TERMS AND CONDITIONS OF USE
WINDERMERE ASSOCIATES, INC. PROVIDES THIS WEB SITE FOR YOUR USE CONDITIONED UPON AND SUBJECT TO YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
All material included on this site, including but not limited to text, graphics, logos, images, audio clips and software (collectively "CONTENT"), is the property of Windermere Associates, Inc. ("WINDERMERE") or its content suppliers and protected by U.S. and international copyright laws. Additionally, the compilation, through the collection, arrangement or assembly of the CONTENT is the exclusive property of WINDERMERE and protected by U.S. and international copyright laws.
No CONTENT may be copied, reproduced, republished, uploaded, transmitted, or distributed in any way without the express written consent of WINDERMERE, except that you may download one copy of the CONTENT on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the CONTENT or use of the CONTENT for any other purpose is a violation of WINDERMERE's copyright, trademark and other proprietary rights. The use of any such CONTENT on any other web site or networked computer environment is prohibited without WINDERMERE's express written consent.
CONTENT and information received through StrategyStreet may be used, displayed, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, sell, publish, or circulate the CONTENT or information received to anyone, including but not limited to others within your company or organization, without the express prior written consent of WINDERMERE or StrategyStreet.com.
1. OWNERSHIP OF CONTENT
As between you and WINDERMERE, you acknowledge that WINDERMERE exclusively owns all rights, titles and interests in and to any of the CONTENT, and any and all of its elements, and any and all copies thereof, throughout the universe, in any and all media now known or hereafter developed. You agree you will not do anything that might impair WINDERMERE's rights, titles or interests in and to such CONTENT and any and all of its elements, nor will you assert any right, title or interest in or to such CONTENT, including any copy or element thereof.
WINDERMERE uses reasonable efforts to include accurate and up-to-date information on this web site. However, it makes no representations as to the accuracy, timeliness or completeness of that information, and you should not rely upon it.
THIS SITE IS PROVIDED BY WINDERMERE ON AN "AS IS" BASIS. WINDERMERE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WINDERMERE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WINDERMERE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
3. NATURE OF ADVICE
This web site and its CONTENT is intended by WINDERMERE to provide general information on a particular subject or subjects. It is not a comprehensive or detailed review and analysis of such subjects. Therefore, the information on this web site document is not professional advice or services and WINDERMERE does not intend that you rely on it as such. Before making any decision or taking any action which might affect your business, you should consult a qualified, professional advisor.
4. APPLICABLE LAWS
This web site, excluding linked sites, is controlled by WINDERMERE from its offices within the state of California, within the U.S.A. It can be accessed in both the U.S.A. and around the world. Because each of these localities has laws that may differ from those of California, by accessing this web site both you and WINDERMERE agree that the statutes and laws of the state of California, without regard to California's conflicts of laws principles, will apply to all matters relating to use of this web site.
You and WINDERMERE also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to such matters.
Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Contra Costa County, California, under the auspices of American Arbitration Association, with the losing party paying all costs of arbitration.
WINDERMERE makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from localities where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
5. HYPERTEXT LINKING
The services provided through links on this site are independent of WINDERMERE and are for your interest only. WINDERMERE does not endorse or recommend these services, nor is WINDERMERE responsible for any services or goods provided by such companies. WINDERMERE shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the services or companies accessed through this web site.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all CONTENT obtained from this web site and all related documentation, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately, without notice from WINDERMERE, if in WINDERMERE's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all CONTENT and all copies of content obtained from this site, whether made under the terms of this Agreement or otherwise. The disclaimers and limitations of liabilities set forth in this Agreement shall survive the termination of this Agreement.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
WINDERMERE may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
Should you have any questions concerning this Agreement, or if you desire to contact Windermere Associates for any reason, please write to:
1100 Moraga Way, Suite 208
Moraga, CA 94556