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Terms of Use

1. Site Terms of Use

The following are the terms of a legal agreement between you and Wintrac governing the use of this web site. BY USING THIS WEB SITE ("SITE") YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE ("TERMS"), AGREE TO ACCEPT AND BE BOUND BY THESE TERMS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING USE OF THIS SITE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

2. Use Restrictions

The information, materials, services, and related graphics available on this Site (collectively the "Content") are owned or licensed by Wintrac. The Content of this Site is protected by copyright laws, international copyright treaties, or other intellectual property laws and treaties. Except as specifically provided herein, or otherwise specifically provided by Wintrac in writing or by the terms of any license agreement that accompanies or is provided with any Content ("License Agreement"), YOU MAY NOT MODIFY THE CONTENT OF THIS SITE IN ANY WAY OR DOWNLOAD, COPY, REPRODUCE OR PUBLICLY DISPLAY, PERFORM, OR DISTRIBUTE OR OTHERWISE USE THE CONTENT IN ANY FORM OR BY ANY MEANS FOR ANY PUBLIC OR COMMERCIAL PURPOSE. Unauthorized use of any Content on this Site is expressly prohibited.

Wintrac authorizes you to view, download, reproduce, display and distribute the Content posted on this Site only for your personal and non-commercial use, unless specifically authorized to do otherwise by Wintrac in writing or as provided by the terms of any License Agreement. Any authorized download, reproduction or display of the Content must retain all copyright and proprietary notices as they appear in the Content. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

3. Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

4. Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

5. Registration

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

6. Disclaimer

THE CONTENT, SOFTWARE AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, EXCEPT THAT SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT.

Wintrac does not warrant the accuracy or completeness of the Content available at this Site. Wintrac may make changes to the Content available at this Site, or to the products and prices described in them, at any time without notice. The Content available at this Site may be out of date, and Wintrac makes no commitment to update the Content. Wintrac assumes no liability for your use of the Content and you hereby acknowledge that any reliance upon any Content or materials or your use of the Site shall be at your own risk. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Wintrac representative or distributor for information regarding the products, programs and services that may be available to you.

7. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and ature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

8. Limitation of Liability

IN NO EVENT WILL WINTRAC, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOST DATA, BUSINESS INTERRUPTION, OR LOST PROFITS OR REVENUE) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT WINTRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnity

USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WINTRAC, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM USER'S: (A) USE OF THE SITE OR THE CONTENT, (B) BREACH OF THESE TERMS OF USE; AND/OR (C) SUBMISSIONS TO THE SITE.

10. Links

Third party web sites linked from this Site are not under the control of Wintrac, and the links are provided only as a convenience. Wintrac is not responsible for the availability of external sites and does not represent or endorse the accuracy or reliability of any of the contents of any linked site. Wintrac shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site. If you decide to access any third party site linked from this Site, you do so entirely at your own risk.

11. Version of Terms

Wintrac may make changes to these Terms of Use at any time without notice. We suggest that you visit this page of the Site periodically to review the current Terms of Use. Certain provisions of these Terms may be superseded by expressly designated legal notices.

12. Arbitration

By using this Site, you agree that Wintrac, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Oregon and any arbitration will be held in Portland, Oregon.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by applicable statute.

Contact Information
If you have any questions regarding these Terms of Use, please contact Wintrac at legal@wintrac.com


 
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Wintrac Inc.
16523 SW McGwire Ct.
Beaverton OR 97007
 
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