The website, http://winthropintelligence.com and http://winad-hq.com (collectively, the “WI Website”), is owned and operated by WINTHROP INTELLIGENCE, LLC (referred to as “WI” “we,” “us” or “our”), a limited liability company organized under the laws of Wyoming. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WI WEBSITE. By using this WI Website you agree to these Website Terms of Service (the “Terms”). If you do not agree to the Terms, please do not use the WI Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the WI Website following the posting of changes to the Terms will mean you accept those changes.
THE WI WEBSITE
The WI Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the WI Website is the property of WI or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. WI hereby grants you a limited, nonexclusive, non-transferable, personal license to use the WI Website for personal or informational purposes only. Except as expressly authorized by WI in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the WI Website for any purpose. All rights not expressly granted herein are reserved to WI and/or its licensors.
To use certain features of the WI Website or participate in certain activities sponsored by WI, we might ask you to register as a customer, user or participant. If so requested, each WI Website user must: (1) personally provide true, accurate, current and complete information on the WI Website’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, WI has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, WI may suspend or terminate any and all current or future use of the WI Website by that user. A user may receive passwords and account designations upon completing certain WI Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
CONTENT SUBMISSIONS
The WI Website may include the following interactive services: blogs, chat areas, forums, product reviews and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to WI or the WI Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to WI to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. WI has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. WI shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. WI, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of WI Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the WI Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the WI Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this WI Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from WI; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. WI shall not be liable in any way for any Content.
TERMINATION
WI may terminate your use of the WI Website for: (1) breach of these Terms; (2) your abuse of WI Website resources or attempt to gain unauthorized entry to the WI Website; or (3) as required by law, regulation, court or governing agency order. WI’s termination of any user’s access to the WI Website may be effected without notice and, on such termination, WI may immediately bar any further access to the WI Website. WI shall not be liable to any user or other third party for any termination of that user’s access to the WI Website.
WI Software
To the extent that you agree to license WI’s software, your use of such software shall be subject to the terms and conditions of the then current Winthrop Intelligence Software Agreement (www.winthropintelligence.com/softwareterms). To learn more about WI’s software (or order WI’s software) click here (www.winthropintelligence.com/tour-winad).
LINKS
The WI Website may provide links to other websites. WI exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER’S USE OF THE WI WEBSITE IS AT HIS OR HER SOLE RISK. THE WI WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE WI WEBSITE. IN NO EVENT SHALL WI’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TRADEMARK INFORMATION
WINTHROP INTELLIGENCE® and WIN AD® are registered trademarks of WI. All other marks, names, and logos mentioned on the WI Website are the property of WI or their respective owners. Your use of the WI trademarks and other marks, names and logos set forth on the WI Website without prior written consent is strictly prohibited.
COPYRIGHTS
WI respects the intellectual property rights of others, and requires that the people who use the WI Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this WI Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit WI to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
David H. Kaplan
New Counsel, PLC
4530 W. 77th Street, Suite 385
Edina, MN 55435
Phone: 612‐259‐7902
Email: dkaplan@newcounsel.com
PRIVACY
WI agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://winthropintelligence.com/privacy or by sending an e-mail request to: privacy@winthropintelligence.com.
GENERAL INFORMATION
The Terms constitute the entire agreement between each user and WI regarding the user’s access and use of the WI Website and govern each user’s use of WI Website, superseding any prior agreements. The Terms and the relationship between each user and WI shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the County of Park, Wyoming. This WI Website is controlled and operated by WI from its offices within the State of Wyoming, United States of America. WI makes no representation that materials in the WI Website are appropriate or available for use in other locations. Those who choose to access this WI Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms 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 the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between WI and any user.
