Terms of Service
Thank you for visiting This Winters Design website services (TWD).
TWD has the right at any time to change, modify, or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. All pages within this website and any material made available for download (collectively, the Site) are the property of TWD, LLC, an Indiana Limited Liability Company doing business as TWD, LLC ("TWD"). You are responsible for obtaining and maintaining all connection, computer hardware and other equipment needed for access to and use of the website and all charges related thereto. This website is subject to all of these Terms of Use, a legally binding agreement between you and TWD, outlining liability limitations and disclaimers that apply to TWD in connection with your use of this website. The terms also address restrictions and warnings on your use of materials found on the website. By your accessing this website, you acknowledge you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations including, but not limited to, United States copyright law protects the material provided on this website. Any claim relating to and the use of this website and the materials contained herein is governed by the laws of the state of Indiana. TWD may update, modify, or otherwise change these any terms or conditions applicable to this website, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use without prior notice to you. Any updates, modifications, and/or changes will be fully binding on you from the time of their posting.The most current version of our Terms of Use on this website is available at all times. You are urged to review them on a regular basis. Such changes, which may be given by any means including, without limitation, posting on the site, or by email or conventional mail, or by any other means. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. Any changes to the Terms of Use modifications, additions or deletions shall be effective immediately upon notice thereof, will be binding on you even if you have not read them or are not otherwise aware of them. Reading these Terms of Use and keeping apprised of all changes to them is your responsibility.
Content and Use of Content
All content including but not limited to information, text, data, messages, software, music, sound, photographs, graphics, video, and other information and materials found on the TWD website ("content") is either TWD property or that of a third party owner, signified by its trademark notice. You may not sell, rent, lease, sublease, copy, license, reproduce, transmit, mirror, modify, distribute, publicly display, publish, adapt, edit, participate in the transfer or sale, or create derivative works from any content, whole or in part, without prior written authorization from the owner or the content's authorized licensee or agent. All copyrighted material, trademarks and other proprietary information will be respected. You may use the website for lawful purposes only. You may not post or transmit any material that violates or infringes in any way upon the rights of others. You may not use the website for anything that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. You may not encourage conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any law. Without TWD express prior approval, you may not post or transmit through the website any material that contains advertising or any solicitation with respect to products or services. You shall not use the website to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in TWD discretion restricts or inhibits any other user from using or enjoying the website will not be permitted. You may download one copy of any copyrighted material for your personal, non-commercial home use only. Unless otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of TWD and the copyright owner. If copying is permitted, no changes in or deletion of author's attribution, trademark legend, or copyright notice may be made. You do not acquire any ownership rights by downloading copyrighted material. You may not upload, post, or otherwise make available on the website, any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of that copyright, trademark, or other proprietary right. The burden of determining that any material's copyright reposes with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Submission of material to any public area of the site, automatically grants or warrant that the owner of such material expressly grants TWD royalty-free, worldwide, irrevocable, non-exclusive right and license to use, reproduce, publish, display, translate, mirror, and/or distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You, in so doing, permit any other user of the website to access, view, store or reproduce the material for that user's personal use. You grant TWD the right to edit, copy, display, publish, and distribute any material made available on the website by you. These provisions benefit TWD, partners, and its third party content providers and licensors, who each have the right to assert and enforce such provisions directly or on its own behalf. This permission terminates automatically if you breach any terms or conditions. Upon such termination, you must immediately destroy any downloaded and printed materials from or related to TWD website. The materials on this website are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of 's proprietary rights in them.
Third Party Content
TWD distributes (not publishes) content supplied by third parties and users of the website. Accordingly, has no editorial control over such content than does a public library, book purveyor, or newspaper distributor. Any opinions, advice, services, offers, or other information or content available from third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of. The content available through the website represents the opinions and judgments of the respective information provider or user. TWD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the website by anyone other than authorized employee or spokespersons while acting in their official capacities.
Banners, Advertisements, and/or Promotions
TWD reserves the right to post advertisements, banners, promotions, and similar content throughout the website. Any such postings are subject to change. Any interactions, correspondence, and/or business dealings in which you engage with any advertisers and other third parties businesses found on or via TWD website or your participation in any of their promotions or offers, including payment and delivery of related goods or services and any other terms, conditions, guarantees, warranties, or representations associated with such interactions, are solely and entirely between you and the Third Party Businesses. is not and will not be liable for any harm, loss, or damage of any kind incurred as a result of any such interactions, correspondence, or business dealings.
Privacy Policy
You have read and agree to all of the terms and conditions of our Privacy Statement.
Monitoring
TWD reserves the right, but not the obligation, to monitor the content of the website, to determine compliance with these conditions of use and any operating rules established by and to satisfy any law, regulation or authorized government request. TWD has the right at its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, has the right to remove any material that , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification
You agree to defend, indemnify and hold harmless TWD and its affiliates and their respective directors, officers, employees, and/or agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
Links to Other Sites and Resources
TWD website may link to other Internet sites or sources. TWD may not maintain these other Internet sites or sources or have any control over them. TWD does not endorse, approve, or sponsor any of the other Internet sites or sources or their content, advertising, information, materials, products, services, or other items on or available from them and disclaims all liability for the availability, accuracy, integrity, performance, quality, and/or source of the other Internet sources or sites or their compliance with any law or regulation. TWD is not and shall not be liable for any harm, loss, or damage of any kind caused or alleged to be caused by or in connection with your use of or reliance on any non-related or non-proprietary Internet source or site.
Trademarks
Trademarks, service marks, and logos used and displayed on this website are registered and unregistered trademarks of TWD and others. Nothing on this website should be construed as granting in any way a license or right to use any trademark displayed on the website, without the written permission of the trademark owner. TWD aggressively enforces intellectual property rights to the fullest extent of the law. The name of TWD or the logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. TWD prohibits use of the logo as a "hot" link to any website unless establishment of such a link is approved in advance by TWD except as expressly set forth in these Terms of Use, nothing contained on this Website may be construed as granting any license or right to use any content or trademark displayed on this website without the prior written consent of its owner or authorized licensee. All rights are reserved.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TWD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF EVERY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TWD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. TWD MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, YOUR USE OF THE WEBSITE WILL ACHIEVE ANY PARTICULAR RESULT, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL MEET YOUR REQUIREMENTS, OR ANY ERRORS IN OUR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY ITEMS) IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER PROPERTY ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWD WEB THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU.
Limitations of Liability
TWD WILL NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: ANY USE OR INABILITY TO USE THE SITE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTY BUSINESSES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. FURTHER, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TWD IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions to Limitations
Applicable law may not permit the exclusion of certain warranties or limitations or exclusions of liability or incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. In no event will TWD total liability to you for damages, losses, and/or causes of action whether in contract, tort (including its own negligence) or under any other legal theory including strict liability exceed the amount paid by you, if any, for accessing this site.
Condition of Use of Site
As a condition to your use of this website, you represent, warrant, and guarantee that you will use the website in compliance with these Terms of Use and all-applicable laws and regulations. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Indiana. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Copyright 2000 TWD all rights reserved.