Winter Properties may update this Site and these Terms, without notice, at its sole discretion. Your use of this Site after changes are posted constitutes your agreement to those changes prospectively, from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Winter Properties may, at its sole discretion, and at any time, discontinue this Site or any part thereof or prevent your use of this Site without notice. You agree that you do not have any rights in this Site and that Winter Properties, its agent and affiliates will have no liability to you if this Site is discontinued or your ability to access this Site is terminated.
Content on this Site is provided by Winter Properties or its licensors, including, but not limited to, certain graphics, photographs, images, trademarks and logos (“Winter Content”) that are the property of Winter Properties or its licensors and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any Winter Content in any publications, websites, social media or for any other commercial purpose. You further agree not to use any Winter Properties Content in any manner that is likely to cause confusion among consumers, that disparages or discredits Winter Properties and/or its licensors, affiliates and agents, that dilutes the strength of Winter Properties or its licensor’s intellectual property, or that otherwise infringes Winter Properties or its licensors’ intellectual property rights.
By entering this Site you acknowledge and agree that any company name, logo, trademark, or service mark contained on this Site and all Winter Properties Content is owned or licensed by Winter and may not be used by you without prior written approval. Nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of Winter Properties.
Representations, Warranties, and Limitations of Liability
Winter Properties makes no representations or warranties about the reliability of the features of this Site or its content. You acknowledge that any reliance on such content or systems will be at your own risk.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. YOU AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT, UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL WINTER PROPERTIES, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS EVEN IF WINTER PROPERTIES HAS BEEN ADVISED OF SUCH DAMAGES. NOR SHALL WINTER PROPERTIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WINTER PROPERTIES REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third Party Websites
These Terms will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding this Site or these Terms will be subject to federal and state courts located in New York. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
Both you and Winter Properties acknowledge and agree that no partnership is formed and neither you nor Winter Properties has the power or the authority to obligate or bind the other.
The failure of Winter Properties to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Winter Properties, shall not be deemed a breach of these Terms.
If Winter Properties fails to act with respect to your breach or anyone else’s breach on any occasion, Winter Properties is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Winter Properties, and is accepted by you upon your use of this Site. These Terms constitute the entire agreement between you and Winter Properties regarding the use of this Site. By using this Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.