The Winter Companies group of companies operates websites (“Site”) to provide online access to information about The Winter Companies and its products, software, services, and opportunities. By accessing and using the Site, you agree to these Terms of Use.
The Winter Companies is committed to protecting privacy rights. The Terms of Use describe how Personal Information is collected and used on the Site. By visiting this Site, you consent to the principles for collection and usage of Personal Information described in this document and The Winter Companies Privacy Policy. If you do not agree with how your Personal Information is collected and used, you should not access the Site.
Permitted Use of This Site
You may use the Site and its Content solely for non-commercial, personal purposes and to learn about The Winter Companies’ products, software, and services, in compliance with these Terms of Use.
Non-Permitted Use of This Site
By accessing the Site, you agree that you will not:
- Use the Site in violation of these Terms of Use;
- Copy, modify, create derivative works of, or reverse engineer the Site or attempt to discover source code;
- Sell, assign, sublicense, distribute, commercially exploit, or transfer any right to the Content or Site;
- Use automated systems that access the Site in excessive volumes;
- Use the Site in any manner that damages, disables, overburdens, or impairs The Winter Companies’ website or interferes with others’ use;
- Mirror or frame the Site on any other website;
- Attempt to gain unauthorized access to the Site;
- Access the Site through any means other than The Winter Companies’ provided interface;
- Post materials that violate intellectual property rights or constitute breach of agreements;
- Post materials containing threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material;
- Knowingly and with intent to defraud provide material and misleading information;
- Use the Site for unlawful purposes or in violation of these Terms of Use.
Unauthorized use may violate patent, copyright, and trademark laws.
Copyrights and Trademarks
The Site uses proprietary The Winter Companies technology, intellectual property, and Content protected by applicable intellectual property laws. The Site and all intellectual property rights belong to The Winter Companies unless otherwise explicitly noted.
The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed without permission. Users agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or Site.
The Winter Companies logos, product/service names, and marks are trademarks and property of The Winter Companies. The appearance, layout, color scheme, and design are protected trade dresses. Users receive no right or license to use these marks.
The Winter Companies may use and incorporate any suggestions or feedback you provide without payment or condition.
Links to Third-Party Sites
This Site may contain links to other sites for convenience. The Winter Companies is not responsible or liable for the terms of use, privacy practices, availability, or content of such other sites. These Terms of Use apply only to information collected on the Site.
How Personal Information May Be Collected
Optional Registration. Some online services or functions require registration. Personal Information is collected when you sign up for a course, request contact from a sales representative, or request pricing of The Winter Companies solutions. This may include your name, email, company name, role, country, state, and contact information. If you want to browse the Site, registration is optional.
Notice of Use of Cookies. A cookie is a small text file that visited websites save on your computer. Cookies provide visitors access to various functions and may track your internet usage. All website visitors must have access to information about cookies and their purposes.
Use of Personal Information
By filling in web forms, providing registration details, or otherwise providing The Winter Companies with Personal Information, you approve the following conditions for handling your Personal Information.
The Personal Information collected is used to fulfill our commitment to you as a user of The Winter Companies’ services and to maintain our customer registry. The information may also be used for customized information and marketing purposes.
The Winter Companies may release Personal Information concerning your use of the Site when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order). The Winter Companies will hold such Personal Information only as long as it serves the purposes for which it was collected and to comply with applicable laws.
Choices for Individuals
If you disagree with how your Personal Information is collected and used by The Winter Companies, you may opt not to visit the Site. To find out more about your choices and means regarding your Personal Information, please contact [email protected].
To avoid cookies, you may as a visitor: choose not to accept cookies in your browser settings; avoid logging onto the Site; avoid filling out forms; end your visit at the Site; or use analytics blocking tools on your browser for the Site.
Disclaimers; Limitations of Liability
THE WINTER COMPANIES AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE WINTER COMPANIES AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WINTER COMPANIES AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE WINTER COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, THE WINTER COMPANIES IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE WINTER COMPANIES AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless The Winter Companies, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or Content, or any violation by you of these Terms of Use.
Changes to these Terms of Use
The Winter Companies may occasionally update these Terms of Use and reserves the right to modify them at any time without giving you prior notice. You will be informed of any important changes via a message in a prominent place on the home page. Please review these Terms of Use at regular intervals to stay up to date. Your continued use of this Site means you accept these Terms of Use and any updates.
General Terms of Use
Accuracy and Validity. You represent and warrant that you are who you say you are, that you have not submitted fictitious, false, or inaccurate information about yourself, and that all information contained in submitted materials is true and your own work or work you are authorized to submit.
Downloading Files. The Winter Companies cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by The Winter Companies of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Site and/or Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Winter Companies reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Site and/or Content at any time without prior notice.
Enforcement/Choice of Law/Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.
Contact information
If you require further information about The Winter Companies’ Terms of Use, contact us via email at [email protected] or by sending a letter to:
The Winter Companies, LLC
10805 46th Place North
Minneapolis, MN 55442
Attn: Legal department
Appendix 1 — Digital Millennium Copyright Act (DMCA) Compliance
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or Content should be sent to The Winter Companies’ Legal Department at [email protected] or by letter to the address above.
To be effective, the Notification must include: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Winter Companies to locate the material; (4) information reasonably sufficient to permit The Winter Companies to contact the complaining party; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a valid Notification, The Winter Companies will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material. An alleged infringer may submit a written Counter Notification including: their physical or electronic signature; identification of the material that has been removed and its prior location; a statement under penalty of perjury of a good faith belief that the material was removed as a result of mistake or misidentification; and their name, address, telephone number, and consent to the jurisdiction of the applicable Federal District Court. Upon receipt of a valid Counter Notification, The Winter Companies will provide the complaining party with a copy, inform them that the removed material will be replaced within ten (10) business days, and replace the material within ten (10) to fourteen (14) business days unless notified that an action has been filed seeking a court order.