Terms Of Use

Welcome to our website. Please take notice that by continuing to use Winprogger website or any Winprogger products, software, data feeds, and services provided to you on, from or through the Winprogger website (collectively the "Site") you are agreeing to comply with and be bound by (1) these terms and conditions of use (the "Terms Of Use"), and (2) Winprogger's Privacy Policy incorporated herein by reference. If you do not agree to any of these terms or the Winprogger privacy policy, please do not use the Site.

Winprogger may, in its sole discretion, modify or revise these Terms Of Use and policies at any time and you agree to be bound by such modifications or revisions. Nothing in these Terms Of Use shall be deemed to confer any third party rights or benefits.

The term "Winprogger, LLC" or "Winprogger" or 'us' or 'we' refers to the owner of the website whose registered office is Winprogger, PO Box 111641, Campbell, CA 95011. The term 'you' refers to the user or viewer of the Site.

These Terms Of Use apply to all users of the Site including users who also contribute to the Site Content. "Content" includes code, comments, text, software, graphics, sounds, videos, links and other materials you may view on, access through or contribute to the Site. The Site includes all aspects of Winprogger, including but not limited to all software and services offered via the Winprogger website.

The Content in the Site is for your general information and use only. It is subject to change without notice.

The Site may include links to other websites. These links are provided for your convenience and are for informational purposes only. Winprogger has no control over, does not endorse and assumes no responsibility for the content, policies or practices of the linked website(s). We encourage you to be aware when you leave the Site and to read the terms and conditions of each third-party website that you visit.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, safety, usefulness, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. By your use of this site, you expressly acknowledge that such information and materials may contain inaccuracies, errors or omissions and we expressly exclude liability for any such inaccuracies, errors or omissions to the fullest extent permitted by law.

In order to access some features of the Site, you may have to create a user account. You may never use another user's account without permission. When creating an account, you must provide accurate and complete information. You are solely responsible for all activity on your account and you must keep your account information secure. You must notify Winprogger immediately of any unauthorized usage of or activity in your account. Although Winprogger is not liable for your losses caused by unauthorized use of your account, you may be liable for the losses of Winprogger and others due to such unauthorized use.

Winprogger hereby grants you permission to access and use the Site as set forth in these Terms Of Use, provided that:

  1. You agree not to distribute in any medium any part of the Site or the Content without Winprogger's prior written authorization.
  2. You agree not to alter or modify any part of the Site.
  3. You agree not to access Content through any technology or means other than through (a) pages provided on the Site, (b) RSS feed readers, (c) Twitter feed updates and (d) email links sent to you from the Site.
  4. You agree not to sell access to the Site.
  5. You agree not to "clone" the Site or be involved in mechanisms designed to deceive other users or visitors into thinking the "clone" as the Site.
  6. You agree not to circumvent, disable or otherwise interfere with the Site security or aspects of the Site that prevent or restrict use, view, download or copying of any Content or enforce limitations on use of the Site or the Content.
  7. You agree not to use or launch any automated system, including without limitation, "spiders", "robots", "leechers" or "offline readers", that accesses the Site in a manner that sends more request messages to the Winprogger servers in a given period of time than a human can reasonably produce in the same period. Notwithstanding the foregoing, Winprogger grants the operators of public search engines to use spiders to copy materials from certain parts the Site for the sole purpose of and solely to the extent necessary for creating searchable indices of the materials but not caches or archives of such materials.
  8. You agree not to use or launch any automated system to spam the Site.
  9. In your use of the Site, you will comply with all applicable laws.
  10. Winprogger reserves the right to discontinue any aspect of the Site at any time.

The Content is provided to you AS IS. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish Content you submit to the Site and such Content does not contain third party copyrighted or proprietary material.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

You agree to defend, indemnify, and hold harmless Winprogger, its affiliates, and their respective officers, members, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (1) any user content or other material you provide to the Site, (2) your use of the website Content, or (3) your breach of these Terms & Conditions.

IN NO EVENT SHALL WINPROGGER, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURED SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, MALWARE, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY, IF ANY, FOR THE GOODS, SERVICES AND/OR INFORMATION PROVIDED FOR THE TWO (2) MONTHS PRECEEDING THE ACTION OR INACTION THAT CAUSED HARM.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California without respect to its conflict of laws principles. Any claim or dispute between you and Winprogger that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. The failure of Winprogger to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms Of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms Of Use shall otherwise remain in full force and effect and be enforceable.

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