Welcome to the WISH websites, located at https://internsdc.com/, http://www.internshipsdc.com/, http://thecongressional.com/, and http://www.wishwoodleypark.com/, http://www.internationalstudenthousingdc.com/ (each a “Site”; collectively, the “Sites”), and operated by WISH LLC (“WISH”). The following terms and conditions (“Terms”) govern your (sometimes referred to as a “visitor,” “user” or “you”) use of the Sites. By accessing, viewing, or using the content, material, or services available on or through the Sites, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use the Sites and must exit immediately.
If you have any questions concerning these Terms, please contact WISH by email at firstname.lastname@example.org, telephone at (202) 548-2720, or by post at 237 Massachusetts Avenue NE, Washington, DC, 20002.
- Informational Purposes Only. The information on the Sites is for informational purposes only. Without limiting anything else in these Terms or otherwise, WISH is not responsible for any errors or omissions in the Sites or Site Materials (as defined in Section 3 of these Terms).
- Application. In order to access certain content, services, products or benefits on the Sites, you may be asked to register with WISH or submit an application. As part of the registration and application processes, you must click to agree to these Terms. You may then be asked to select a user name and password, and to provide WISH with certain information about yourself including some types of personally identifying information, such as your name, address, educational institution, and other relevant personal information. You acknowledge and understand that your registration with, or submission of an application to, WISH does not in any way obligate WISH to perform any housing, internship placement, or other services on your behalf, and that the provision of any such services by WISH will be in WISH’s sole discretion and may besubject to additional terms and conditions (including, without limitation, the WISH House Rules, the WISH Residential Life and Housing Services License Agreement [ßHYPERLINK], and the WISH Internship Application Terms and Conditions [ßHYPERLINK]). You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by contacting WISH through one of the methods set forth above.
- Proprietary Rights. As between you and WISH, WISH owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Sites (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials areprotected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user andWISH, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Sites are proprietary to WISH or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the SiteMaterials in accordance with these Terms.
- Unauthorized Activities. You agree that you will not use the Sites for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export,copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with WISH; (c) attempting to gain unauthorized access to WISH’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Sites or any services provided through the Sites; (d) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (e) contacting any other user of the Sites who has requested not to be contacted; (f) stalking or harassing anyone; (h) any resale or commercial use of the Sites; (i) any collectionor use of any information posted on the Sites for any purpose other than your own personal use, including, without limitation, any purpose competitive to WISH or any commercial purpose, including marketing; (j) post content or items in an inappropriate or unsolicited category or area on the Site, including posting competing prices or making price offers in any user posts not looking for pricing information, or use your account for the purpose of redirecting traffic to another website; (k) any downloading or copying of the Site Materials for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; or (l) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Sites aimed at preventing or restricting the unauthorized use of the Sites or any of the Site Materials. You may use the Sites and the Site Materials consistently with these Terms. Any other use of the Sites or Site Materials, including but not limited to theaforementioned unauthorized uses, without prior written permission of WISH is strictly prohibited. You acknowledge and agree that the unauthorized use of the Sites or the Site Materials could cause irreparable harm to WISH and that in the event of such unauthorized use, WISH shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Materials Submitted to the Sites. Certain features of the Sites may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users of the Sites (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Sites and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to WISH, you grant WISH a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or posting on the Sites violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
- Third Party Web Sites and Content. The Sites are available for informational purposes only. The Sites may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Sites and the Site Materials and any other material or content on and made available through the Sites, is entirely at your own risk. WISH does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. WISH does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Sites.
- Disclaimer. WISH, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Sites. WISH reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. WISH cannot and does not review all communications,products or opportunities made available on or through the Sites, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Sites or the products or services made available in connection with the Sites, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with your use of the Site Materials and User Content, and that you may not rely on such Site Materials or User Content.
THE SITES, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. WISH AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITES, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITES, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, IS WITH YOU.
- LIMITATION OF LIABILITY. WISH AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESITES, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WISH HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WISH AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITES, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF WISH AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Sites or with any of these Terms, or feel WISH has breached these Terms, your sole and exclusive remedy is to discontinue using the Sites.
- Indemnification. You shall indemnify WISH and its directors, officers, employees, agents, contractors and licensors (“WISH Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Sites and your use of the Sites, the Site Materials or any services, product or data obtained through the Sites, your fraud, violation of law, negligence, willful misconduct, or any other use of the Sites, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Sites, except to the extent attributable to WISH, or any breach by you of these Terms and shall indemnify and hold WISH Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of WISH. WISH or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If WISH or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to WISH, subject to the right of WISH to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- Internet Security. WISH uses reasonable efforts to ensure that the Sites are generally available. However, there will be occasions when access to the Sites will be interrupted or unavailable. WISH will use reasonable efforts to minimize such disruption where it is within its reasonable control to do so. You agree that WISH shall not be liable to you for any modification, suspension or discontinuance of the Sites. You understand that the technical processing and transmission of any of the Sites’ content may be transferred unencrypted, and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Sites will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to WISH via the Sites or the Internet, including, for example, the personal information that you submit in connection with Section 2 of these Terms as a part of registration or along with your application.
- Complaint Procedures. If you believe that any content or postings on the Sites violate your intellectual property or other rights, please notify WISH by email at email@example.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Changes to these Terms; Termination. WISH reserves the right to, at any time, modify, alter or update these Terms. Your use of the Sites following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Sites before the change was made. It is the obligation of users visiting the Sites before the change to learn of any changes to the Terms since their last visit. WISH may suspend or terminate your account or your ability to use the Sites, or any services on the Sites, for failure to comply with these Terms, for providingWISH with untrue or inaccurate information about yourself, for infringement upon WISH proprietary rights, for any other reason whatsoever, or for no reason.
- Governing Law and Jurisdiction. These Terms represent the entire agreement between you and WISH with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the District of Columbia, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Sites, you consent and agree to (a) the exclusive jurisdiction of the federal and local courts located in the District of Columbia; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
- Miscellaneous. The Sites is controlled and operated from within the United States. Without limiting anything else, WISH makes no representation that the Sites, Site Materials, User Content, services, products, information or other materials available on, in, or through the Sites is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of WISH to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: October 10, 2013
Copyright © 2013 WISH LLC; All rights reserved.