Terms and Conditions of Use
Windloadcalc.com is an Illinois corporation, provides the services offered on the Windloadcalc.com Web site (the “Services”) to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). Windloadcalc.com is referred to herein as “Windloadcalc.com” or “Windloadcalc” and this web site is referred to herein as “Windloadcalc.com” or the “Windloadcalc Web Site”. YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON WINDLOADCALC.COM, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. By accessing or using Windloadcalc.com you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use") Please read these Terms of Use carefully as well as the Privacy Policy of Windloadcalc.com which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of Windloadcalc.com and its programs. You may print or save a copy of these Terms of Use for your records. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use Windloadcalc.com conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use Windloadcalc.com and the Windloadcalc Content (as defined below) for your noncommercial personal use and for no other purpose. Windloadcalc reserves the right to bar, restrict or suspend any user's access to Windloadcalc.com, and/or to terminate this license at any time for any reason. Windloadcalc reserves any rights not explicitly granted in these Terms of Use.
License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Windloadcalc's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), Windloadcalc.com, any Windloadcalc Content (as defined below), or any portion thereof. Further, you may not (i) use Windloadcalc.com for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to Windloadcalc.com, including Windloadcalc Content; (ii) interfere with the proper working of Windloadcalc.com including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of Windloadcalc.com.
Your Acceptance; Revisions to Terms of Use. The Windloadcalc Web Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the Windloadcalc Web Site regarding your use and access to Windloadcalc.com’s programs. By using Windloadcalc.com you agree to the Terms of Use.
Windloadcalc reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to Windloadcalc.com. Your use of Windloadcalc.com signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to Windloadcalc.com. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which Windloadcalc had actual notice on or before the date of any such revision.
Windloadcalc Policies; Additional Terms and Conditions. Windloadcalc's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of Windloadcalc.com (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the Services you may elect, the Additional Terms and Conditions shall govern.
Click-Through Agreements. Before using certain areas of Windloadcalc.com you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click Through Agreement for specific Services which you elect to use, the Click Through Agreement will govern.
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.
Privacy Policy. For information about Windloadcalc's data protection practices and Windloadcalc's use and protection of your personal information, please read Windloadcalc's Privacy Policy which is incorporated into and made a part of these Terms of Use.
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.
In the event you are dissatisfied with, or dispute, these Terms of Use, Windloadcalc.com and/or the Windloadcalc Content, your sole right and exclusive remedy is to terminate your use of Windloadcalc.com, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Windloadcalc has no other obligation, liability or responsibility to you or any other party.
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.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Windloadcalc Parties from and against all claims arising from or in any way related to your use of Windloadcalc.com and/or Windloadcalc Content, a violation by you of these Terms of Use, or any other actions connected with your use of Windloadcalc.com and/or Windloadcalc Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. Windloadcalc will endeavor to provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Windloadcalc Parties other than under this Section.
Term and Termination. These Terms of Use will take effect at the time you begin using Windloadcalc.com. Windloadcalc reserves the right, with or without notice, at any time and for any reason to deny you access to Windloadcalc.com or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Windloadcalc Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of Windloadcalc.com, including any Windloadcalc Content, in your possession.
Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Windloadcalc reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
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.
Governing Law. These Terms of Use and all matters regarding your use of Windloadcalc.com shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability. The failure of Windloadcalc to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
Complete Agreement. These Terms of Use, together with any revisions. Any additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and Windloadcalc relating to Windloadcalc.com and its use by you, and supersedes any previous written or oral communication regarding use of Windloadcalc.com.
Contact Information. If you have any questions or concerns regarding these Terms of Use or Windloadcalc.com, please visit our "Contact Us" page.
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.
Use of Windloadcalc Web Site and Windloadcalc Content outside of the United States. Windloadcalc makes no claims regarding access or use of Windloadcalc.com or the Windloadcalc Content outside of the United States. If you use or access Windloadcalc.com or the Windloadcalc Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
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