Your use of the Winnolas website is subject to these Online Terms of Use and the Statement of Privacy. Winnolas reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices, without prejudice to your rights under applicable law.

Any changes made to the Online Terms of Use will be notified by the date at the top of the updated version of these Online Terms of Use. By accessing or using the Winnolas website, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use. If you disagree with these Online Terms of Use, your sole and exclusive remedy is to discontinue using this Winnolas website.

Disclaimers

You acknowledge and agree that:

Winnolas strives to provide the latest developments relating to our products and services, and other information provided on the Winnolas website. We do not warrant the accuracy, effectiveness, and suitability of any information contained in the Winnolas website. Each viewer assumes full responsibility and all risks arising from use of any information contained in the Winnolas website. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Winnolas reserves the right to make additions, deletions, or modifications to the information contained on the Winnolas website at any time without any prior notification.

WINNOLAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE WINNOLAS WEBSITE. WINNOLAS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL WINNOLAS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE WINNOLAS WEBSITE, AND/OR THE INFORMATION OR CONTENT POSTED ON THE WINNOLAS WEBSITE, REGARDLESS OF WHETHER WINNOLAS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Winnolas is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the Winnolas website, Winnolas will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Winnolas website. Such information should, therefore, be considered as suspect and is not endorsed by Winnolas.

Your Use

You understand, acknowledge, and agree to the following:

By using the Winnolas website, you agree not to disrupt or intercept our electronic information posted on the Winnolas website or on any of our servers. You also agree not to attempt to circumvent any security features of the Winnolas website, and to abide by all applicable, local, state, federal and international laws, rules, and regulations.

You grant to Winnolas the right to use all content you upload or otherwise transmit to the Winnolas website, subject to these Online Terms of Use and the Winnolas Statement of Privacy in any manner Winnolas chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the Winnolas website (if any).

Except as expressly stated and agreed upon in advance by Winnolas, no confidential relationship shall be established in the event that any user of the Winnolas website should make any oral, written or electronic communication to Winnolas (such as feedback, questions, comments, suggestions, ideas, etc.). If the Winnolas website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), Winnolas shall obtain, use, and maintain it in a manner consistent with our Statement of Privacy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Winnolas shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, use, or sale of products incorporating such information. The sender of any information to Winnolas is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.

Intellectual Property

The information, documents, and related graphics published in the Winnolas website (the “Information”) are the sole property of Winnolas, except for information provided by third-party providers under contract to Winnolas. Permission to use the Information is granted, provided that (1) the following copyright notice: “© 2023 Winnolas Systems Inc.“ appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Winnolas website are used separate from accompanying text. Winnolas is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Winnolas. No use of any Winnolas trademark, trade names, trade dress, and products in the Winnolas website may be made without the prior written authorization of Winnolas, except to identify the product or services of the company.

Privacy and Security

Winnolas is committed to safeguarding your privacy Online. We understand the importance of privacy to our customers and visitors to the Winnolas website. Our use of personally identifiable information is governed by our Statement of Privacy and by accessing and using the Winnolas website, you agree to be bound by that Statement of Privacy.

You recognize and agree that when submitting your personally identifiable information to the Winnolas website, while Winnolas has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, WINNOLAS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF WINNOLAS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WINNOLAS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

Limitation of Liability

Winnolas does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the Winnolas website. Reliance on these materials, information, and opinions is solely at your own risk. Winnolas disclaims any liability for injury or damages resulting from the use of the Winnolas website, or the content contained thereon.

THE WINNOLAS WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WINNOLAS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL WINNOLAS OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “WINNOLAS PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WINNOLAS WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WINNOLAS WEBSITE, OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WINNOLAS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY WINNOLAS AND WHETHER OR NOT WINNOLAS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Winnolas Web Site or these Online Terms of Use more than one (1) year after such claim or cause of action arose. PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE WINNOLAS WEBSITE.

General

You agree that these Online Terms of Use and the Statement of Privacy describe the entire agreement between us with respect to its subject matter. The Winnolas website was created and is operated under the laws of the State of Texas. The laws of the State of Texas will control the terms provided in these Online Terms of Use, to the extent that the laws of the State of Texas are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.