Terms and Conditions of Use
This website is operated by WinForest Partners LLC (referred to in these Terms of Use and Privacy Policy as “WinForest”, “we”, “us” or “our”). Please carefully review these Terms and Conditions of Use and our Privacy Policy “Terms of Use” or “Terms”). These Terms of Use govern your use, access, and browsing of this website, including any mobile site, blog, app, email, social media, feature, software, product, service, information, or content made available, displayed, or offered by or through WinForest (collectively, this “Site”). By using this Site, you acknowledge that you understood, accepted, and agreed to be bound by these Terms of Use, whether or not you have read them and whether you are a casual visitor, licensee, or recipient of our email newsletter. If you do not agree with these Terms, you are not permitted to use or access this Site.
I. Description of Services
The Site contains material about WinForest and its various products. Certain sections of the Site are intended for particular audiences including WinForest's employees, customers and shareholders, and the general public. Please feel free to browse the Site, as appropriate. Your access to and use of the information on the Site is subject to these Terms and all applicable laws. By accessing this Site, you accept, without limitation or qualification, these Terms and acknowledge that it supersedes any other agreement between you and WinForest with respect to access and use of this Site.
II. Changes to the Terms
WinForest reserves the right to change these Terms at any time and for any reason, in its sole discretion. We will notify users of any changes to these Terms. Notification will either be made by way of an e-mail or by posting of the changes on the Site. Changes to these Terms will be effective 30 days following constructive notice. Your continued use of the Site after any change has become effective will constitute your acceptance of those changes.
III. Registration
We may require you to create an account with us in order to access certain features on this Site, such as the Investor Portal.
When registering for your account or for certain events or features of this Site, you agree that you will provide WinForest with accurate, truthful, complete, and updated information. Failure to do so shall constitute a breach of these Terms of Use, which may result in suspension or termination of your account or your denial from such events or features. We, in our sole discretion, reserve the right to refuse or cancel registration.
When you open an account to use or access this Site, you may be asked to provide a username and password. You agree that we may store and use any registration data, including your user name and password, you provide for use in maintaining your account. We may require you to periodically change your password.
You agree to use your best efforts to maintain the security and confidentiality of your username, password, and account (collectively, a “User ID”). You are fully responsible for all activities that occur under your User ID, whether or not authorized by you. You may not use the User ID of someone else at any time. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose. You agree to notify WinForest about any unauthorized use of your User ID or any breach of security related to your use of the Site. You should use particular caution when accessing your account from a public or shared computer.
You further agree that WinForest shall not be liable for any loss or damage arising out of, or related to, your use of your User ID by you or by any other party, either with or without your knowledge. You may be held liable for any losses incurred by WinForest, including its subsidiaries, entities owned, related to or controlled by WinForest, its employees, staff, officers, directors, consultants, agents, suppliers, contractors, and representatives, due to someone else's use of your User ID.
IV. User Information
Information you provide to WinForest (your “User Information”) may be required to provide the Site and provide other services. Your User Information also includes data from using the Site, which may include information you provide (including any account information). You consent to us using your User Information to create an account that will allow you to access and use our Services and our Sites. Our collection and use of your User Information is as provided in our Privacy Policy located at Illinois. IN CONSIDERATION OF YOUR USE OF THE SITE, YOU GRANT WINFOREST A NON-EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, TRANSFERABLE, SUB-LICENSABLE (THROUGH MULTIPLE TIERS) RIGHT AND LICENSE TO EXERCISE THE COPYRIGHT, PUBLICITY, AND DATABASE RIGHTS YOU HAVE IN YOUR USER INFORMATION, AND TO USE, COPY, PERFORM, DISPLAY AND DISTRIBUTE SUCH INFORMATION TO PREPARE DERIVATIVE WORKS, OR INCORPORATE INTO OTHER WORKS, OR INTO ANY MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN. WinForest does not assert any ownership rights over your User Information; rather, as between you and WinForest, you retain full ownership of all of your User Information and any intellectual property rights or other rights associated with your User Information.
V. Third Party Content
This Site may contain links or references to other Internet sites or products or services of third parties over whom we or nor our affiliates have no control (“Third Party Content”). WinForest does not verify, and is not responsible for, the accuracy, authenticity, appropriateness, completeness, reliability, safety, or privacy practices of Third Party Content. WinForest makes no representation concerning, and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of Third Party Content. Inclusion of, linking to, or permitting the use of any Third Party Content does not imply our approval, sponsorship, or endorsement thereof. WinForest does not make any representations or warranties as to the security of any information (such as financial and other sensitive information) you might give on any third party site.
WinForest will not in any manner be liable for or responsible for any loss or damages that may arise from your dealings or interaction with third parties, including your use or reliance on any Third Party Content found on our Site. You expressly waive any and all claims you may have against WinForest and release WinForest from any and all liability arising from or related to the Third Party Content, whether or not authorized by WinForest.
If you decide to leave this Site and access or use third party sites, you do so at your own risk and you should be aware that our Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from this Site.
VI. Forward-Looking Statements
You acknowledge and agree that any reliance on Site shall be at your sole risk. You are cautioned not to make any decisions based on the Site and not to place reliance on forward-looking statements reflected on the Site. The access to or use of the Site is no substitute for and does not replace professional advice. You should obtain professional advice if you have a particular question at hand. All content on the Site is based on knowledge and facts available at the time of publication. WinForest undertakes no obligation to publicly revise or update any forward-looking statements.
VII. Prohibited Use of the Site
You agree to not use this Site in the following ways:
(1) for any purpose that is unlawful, improper, or prohibited by these Terms;
(2) to conduct yourself in any way that may be construed as threatening, harmful, abusive, harassing, stalking, defamatory, libelous, vulgar, profane, obscene, offensive, objectionable, pornographic, obscene, unlawful, illegal, fraudulent, tortuous, giving rise to civil or criminal liability, invasive or in violation of another's right of privacy or publicity, hateful, bigoted, racially or ethnically offensive, in violation of an applicable local, national or international law, including but not limited to laws related to copyrights, trademarks, patents, or trade secrets, or otherwise objectionable as determined by us in our sole discretion;
(3) to promote information that is known to be, inaccurate, misleading, or false;
(4) to advertise or otherwise solicit funds, goods, or services, such as through contests, sweepstakes, barter, pyramid schemes, or other form of unauthorized advertising or commerce, without our prior written consent;
(5) to express or imply that any statements you make are endorsed by WinForest without our specific prior written consent;
(6) to forge any TCP/IP packet header or any part of the header information in any email or other communication, send unsolicited, altered, deceptive, or false source-identifying email or other communications, including, without limitation, junk mail, spam, and chain letters;
(7) in a manner that could damage, disable, overburden, or impair our (or our third party providers') server or the networks connected to any our server;
(8) to collect or harvest any information about other users or to attempt to gain unauthorized access to accounts, computer systems, or networks associated with any WinForest's servers, data not intended for you, or otherwise violate any security features of this Site, through hacking, password mining, or any other means;
(9) to distribute or facilitate the distribution of viruses, corrupted data, trojan horses, spiders, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, obtain unauthorized access to, scrape or expropriate any system, software, data or personal information;
(10) to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by WinForest in providing this Site, or attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces, or create derivative works based on the Site;
(11) adversely affect the enjoyment and availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text), or excessively large embedded images); or
(12) copy, distribute, rent, lease, lend, sublicense or transfer the Site, or make the Site available to any third party, including your affiliates, parents or subsidiaries, without WinForest's specific prior written consent;
(13) any violation of system or network security may subject you to civil and/or criminal liability.
VIII. Feedback Submission
Users may submit feedback regarding WinForest and this Site. However, any comments, notes, suggestions, review, ideas, suggestions, concepts, services, feature, program, product, software, application, tool, or other communications (“Feedback”) sent to WinForest shall be and remain the exclusive property of WinForest. Your submission of any such Feedback shall constitute an assignment to WinForest of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. WinForest will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. WinForest will be under no obligation to keep your Feedback confidential or to otherwise protect your Feedback.
For this reason, we ask that you not send us any comment that you do not wish to assign to us, including any confidential or proprietary information or any original creative materials such as stories, product ideas, computer code, or artwork.
IX. Minors
The site is not aimed at any person under the age of 18 years old. If you are under the age of 13 years old, you may use the Site only under the supervision of a parent or guardian.
X. Limitations of Liability
You acknowledge that your use of this Site is at your sole risk, and that we will not be held liable in any way. Under no circumstance and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall WinForest or any of its employees, OWNERS, SHAREHOLDERS, staff, directors, officers, consultants, agents, suppliers, contractors, or representatives be liable to you or any other person for any direct, indirect, general, special, incidental, compensatory, consequential, or exemplary damages, injury, or losses of any nature arising out of or in connection with the use of this Site. This includes, but is not limited to, bodily injury, emotional distress, damages for loss of profits, goodwill, use, data, personal property, or other intangible losses, accuracy of results, computer failure or malfunction, even if an authorized representative of WinForest has been advised of, or should have known, the possibility of such damages, resulting from (i) the use of, or the inability to use, this Site, (II) your communications or dealings with other users of this site or persons you meet through this site (Iii) unauthorized access to or alteration of your data transmissions, (iv) statements, representations, or conduct of any third party using this Site, or (v) any other matter relating to this Site.
XI. Disclaimer of Warranty
This Site and Service are provided to you on an “as is” and “as available” basis. We disclaim all warranties and representations of any kind, either express or implied, not expressly set out in these terms, including but not limited to warranties of merchantability, title, fitness for a particular purpose, custom, trade, quiet enjoyment, system integration, freedom from computer virus, and non-infringement of rights. We make no warranty or representation that any part of the Site will be uninterrupted, error-free, virus-free, safe to download, timely, secure, accurate, complete, adequate, useful, reliable, physically safe, or of any quality or that the defects will be corrected.
UNLESS OTHERWISE PROVIDED IN WRITING, THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NO INDEPENDENT CONTRACTOR, EMPLOYER-EMPLOYEE, JOINT VENTURE, PARTNERSHIP, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND Winforest AS A RESULT OF THESE TERMS OR YOUR USE OF THE SITE.
You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the sites or the services, beyond submitting feedback, is to terminate your account and to discontinue all use of the site.
XII. Indemnification
You agree to indemnify, defend, and hold harmless WinForest and any other party involved in creating, producing, delivering, or maintaining this Site and each of their respective owners, representatives, subsidiaries, affiliates, officers, directors, employees, agents, shareholders, contractors, advertisers, partners, related parties, licensors, licensees, suppliers, and co-branders from and against all claims, demands, damages, costs, losses, and expenses, including attorneys' fees, arising out of or related to (i) your use of this Site, (ii) your breach of these Terms of Use, or (iii) any claim that User Content or third party content, or any reliance thereof, caused damage to your or a third party.
XIII. Use License
Permission is granted to temporarily download one copy of the content (information or software) on this Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (1) modify or copy the content; (2) remove any copyright or other proprietary notations from the content; (3) use the content for any commercial purpose; (4) publish, publicly display, or otherwise distribute the content, including via the Internet, any social media platform or network, or any intranet or extranet side, for any commercial or non-commercial purpose; (5) attempt to decompile or reverse engineer any software contained on this Site; (6) use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain the content; (7) transfer the content to another person or “mirror” the materials on any other server. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.
This license shall automatically terminate if you violate any of these restrictions. We reserve the right to suspend or deny at any time, in our sole discretion, your access to all or any portion of this Site.
XIV. Intellectual Property
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by WinForest, its owners or by third parties who have licensed their materials to WinForest. You may not reproduce or use WinForest's trademarks or trade dress without the prior written permission of WinForest. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by WinForest or by any third party.
If you believe that your intellectual property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact us in writing at the contact information provided on the site. You agree that, in the event we receive a written demand from a third party alleging that any User Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, we may in our sole discretion, remove or disable access to such User Content. In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of user accounts of this Site who repeatedly infringe the copyright and other intellectual property rights of others.
XV. Reservation of Rights
All rights not expressly granted herein are reserved to WinForest and its licensors. The use of our rights and property requires our prior written consent. By making this Site available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site without prior written consent.
XVI. Termination and Investigation
WinForest reserves the right to suspend or terminate your use of this Site for any or no reason, in its sole discretion. You agree that WinForest or its representatives may access your account and records to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site. WinForest does not intend to disclose the existence or occurrence of such an investigation unless required by law, but WinForest reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if WinForest believes that you have violated any of the Terms of Use, furnished WinForest with false or misleading information, or interfered with the use of this Site by others.
YOU WAIVE AND HOLD HARMLESS WINFOREST FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WINFOREST DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WINFOREST OR LAW ENFORCEMENT AUTHORITIES.
XVII. Accuracy and Completeness
Although every effort is made to ensure the accuracy of published information on or through this Site, you understand that the materials appearing on this Site could inadvertently contain technical, typographical, or photographic errors or may expose you to content that you find undesirable, objectionable, or offensive. Neither WinForest nor any author or supplier contributing to this Site is responsible to you in any way for any content displayed on this Site, nor for any error, revision, or omission in any information provided or the results obtained from your use of such information.
All data, information, definitions and other material described on the Site are for informational purposes only. This material is for your convenience and WinForest is not rendering legal, accounting, or tax advice. You should consult with your own legal, financial, and tax advisors on all matters pertaining to such subjects.
WinForest may amend, modify, discontinue, suspend, or terminate the Site, or any materials contained on the Site at any time without notice. While we will make every effort to keep content on this Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on the Site, contact information, and any other information regarding WinForest, its operations, programs, and offers, please contact WinForest at [●].
Certain portions of the Site may be subject to additional terms and conditions specified by WinForest from time to time. Your use of the Site is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
XVIII. Governing Law
These Terms shall be governed by and construed under the laws of the State of Illinois without regard for conflicts of law principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or related to this Site or the use or access thereof shall be in the state or federal courts located in Illinois The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
XIX. Severability/Waiver
If any provision of these Terms of Use is found to be invalid, void, unlawful, or for any reason unenforceable by any court having competent jurisdiction, then the provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use.
The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such terms and condition or any other term or condition. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms.
XX. Statute of Limitations
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to this Site or its services must be filed within one (1) year after such claim or cause arose notwithstanding when you become aware of a potential claim or cause, or the said claim or cause will be forever barred, without regard to any contrary legislation.
XXI. Assignment
We may assign our rights and obligations under these Terms of Use without notice to one or more third parties. In this event, WinForest will be relieved of any further obligation. You may not assign these Terms without WinForest's specific prior written consent, and any attempt by you to assign, delegate, or transfer these Terms without WinForest's consent is null and void.
XXII. Entire Agreement
Except as provided in these Terms or other terms incorporated by reference into these Terms, these Terms supersede all prior and contemporaneous proposals, statements, sales materials, presentations, or agreements, oral and written. No oral or written information or advice given by us, our agents, or our employees will create a warranty or in any way increase the scope of the warranties or obligations under these Terms.
XXIII. Privacy Policy
Please refer to our Privacy Policy which is incorporated herein by reference. Your assent to these Terms of Use includes your assent to our Privacy Policy.
XXIV. Last Modified Date of these Terms of Use
July 19,2024
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