Terms & Conditions
Updated September 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Windie mobile application (the "Service"). The Service is owned and operated by Windie LLC, a Michigan limited liability company("us", "we", or "our").
These Terms concern your use of the Service and any transactions that you engage in through the Service.Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing, viewing,or using the Service, you acknowledge that you have read,understand, and agree to be bound by these Term sand other applicable laws. If you disagree with any part of these Terms then you do not have permission to access the Service. If you do not wish to be bound by these Terms, please do not use the Service.
This Service is provided solely for the use of current and future users. It serves to provide you with information about us, to permit you to utilize the Service, and to enable you to contact us with any questions or comments that you may have. Any other use of the Service is prohibited. By way of example, you should not use any features of this Service which permits communications or postings to post, transmit, display, or otherwise communicate any of the following:
1. Defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2. Advertisement, solicitation, spam, chain letter, or other similar type of information;
3. Encouragement of illegal activity;
4. Unauthorized use or disclosure of private, personally identifiable information of others; or
5. Materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or we cancel it prior to the commencement of a new Billing Cycle. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually. Said electronic invoice will convey a certain deadline date by which you must make the full payment corresponding to that billing period.
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period,unless you previously cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial, or (ii) cancel such Free Trial.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. What constitutes as reasonable notice will be determined at our sole discretion.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except as otherwise required by law or court order, paid Subscription fees are non-refundable.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password,including but not limited to the restriction of access to your electronic device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content,images, designs, photographs, writings,graphs, data,features and functionality(“Materials”)are and will remain the exclusive property of Windie LLC and its licencors. The Materials are protected by copyrights, trademarks, trade secrets, or other proprietary rights. The Materials may not be displayed, copied,reproduced, republished, printed, posted, downloaded, transmitted, or distributed in anyway, without the prior written consent of Windie LLC. You must retain all copyright and other proprietary notices on all copies of the Materials.You shall comply with all copyright laws worldwide in your use of the Service and prevent unauthorized copying of the Materials. Except as provided in these Terms,we do not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Disclaimer of Warranty:
You expressly agree that your use of the Service is at your own risk. Neither Windie LLC, its affiliates, nor any of their members, managers,officers, directors, employees, agents, third-party content providers, or licencors (collectively, “Providers”), or the like, warrant that the Service will be uninterrupted,error-free, or that it is compatible with all electronic devices and/or applications; nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, adequacy, usefulness, timeliness,completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information.Further, we do not warrant reliability of any statement or other information displayed or distributed through the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Service. Moreover, we may make any other alterations to the Service, the Materials, the products, or prices described on the Service at any time without notice.
The Service and the information, content, products, and Materials on it are provided on an“as is,” “with all faults,”and “where available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service, the content,information, services, products, or the Materials on it. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, of any kind,with respect to any of the Materials, content, or information on the Service or any goods,services, or products offered, sold, or displayed on the Service or your use of the Service generally, including warranties of merchant ability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to these Terms.
Limitation of Liabilities:
You expressly recognize and acknowledge that your use of the Service is voluntary and may subject you to the possibility of physical injury and the loss of or damage to your property.You agree that you are solely responsible for and assume all risks in connection with your use of the Service, including but not limited to the risk of liability, loss, injury, or property damage arising from or in connection with said use.
You agree that Windie LLC and its Providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the Materials,content, services, products, or information on the Service regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Windie LLC or any of its Providers be liable to you for any direct,indirect, special, incidental, consequential, or punitive damages arising out of or in any way related to the Materials, content, or information on the Service or any services, products, or information offered, sold, or displayed on the Service, your use of, or inability to use, the Service generally, or otherwise in connection with these Terms, regardless of whether Windie LLC or any of its Providers have been advised of the possibility of such damages.Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
In consideration of the your ability to use the Service, you,on behalf of yourself and your heirs, personal representatives, successors and assigns,agree to release,indemnify, defend,and hold harmless Windie LLC, its members,managers, agents, employees, licencors ,successors, and assigns from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Service,violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.
Limitations on Claim:
Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
Links To Other Web Sites:
As a convenience to you, our Service may contain links to third-party web sites or services that are not owned or controlled by Windie LLC(collectively, “Linked Sites”).If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and/or other destructive elements.
Linked Sites, regardless of the linking form,are not maintained, controlled, or otherwise governed by Windie LLC. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Windie LLC. Windie LLC does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Windie LLC. Links do not imply that Windie LLC or the Service sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links,or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Windie LLC or any of its affiliates or subsidiaries.
Except for links to information authored by Windie LLC, Windie LLC is neither responsible nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any website(s) linked to or from any Linked Site.
If you decide to visit any Linked Sites and/or transact any business on them,you do so at your own risk.You acknowledge and agree that Windie LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Liked Sites and your dealings and/or interactions on them.
We reserve the right to discontinue any Linked Site at any time without prior notice. We strongly advise you to read the terms and conditions and privacy policies of any Linked Sites that you visit.Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Without limiting our remedies, we may terminate, discontinue,or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply cancel your subscription.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Michigan,United States, without regard to its conflict of law provisions. We make no representation that the Materials or the Service are appropriate or available for use outside of the United States. If you access the Service from outside of the United States, you will be responsible for compliance with all local laws.You agree to comply with all laws and regulations applicable to your use of the Service. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Saginaw County, Michigan, for any disputes that arise out of your use of the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,that provision shall be enforced to the maximum extent permissible,and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
A printed version of these Term sand of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any such modifications will become effective on the date that they are first posted to the Service. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes as a material change will be determined at our sole discretion. It is your responsibility to return to these Terms from time to time to review the most current version.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Electronic Communications and Electronic Signatures:
You agree to be bound by any affirmation, assent, or agreement you transmit through the Service, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that when in the future you click on an“I agree,” “I consent,” or other similarly worded “button” or entry field with your electronic device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
If you have any questions about these Terms, please contact us