Section 1. Use of Materials
The entire contents of this website, such as text, graphics, images, logos, icons, video, audio, multimedia and software (“Materials”) are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, modify, reproduce, duplicate, display, publicly perform, distribute, or otherwise use the Materials in any way for public or commercial purpose without the express written consent of The Winter Laboratory. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. The Winter Laboratory also prohibits the use of any The Winter Laboratory trademark, or any related graphic, as a link to any web site other than www.winterlab.com unless approved in writing by The Winter Laboratory. You may not use META tags or any other text which utilize The Winter Laboratory. The Winter Laboratory, winterlab.com, or any other derivative of our domain or company name without the express written consent of The Winter Laboratory. You are hereby granted the right to create a hyperlink to winterlab.com as long as the link does not portray any false, misleading, derogatory, or otherwise offensive content.
Section 2. The Winter Laboratory Liability
The Materials may contain inaccuracies or typographical errors. The Winter Laboratory makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using this website or the Materials. The use of the website and the Materials is at your own risk. Changes are periodically made to the website and may be made at any time.
THE WINTER LABORATORY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE WINTER LABORATORY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SPEAR AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SPEAR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TOTAL MAXIMUM LIABILITY OF THE WINTER LABORATORY IS LIMITED, IN THE WINTER LABORATORY'S SOLE DISCRETION, TO EITHER (i) REPAIR OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (ii) REPLACEMENT OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (iii) REFUND TO YOU OF THE MATERIALS LICENSE FEES OR PURCHASE PRICE, IF ANY, LESS A REASONABLE FEE FOR YOUR USE OF SUCH MATERIALS.
Section 3. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE WINTER LABORATORY OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WINTER LABORATORY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Privacy
Section 5. Links to Other Sites
The website may contain hyperlinks to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by The Winter Laboratory of the linked website. The Winter Laboratory is not responsible for the content of linked websites and does not make any representations regarding the accuracy of materials on such websites. If you decide to access a linked website, you do so at your own risk.
Section 6. Indemnity
You agree to defend, indemnify, and hold harmless The Winter Laboratory, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Materials (including software) or your breach of the terms of this Agreement. The Winter Laboratory shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 7. User Information
The Winter Laboratory may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and use of this website, for its own internal business and marketing purposes. The Winter Laboratory will not distribute or disclose this information to third parties.
Section 8. General
The Winter Laboratory makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including software) may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Any action related to this Agreement shall be brought only in the state and federal courts of the State of Arizona and both parties waive any objection to the personal jurisdiction of and venue in such courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or other agreement for software or materials on particular Web pages, this Agreement constitutes the entire Agreement between you and The Winter Laboratory with respect to the use of the website. Any changes to this Agreement must be made in writing, signed by an authorized representative of The Winter Laboratory.