Terms and Conditions of Use
Consent to E-mail Communications from Windloadcalc, affiliates, and third parties. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by Windloadcalc, selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON THE WINDLOADCALC WEB SITE, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM WINDLOADCALC, ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND BY PURCHASING, USING, OR ENJOYING THE SERVICES ON THE WINDLOADCALC WEB SITE, YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of Windloadcalc.com and not interfere with the use and enjoyment of Windloadcalc.com by other users or with Windloadcalc's operation and management of Windloadcalc.com. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on Windloadcalc.com, including, without limitation, information required to be provided through an Windloadcalc Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Windloadcalc reserves the right to terminate your access and use of Windloadcalc.com. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Windloadcalc.com, or defame or otherwise harm any party, including Windloadcalc, through your use of Windloadcalc.com.
Proprietary Rights. The content of Windloadcalc.com includes, without limitation, (i) Windloadcalc.com's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Windloadcalc Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Windloadcalc.com (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Windloadcalc Content"). Windloadcalc Content is the property of the Windloadcalc, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Windloadcalc Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Windloadcalc or the owner of such content if Windloadcalc is not the owner. Any use of the Windloadcalc Marks without Windloadcalc's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Windloadcalc Content, including any such notices appearing on any Windloadcalc Content you are permitted to download, transmit, display, print, or reproduce from Windloadcalc.com.
Responsibility for Use of the Internet and the Windloadcalc Web Site. Use of the Internet and Windloadcalc.com is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Windloadcalc does not guarantee the confidentiality or security of any communication or other material transmitted to or from Windloadcalc.com over the Internet or other communication network. Windloadcalc shall not be obligated to correct or update Windloadcalc.com or the Windloadcalc Content and Windloadcalc shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Windloadcalc.com.
We Do Not Provide Legal Services To You. Windloadcalc.com, or its affiliates may refer independent lawyers to you or offer a prepaid services plan. By using Windloadcalc.com and purchasing a plan or service including pre-paid legal services, you agree to the following: no attorney-client privilege is created between you and Windloadcalc.com, Windloadcalc.com is not permitted to engage in the practice of law including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, options, selection of forms, or strategies, and Windloadcalc.com has not provided any legal advice of any kind and all such advice, if any, was obtained from a third-party attorney.
Third-Party Services. Any dealings or communications you have through Windloadcalc.com with any party other than Windloadcalc.com are solely between you and that third party. Windloadcalc makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products. For example, certain areas of Windloadcalc.com may allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL WINDLOADCALC.COM HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY.
Advertisers. The Windloadcalc Web Site may contain advertisements of third parties. The inclusion of advertisements on Windloadcalc.com does not imply endorsement of the advertised products or services by Windloadcalc. Windloadcalc shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on Windloadcalc.com. Further, Windloadcalc shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on Windloadcalc.com. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
Links to Third Party Web sites. The Windloadcalc Web Site may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Windloadcalc exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to Windloadcalc.com, you do so entirely at your own risk.
Links to the Windloadcalc Web Site and Windloadcalc Content. Links posted by third parties to Windloadcalc.com and/or Windloadcalc Content may not use the Windloadcalc trademark or logo and shall not suggest that Windloadcalc promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Web sites, content, or information. Any links to any portion of Windloadcalc.com shall be the responsibility of the linking party. Windloadcalc reserves the right to require any linking party to disable or remove any link that violates Windloadcalc's rights or causes interruption or deterioration of Windloadcalc Content.
Warranties Disclaimed. THE WINDLOADCALC WEB SITE AND WINDLOADCALC CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WINDLOADCALC.COM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "WINDLOADCALC PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WINDLOADCALC WEB SITE OR WINDLOADCALC CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WINDLOADCALC WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WINDLOADCALC WEB SITE WILL MEET YOUR EXPECTATIONS; OR (iv) WINDLOADCALC CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WINDLOADCALC WEB SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability. THE WINDLOADCALC PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE WINDLOADCALC WEB SITE AND/OR ANY WINDLOADCALC CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WINDLOADCALC WEB SITE AND/OR WINDLOADCALC CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WINDLOADCALC WEB SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WINDLOADCALC WEB SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WINDLOADCALC WEB SITE; (vii) FROM ANY DELAY OR FAILURE OF THE WINDLOADCALC WEB SITE ARISING OUT OF CAUSES BEYOND WINDLOADCALC'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE WINDLOADCALC CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WINDLOADCALC WEB SITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEB SITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WINDLOADCALC WEB SITE OR WINDLOADCALC CONTENT.
Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND WINDLOADCALC'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of Windloadcalc.com, including without limitation the maximum number of days that information provided by you or account history and related data may be retained. IF YOU OBJECT TO ANY GENERAL PRACTICES OR LIMITS CONCERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH GENERAL PRACTICES OR LIMITS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF THE SAME AND SATISFACTION WITH THE SERVICES SUBJECT TO SUCH GENERAL PRACTICES AND/OR LIMITS.