WINSYSTEMS, Inc., along with its affiliates and subsidiaries (collectively, "WINSYSTEMS"), encourages you to learn more about us through the information on our websites, but before you do, you should understand that by accessing or downloading any of our webpages, submitting information on our online form, or reviewing any information published on any of our websites, you are agreeing to these Terms of Use, and you are also agreeing to our Privacy Policy and consenting to our use of your personally identifiable information as outlined therein. You should read both of these documents carefully before continuing to access or use any of our websites, and you should review both documents regularly because they can change at any time, without notice to you, in our sole discretion.
1. You Use Our Websites at Your Own Risk. We provide our websites as a convenience only, without warranty or assurance of any kind. We are not representing that the content is accurate, complete, up-to-date, free from error, or otherwise reliable. Although we try to keep our websites current and accurate, we have no duty to do so. We give you no assurance that our websites will be free from interruptions, errors, computer viruses, exploit kits, or other harmful components.
2. Disclaimer of All Warranties. WINSYSTEMS makes no guarantees, warranties, or representations concerning the accuracy, reliability, fitness for any particular purpose, or completeness of any information on our websites. All content on our websites is provided on an "as is, where is" basis, and all warranties, whether express or implied, are disclaimed to the fullest extent permitted by law.
3. Links To and From Third Parties. Sometimes our websites might include links to third-party websites, but that does not mean WINSYSTEMS is endorsing or approving that third party in any way, nor does it mean that the linked website is safe to visit. You click on or follow any link at your own risk. Also, there are times when a third party might link to our website. That does not mean WINSYSTEMS permitted or allowed that third party to link to our site. More than likely, we don’t even know about it. But it certainly does not suggest or imply any form of endorsement or approval of such third party by WINSYSTEMS.
4. No Protection for Confidential or Proprietary Information. Every time you visit any of our websites, you automatically provide us with information—which pages you visit, what kind of device you are using, which part of the world you are located in, and many other pieces of information are collected automatically, and you should review our Privacy Policy for more information about that. Of course, when you use our online form to request further information about our company, you provide more information in even greater detail. Personally identifiable information will be handled in accordance with our Privacy Policy, but you should not submit confidential or proprietary information to us through our websites. If you do, we will assume that such information is not confidential and not proprietary, and by submitting it you will be giving us permission, including an unrestricted license, to use that information in any way we wish, and for any purpose, without consulting you.5. Intellectual Property. WINSYSTEMS owns the copyrights to all content on WINSYSTEMS websites, as well as owning all trade dress or other rights arising from content creation and design. WINSYSTEMS also owns multiple trademarks, service marks, or other marks that it uses in commerce and might include as part of its online content. By publishing its websites, WINSYSTEMS does not in any way relinquish or diminish any of its ownership or other intellectual property rights, and conveys none of them to you. By publishing its websites, WINSYSTEMS is merely granting you a limited license to access and make personal, non-commercial use of the content on its websites, and nothing more. Your limited license allows you to download or print one copy of any page from our webpages so long as you do not remove or modify any of our content. You are prohibited from using any of our websites or content for commercial purposes, and from making any derivative use of any of our intellectual property.
5. Local Laws. WINSYSTEMS’s websites are designed and published in the United States, and we can give you no assurance that our content or materials, or the publication thereof, would be lawful in your jurisdiction. You are responsible for complying with the laws of your jurisdiction, and WINSYSTEMS disclaims all responsibility for any violations of law resulting from you accessing or downloading any of our websites.
6. Indemnification. You hereby agree to indemnify, defend, and hold harmless WINSYSTEMS, as well as its officers, directors, employees, agents, licensors, suppliers, and third- party information providers, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and litigation expenses, arising from or relating to any violation of these Terms of Use, or of our Privacy Policy, by you.
7. Limitation of Liability. In the context of any dispute arising from or relating to any WINSYSTEMS websites, WINSYSTEMS shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, regardless of whether any such claim is based on a theory or theories of breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action. WINSYSTEMS’s liability will be so limited even if we are advised in advance of the possibility of such damages.
8. Governing Law and Venue. These Terms of Use and our Privacy Policy, and any disputes arising therefrom or relating thereto in any way, shall be governed by and construed under and in accordance with the laws of the State of Texas. You agree that the exclusive venue for any disputes arising from or relating to these Terms of Use or our Privacy Policy shall be in the state and federal courts located in Dallas County, Texas.
9. No Waiver. Any failure by WINSYSTEMS to insist upon or enforce strict performance of any provision of these Terms of Use or its Privacy Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or WINSYSTEMS’s Privacy Policy. WINSYSTEMS may assign its rights and duties under these Terms of Use or its Privacy Policy to any party at any time without notice to you.