Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.winston-porter.com website or mobile application (the “Service”) operated by Winston Porter (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Winston Porter and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Winston Porter.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Winston Porter.
Winston Porter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Winston Porter 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 such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
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.
Warranty Disclaimer
Our Service is provided “as is”. Winston Porter and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Winston Porter nor its suppliers and licensors, makes any warranty that our Service will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, our Service at your own discretion and risk.
Limitation of Liability
In no event will Winston Porter, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Winston Porter under this agreement during the twelve (12) month period prior to the cause of action. Winston Porter shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify, defend and hold harmless Winston Porter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The Terms constitute the entire agreement between you and Winston Porter regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Additional Policies for Winston Porter® Services
The following additional policies apply when using Winston Porter® online services like our website, mobile apps, and social media pages. Please read them carefully.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on our Service. However, we do not warrant that product descriptions, colors, prices, or other content available on the Service are accurate, complete, reliable, current, or error-free.
Online Purchases
When you place an order for products on the Service, we will send you an order confirmation via email. For assistance with orders, please contact customer support.
Returns & Exchanges
Items purchased on our Service can be returned and exchanged in accordance with our Return Policy. Please retain your receipt and packaging materials to facilitate returns and exchanges.
Privacy
Please review our Privacy Policy, which governs the collection, use and disclosure of your personal information when using our Service.
Shipping Policies
Please review our Shipping Policy, which governs deliveries of online orders. This includes our estimated shipping times, shipping rates, methods of delivery and processing, signature requirements, and more.
Promotions
Any sweepstakes, contests, special offers, or other promotions made available through the Service may be governed by specific rules that are separate from these Terms. By participating in any promotion, you become subject to those rules, which may vary from the terms and conditions set forth herein.
User Accounts
When you create an account on our Service, you must provide accurate personal information. You are solely responsible for safeguarding and maintaining the confidentiality of your login credentials you use to access our Service. You may not share your account information with any other person or entity. In the event of an unauthorized access to your account, you must immediately notify us.
User Content
The Service may permit you to upload, submit, disclose, distribute, or otherwise post (hereafter, posting”) content, including messages, text, images, drawings, personalities or other copyrightable materials. You retain all rights to any content posted, and by posting, you grant us an irrevocable right to use, copy, modify, adapt, transmit, distribute, publicly perform, display, commercially exploit and create derivative works of your content worldwide, for any purpose, through any media and without compensation to you.
We have no responsibility for your user content. We do not guarantee any confidentiality with respect to user content. We reserve the right to remove user content for any reason at our discretion.
Acceptable Use Policy
You agree not to use the Service to collect, upload, transmit, display, or distribute any user content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
We reserve the right to remove user content and revoke access to the Service if unlawful use is suspected.
Copyright Infringement Claims
We have a policy of responding to clear notices of alleged copyright infringement of content available on our Service. If you believe your content has been copied and posted on the Service in a way that constitutes copyright infringement, please report this by contacting our Designated Copyright Agent.
Please provide the following information:
- Description of the copyrighted work being infringed.
- Identification of the infringing material.
- Your contact information including email, name, address, and phone number.
- A statement that you have a good faith belief the disputed use is not authorized by the copyright owner.
- A statement made under penalty of perjury that the information provided in the notice is accurate.
