Terms of Service
The purpose of this website is to provide you with access to information about and to enable you to use our services, products, and related subject matter. The Terms of Service apply to all visitors to this website.
(Your use of WNDYR’s deployment services and/or products shall be subject to additional terms and conditions which we and our deployment partners may agree.)
As a new user at the time of registration to Contact Us, you shall be asked on the sign-up page to confirm your agreement to these Terms of Service, Privacy and Cookie Policies before your registration is confirmed. You may opt out of WNDYR’s retention of your personal data for the purposes of updates, marketing and notifications of future services and products by using the Contact Us https://wndyr.com/contact-us/. WNDYR may modify, suspend, or discontinue, temporarily or permanently, the website or any offered products or services and may remove or delete any personal data retained for notifications and marketing at any time, in its sole discretion.
● Description of the website
● General Prohibitions
● Disclaimer of warranties
● Limitation of Liability
● Jurisdiction and Law
● Entire Agreement
DESCRIPTION OF THE SERVICE
The service package options are described on this website. WNDYR offers several accounts types. We look forward to discussing with you the features associated with different account types. Once you have selected the appropriate package, we shall enter into a contract with you (either directly or through our deployment partners). In the meantime, you agree that the information and materials on this website are for information only, and that your use of the website does not create any contractual relationship between you and WNDYR. WNDYR assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this website. While WNDYR takes reasonable measures to keep the information on this website accurate, complete and up to date, WNDYR will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.
COPYRIGHT AND PROPRIETARY RIGHTS
We control and operate this website. All content on this website, including text, graphics, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. The website, Service and underlying software, products and materials are protected by copyright, trademark, intellectual property rights and other laws of the USA, the United Kingdom and foreign countries.
All right, title, and interest in and to the Service are and will remain the exclusive property of WNDYR and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
WNDYR, the WNDYR logo, and all other WNDYR trademarks, service marks, product names, and trade names of WNDYR appearing on the Service are owned by WNDYR. All other trademarks, service marks, product names, and logos appearing on the website and Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent. Certain corporate accounts do however, include the facility to display other trademark, service mark, product name, trade name, and logos.
All materials contained on this website, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by WNDYR or its affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on the website, except for your personal, non-commercial use, absent the prior written approval of WNDYR. As a condition to your use of this website, you agree not to:
● Access, tamper with, or use any non-public areas of the website or WNDYR's computer systems or the technical delivery systems of WNDYR's providers;
● Frame, deep link, or otherwise incorporate into another website any of the content or other materials on this website without our express prior written consent;
● Attempt to probe, scan, or test the vulnerability of the website or any related system or network or breach any security or authentication measures used in connection with the website and such systems and networks;
● Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the service or computer code comprising or in any way making up a part of this website;
● Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the service, or taking any action that imposes an unreasonable or disproportionately large load on the website's infrastructure;
● Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
● Impersonate or misrepresent your affiliation with any person or entity;
● Using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the content without our prior written permission, provided that generally available third party Web browsers such as Microsoft Internet Explorer may be used for general web-browsing purposes without such permission;
WNDYR has the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. WNDYR may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although WNDYR has no obligation to monitor your access to or use of this website, it has the right to do so for the purpose of operating the website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
DISCLAIMER OF WARRANTIES
The materials provided on this site are provided "as is" and without warranty of any kind, express or implied. WNDYR disclaims all express and implied warranties with regard to the information and materials contained on this website, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. Except for such content that we may elect to create and publish, we are a distributor and not a publisher. We have no more editorial control over such user files and information and content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including in the linked sites) are those of the respective authors or distributors of such content.
Where you are a recipient or employee of deployment services and products through one of our deployment partners with whom you have contracted, that deployment partner shall control the use of your personal data; we shall provide such services on their behalf and at their instruction. They are the data controllers of your personal data.
You agree that you will not use this website for any unlawful purpose, or for any purpose prohibited by these Terms of Service. You agree to indemnify, defend and hold harmless WNDYR, its directors, shareholders, employees, affiliates and contributors from any liability, loss, claim and expense (including attorneys’ and accountants’ reasonable fees) related to (i) your violation of these Terms of Service, and/or (ii) your posting or use of materials on this website, including without limitation third party claims that personal data submitted by you infringes or misappropriates the intellectual property rights, privacy rights, publicity rights, or moral rights of that third party. We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.
LIMITATION OF LIABILITY
In no event will WNDYR nor our affiliated or related entities, nor any of our respective officers, directors, employees or agents, nor any person or entity involved in the creation, production and distribution of this website or any content and the service related thereto, be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the website or service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not WNDYR has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose. You hereby waive any and all such claims against WNDYR, its directors, shareholders, affiliates and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.
JURISDICTION AND APPLICABLE LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any dispute between you and WNDYR regarding the content or use of the website shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association, with hearings held in the English language in Dallas, TX, US, and shall not be joined with any dispute that any other person or entity may have with WNDYR.
If you have any questions about this Agreement, please contact Head of Admin at:
WNDYR, Inc. (trading as WNDYR)