Community Agreement

Welcome

The Shepherd Express welcomes you to ExpressMilwaukee.com. By using our site, you agree to abide by the terms of this Community Agreement and the ExpressMilwaukee.com Privacy Policy. These are legally binding agreements between you and us; please read them carefully. When using ExpressMilwaukee.com, you also are subject to our Community Rules, and may be subject to other posted guidelines or rules applicable to certain services available on our site. All such guidelines and rules are part of this Community Agreement and you agree to them by using ExpressMilwaukee.com.

Because the Web is an evolving medium, we may need to change the terms of this Community Agreement from time to time, in which case we will post the revised Community Agreement on this site. By continuing to use the ExpressMilwaukee.com Web site after we post any such changes, you accept the Community Agreement as modified. We may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time.

If you are an owner of intellectual property who believes your intellectual property has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify us. Click here for instructions to do so.

Description of Service

ExpressMilwaukee.com provides registered members of the ExpressMilwaukee community and other visitors to our site with access to a collection of information and services pertaining to local communities in which ExpressMilwaukee.com operates. ExpressMilwaukee.com also includes third-party advertisements, which make it possible for us to provide the ExpressMilwaukee.com services.

Registration and Posting

To post information or comments on the ExpressMilwaukee Web site, or to obtain access to certain ExpressMilwaukee services, you must become a registered user of the site. In our registration process, you will be required to provide your name, e-mail address, zip code and age. You also will be asked to select a member name and a password. You agree that the information you supply during the ExpressMilwaukee registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any member account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account.

We reserve the right to reject or terminate the use of any member name that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your ExpressMilwaukee.com password and account, and are responsible for all activities that occur under your password and account. If you discover or suspect any unauthorized use of your password or account, or any other breach of security, you agree to immediately notify our Customer Service Manager. We may terminate any member account that is inactive for an extended period of time.

We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 13 to register to use the Service.

From time to time, we may establish general practices, limits, or restrictions concerning the use of our site and the posting of information, comments and other materials by registered members of our community. We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by an ExpressMilwaukee.com member, or for ExpressMilwaukee’s failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.

You will be solely responsible for any and all content of whatever nature that you post on, transmit via or link to from the ExpressMilwaukee site.

We have the right (but not the obligation), in our sole discretion, to screen content submitted by our members and to edit, move, delete, and/or refuse to accept any content that in our judgment violates this Community Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Source and Ownership of Information Displayed on This Site

Virtually all of the information contained on the ExpressMilwaukee.com site is created by its members. We generally do not review content submitted by our members before it appears on our site; there’s just too much of it. While we urge our members to post only accurate information, we cannot guarantee that member postings are accurate, impartial or objective, and we make no assurances or representations as to the veracity of our members or the quality of the information posted to our site. We urge you to use common sense and good judgment in deciding whether to rely on the information contained on ExpressMilwaukee.com. You understand that you must personally evaluate, and that you bear all risks associated with the use of, any content you find on ExpressMilwaukee.com, including any reliance on the accuracy, completeness or usefulness of that content.

Although we make this Web site freely accessible, we do not give up our rights, or anyone else's rights, to the materials appearing on the site. We do not claim ownership of individual postings, comments, text, photos or other content or materials posted by our members, but all other materials available through this Web site are the property of us or our licensors, and are protected by copyright, trademark and other intellectual property laws. In addition, content displayed on or through our site, whether posted by members or provided by us or our licensors, may be owned both by the person who created or licensed that content and by us as part of a collective work and/or compilation under U.S. and international copyright laws and treaties. You are free to display and print for your personal, non-commercial use information you find on our site, but you may not otherwise reproduce or distribute copies of any of these materials in any form (including by e-mail or other electronic means, except through our “E-mail to a Friend” feature) without the prior written consent of the owner. Of course, you’re free to encourage others to access the information themselves on our site and to tell them how to find it. You may not use any trademark or service mark appearing on this Web site without the prior written consent of the owner of the mark. ExpressMilwaukee™ and Shepherd Express™ are trademarks of The Shepherd Express

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by us. However, you may not frame any of the content of this site without the prior written permission of ExpressMilwaukee. Requests for permission to frame our content may be sent to our Customer Service Manager.

You may not decompile or disassemble reverse-engineer or otherwise attempt to discover any source code contained in the ExpressMilwaukee.com service.

ExpressMilwaukee does not claim ownership of content that you create and submit or make available on the service. However, if you post text or comments on ExpressMilwaukee.com, you grant ExpressMilwaukee a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, publicly perform, distribute, display, and create derivative works based on such content throughout the world in any media, and to incorporate such content into other works in any format or medium now known or later developed, for any purpose. If you post photos, graphics, audio or video on ExpressMilwaukee.com, you grant ExpressMilwaukee the license to use, adapt, publicly perform and publicly display such content on ExpressMilwaukee.com.

By posting content to ExpressMilwaukee.com, you represent and agree that (i) you are the owner of the content, or otherwise have the right to post such content to this site, (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, and (iv) you will indemnify ExpressMilwaukee for any claims resulting from content that you submit to the site.

Classified Ads and Business Listings

ExpressMilwaukee.com offers private individuals the opportunity to place classified ads on the ExpressMilwaukee website and offers businesses the opportunity to place and/or enhance Business listings. Placement of classified ads and placement and enhancement of Business listings is governed by this Community Agreement, including the following specific terms:

You represent and warrant that no classified ad you post on ExpressMilwaukee.com and no Business listing you post (nor any enhancement you post to an existing listing) (a) will violate any applicable law, rule or regulation (including, but not limited to, any law relating to false or deceptive advertising), (b) will be libelous, nor (c) will it infringe any right of any third party, including, but not limited to, any contractual right, copyright, trademark or trade secret right or any right of privacy or publicity. You will indemnify and hold ExpressMilwaukee, its affiliated entities and its employees harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with (x) any breach or alleged breach of this warranty, and/or (y) any classified ad you post, any Business listing you post, or any enhancement you post to an existing listing.

THE AGGREGATE LIABILITY OF EXPRESSMILWAUKEE.COM ARISING OUT OF ANY CLASSIFIED AD YOU POST OR ATTEMPT TO POST ON EXPRESSMILWAUKEE.COM, ANY YELLOW PAGES LISTING YOU POST, AND ANY ENHANCEMENT YOU POST TO AN EXISTING LISTING WILL BE LIMITED TO THE AMOUNT YOU PAID TO EXPRESSMILWAUKEE, IF ANY, WITH RESPECT TO THE AD(S) AND/OR LISTINGS OUT OF WHICH THE CLAIM ARISES OR THE DISPLAY OF THE RELEVANT AD OR LISTING AT A LATER TIME, AT EXPRESSMILWAUKEE'S DISCRETION. OTHERWISE, EXPRESSMILWAUKEE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED BY OR ARISING OUT OF EXPRESSMILWAUKEE'S FAILURE TO DISPLAY ANY CLASSIFEID AD OR ANY YELLOW PAGES LISTING, OR THE MANNER IN WHICH ANY SUCH AD OR LISTING IS DISPLAYED.

Your Responsibilities

You agree to use our Web site in accordance with this Community Agreement, including our Community Rules, and our Privacy Policy.

If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment (or, in the case of a “Community Guide” posting, edit the post). If you see something on the site that you believe violates this Community Agreement, interferes with the ability of others to enjoy the site, or is otherwise objectionable, click the “Report Misconduct” link on that page or please notify our Customer Service Manager.

Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between members of this site, or between a member and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other members, you release ExpressMilwaukee, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site.

By using our site, you agree that you will not post or otherwise make available any content or material that:

• is profane, sexually explicit, tortuous, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy ExpressMilwaukee.com;
• harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• harms minors in any way;
• impersonates any person or entity, including, but not limited to, a ExpressMilwaukee employee or another ExpressMilwaukee.com member, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
• includes personal or identifying information about another person without that person's explicit consent;
• is false, deceptive, misleading, deceitful or misinformative;
• is non-local or otherwise irrelevant;
• infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
• you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the ExpressMilwaukee.com Web site or any computer software or hardware or telecommunications equipment;
• interferes with or disrupts the ExpressMilwaukee.com service or servers or networks connected to ExpressMilwaukee.com, or disobeys any requirements, procedures, policies or regulations of networks connected to the ExpressMilwaukee.com;
• intentionally or unintentionally violates any applicable local, state, national or international law;
• provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

You further agree that you will not:

• contact anyone who has asked not to be contacted;
• engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other members of the community.
• collect personal data about, or the e-mail addresses of, other ExpressMilwaukee.com members for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
• repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• take or cause to be taken any action that disrupts the normal flow of postings and dialogue on ExpressMilwaukee.com (such as submitting an excessive number of messages – i.e., a flooding attack), or that otherwise negatively affects other members' ability to use the ExpressMilwaukee.com site and/or services;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from ExpressMilwaukee.com. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Community Agreement.

External Links

ExpressMilwaukee.com may contain links to other Web sites that are not owned or operated by ExpressMilwaukee and are separate and independent from our site. Visiting such other Web sites from ExpressMilwaukee.com is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another Web site does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.

Disclaimer of Warranty; Limitation of Liability; Indemnification

We work hard to make this Web site useful to members of our community. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Web site.

NO WARRANTIES: YOU AGREE THAT USE OF THE EXPRESSMILWAUKEE.COM WEB SITE (“EXPRESSMILWAUKEE SITE” OR “SITE”) AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY EXPRESSMILWAUKEE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPRESSMILWAUKEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSMILWAUKEE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE EXPRESSMILWAUKEE SITE.

LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL EXPRESSMILWAUKEE OR ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF EXPRESSMILWAUKEE AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO EXPRESSMILWAUKEE FOR THE USE OF THIS WEB SITE.

INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EXPRESSMILWAUKEE, ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE EXPRESSMILWAUKEE.COM SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

We reserve the right to terminate the member account of, and to restrict or deny access to our Web site or any service provided via our Web site to, anyone who violates this Community Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.

The ExpressMilwaukee service may be transmitted to you over various networks, and any content that you contribute may be modified to comply with this Community Agreement or to conform and adapt to our technical requirements and those of connecting networks or devices.

You are solely responsible for obtaining access to ExpressMilwaukee.com, and you must provide and be responsible for all equipment needed to access ExpressMilwaukee.com.

Our failure to exercise or enforce any of our rights or to enforce any provision of this Community Agreement will not constitute a waiver of such right or provision. If any provision of this Community 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 that all other provisions of the Community Agreement will remain in full force and effect.

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

Choice of Law and Forum

Any dispute of any sort that might arise between you and ExpressMilwaukee.com will be governed by the laws of the United States and of the State of Wisconsin, without regard to its principles of conflict of laws. You and ExpressMilwaukee submit to the exclusive jurisdiction of the state and federal courts in the Eastern District of Wisconsin.

Feedback

We welcome your questions or comments about this Community Agreement or our Web site, and also welcome any suggestions you may have for improvement of our site. Please send your feedback to Customer Service Manager.