Last Updated: 7/8/2021
Last Updated: 7/8/2021
• Criminal activity or tortious activity, including (i) fraud or misrepresentation, (ii) harassment (such as verbal harassment), (iii) infringement or misappropriation of a third party’s copyright, trademark, patent, trade secret, or other intellectual property, (iv) slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, (v) use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and (vi) content that promotes illegal or harmful activities or substances;
• Advertising to, or solicitation of, any user to buy or sell any products or services, including any marketing activities;
• Attempting to impersonate, or impersonating, another user or entity;
• Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization;
• Attempting to access or search the Services or engaging in any automated use of the System, such as using scripts, Trojan horses, spiders, crawlers, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information;
• Attempting to probe, scan, or test the vulnerability of our computer system or network, or breach any security or authentication measures, including by use of worms, viruses, or malicious computer software;
• Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks;
• Accessing or tampering with non-public areas of the Services, our computer systems, or the technical delivery systems of our providers or affiliates;
• Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by us or any of our providers or any other authorized third party to protect the Services;
• Using mega tags or other hidden text or metadata utilizing our trademark, logo, URL, or product name without our express written consent;
• Using systematic or automatic data collection activities (including data mining, data extraction, data harvesting, framing, or article “spinning”) or scraping information from our Services for any purpose whatsoever,;
• Using the Services to send altered, deceptive, or false source-identifying information;
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
• Interfering with, or attempting to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, or spamming the Services;
• Collecting or storing any personally identifiable information from the Services from other us or from other users of the Services without our or their express permission;
• Using our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of our website
• Using our Services in a manner inconsistent with any and all applicable laws and regulations; and
• Encouraging or enabling any other individual to do any of the foregoing.
Where content is specifically made available for redistribution, it may only be redistributed within your organization for internal use.
You grant to us 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 waive 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 us or a third party (in each case under any applicable law).
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information, materials, or Services offered on this website.
Without prejudice to the generality of the foregoing paragraph, we do 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; or
• 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.
Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States. You may not use our Proprietary Marks without our express and written permission. We make no proprietary claim to any third party names, trademarks, or service marks appearing on our Services as the rights related to these names, trademarks, or service marks belong to their respective owners. Any information, advice, data, software, or other content, which may be contained in or downloaded from our Services (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.
(a) Arbitration Agreement
The parties understand that, absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law, and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.
(b) Waiver of Class Remedies
The parties agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.
(c) Exception: Litigation of Small Claims Court Claims
(d) Thirty Day Right to Opt Out
We make no warranty of any kind whatsoever with respect to the website or the Services. We hereby disclaim any and all implied warranties of merchantability, title, noninfringement, and fitness for a particular purpose. We do not warranty that any content available is free from infection from any computer programming or other glitches which may contaminate, damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information.
The website 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 we have been expressly advised of the potential loss.
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 our liability in respect of any death or personal injury caused by the gross negligence of our agents, employees or owners; or any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability.
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.
You agree that you will not bring any claim personally against us or our officers, directors, 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 us and our officers, directors, employees, agents, subsidiaries, successors, assigns and sub-contractors.
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.