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Terms & Conditions

Terms and Conditions—Windward Way Recovery

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, www.windwardway.com and/or its licensors own the intellectual property rights published on this website and materials used on www.windwardway.com. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website in neither print nor digital media or documents (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website;
  • Redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • Republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.windwardway.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without www.windwardway.com’s express written consent.

This includes:

  • Scraping
  • Data mining
  • Data extraction
  • Data harvesting
  • ‘Framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of www.windwardway.com.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to www.windwardway.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.casacaprirecovery.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or www.windwardway.com or a third party (in each case under any applicable law).

No warranties

This website is provided “as is” without any representations or warranties, express or implied. www.windwardway.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, www.windwardway.com does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

www.windwardway.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if www.windwardway.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Casa Capri Recovery in respect of any:

  • Death or personal injury caused by the negligence of www.windwardway.com or its agents, employees or shareholders/owners;
  • Fraud or fraudulent misrepresentation on the part of www.windwardway.com; or
  • Matter which it would be illegal or unlawful for www.windwardway.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, www.windwardway.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.windwardway.com’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.windwardway.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.windwardway.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify www.windwardway.com and undertake to keep www.windwardway.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.windwardway.com to a third party in settlement of a claim or dispute on the advice of www.windwardway.com’s legal advisers) incurred or suffered by www.windwardway.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to www.windwardway.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, www.windwardway.com may take such action as www.windwardway.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

www.windwardway.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

www.windwardway.com may transfer, sub-contract or otherwise deal with www.windwardway.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with www.windwardway.com’s Privacy Policy constitute the entire agreement between you and www.windwardway.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Privacy Policy at Windward Way Recovery

What information do we collect?

We collect information from you when you fill out a form. When submitting a contact form or an insurance verification form on our site, as appropriate, you may be asked to enter your name, e-mail address, phone number or social security number. You may, however, visit our site anonymously.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential. After a transaction, your private information (social security numbers, financials, etc.) will not be kept on file for more than 60 days.

What do we use your information for?

Any of the information we collect from you may be used to contact you to provide further information about our services and/or verify insurance benefits of a potential client. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the service requested.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser, if you allow, that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

What is Windward Way’s email privacy policy?

“Any Windward Way email (and any attachment) is only intended for the use of the person or entity to which it is addressed, and may contain information that is privileged and confidential. Any recipient is obligated to maintain it in a safe, secure and confidential manner. Unauthorized disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify us by return email, and delete such email, and all copies of the emailed message from your computer.”

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Children’s Online Privacy Protection Act Compliance.

We are in compliance with the requirements of COPPA, Children’s Online Privacy Protection Act, we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Your Consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will update the Privacy Policy modification date below.
This policy was last modified on 6/6/2015
Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Windward Way: info@windwardwayrecovery.com