect to the Service. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind COLE in any respect whatsoever. With respect to your use of other authorized COLE services, affiliate services, affiliate devices or equipment, third-party content, third-party software, you also may be subject to additional terms and conditions.

Remedies. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate COLE ‘s or any of it licensors’ intellectual property rights, or may cause continuing or irreparable harm to COLE or its licensors (including, but not limited to, any breach that may impact COLE’ or it’s licensors’ intellectual property rights, or a breach by reverse engineering), COLE may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that COLE may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. To the extent permitted by law, you understand and agree that your termination of your use of the Service is your sole right and remedy with respect to any dispute with COLE. You can terminate your use of the Service by delivering notice to info@colepublishing.com

Assignment. This Agreement is personal to you. You may not assign or otherwise transfer your rights or delegate your obligations under this Agreement, in whole or in part, without COLE’ prior written consent. Any attempted assignment by you shall be null and void. COLE may assign its rights and obligations under this Agreement at its sole discretion.

Choice of Law and Forum. This Agreement and the relationship between you and COLE shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. If you are a consumer residing in an EU Member State, you will also have the protection of mandatory provisions of consumer law in your country of residence. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. Except for claims or disputes to the extent arbitrated as provided above, you expressly agree that the state and federal courts located in Los Angeles, California have exclusive jurisdiction over any claim or dispute with COLE or relating in any way to your account or your use of the Service. For residents of an EU Member State, you may resolve your claim before the courts in your country of residence. Except for claims or disputes to the extent arbitrated as provided above, you further agree and expressly consent to personal jurisdiction over you in the federal and state courts located in Los Angeles, California in connection with any such dispute including any claim involving COLE or the COLE affiliates.

Waiver and Severability of Terms. The failure of COLE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions concerning this Agreement or our Service, please contact us.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

Our Service, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, COLE and COLE logos, titles, characters, names, and other published materials (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by COLE or by other parties that have provided rights thereto to COLE.

You agree that you will not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through our Service, in whole or in part, without our express written permission.

Trademarks. Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of COLE and/or its affiliates and licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of our website, or frame our website, or any web page or material contained within our Service, nor may any entity include a hyperlink to any aspect of our Service in an email for commercial purposes, without our express written permission.

Copyright Infringement

We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. A copy of the DMCA is available here: http://www.loc.gov/copyright/legislation/dmca.pdf. By submitting any User Materials to our Service you are granting permission to have such User Materials posted on our website, our app and/or via any other of the media channels, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. We reserve the right to remove access to infringing material. Such actions do not affect any other rights we may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please send us written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached for purposes of providing written Notifications by regular mail:

COLE Publishing, Inc.
Attn: Copyright Agent
PO Box 2707
Eagle River, WI 54521

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification should include the following:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that COLE is capable of finding it and verifying its existence.
  3. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

After removing material pursuant to a valid DMCA notice, COLE will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. COLE reserves the right, in its sole discretion, to immediately terminate the account of any user who is the subject of repeated DMCA notifications.

Submitting a DMCA Counter-Notification:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with COLE by providing the following information to the Designated Agent at the address below:

  • The specific URLs of material that COLE has removed or to which COLE has disabled access.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Your signature.

Upon receipt of a valid counter-notification, COLE will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If COLE does not receive any such notification within ten (10) days, we may restore the material to the Service.

For counter notifications, contact the Designated Agent by regular mail:

COLE Publishing, Inc.
Attn: Designated Copyright Agent
PO Box 2707
Eagle River, WI 54521

Last updated: October 13, 2023