Welcome to the official website (the “Website”) of RICHARD WINTRUP & ASSOCIATES (Richard Wintrup). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. Richard Wintrup may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that Richard Wintrup makes to this Agreement will be effective immediately upon posting.
- Ownership. The Website and all of its content is the property of Richard Wintrup and third parties and is protected under applicable copyright and trade-mark law.
- Limited License and Restrictions. You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that the material and content contained on the Website is made available to you for your lawful, personal and non-commercial use and that you may only download such material and content for the purpose of viewing the Website from a single personal computer. You agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited and is a violation of Richard Wintrup’s intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without Richard Wintrup’s written permission.
- Termination. Richard Wintrup shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice.
- Your Conduct. You warrant and undertake that in your use of the Website you shall:
- use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
- not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
- not transmit or distribute any material or information which contravenes any applicable law or any person’s legal rights; and
- use current virus monitoring software when using the Website.
- Inaccuracies. Richard Wintrup endeavors to present the most recent, most accurate, and most reliable information on the Website at all times.
- EXCLUSION OF LIABILITY. NEITHER RICHARD WINTRUP NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY RICHARD WINTRUP OR ANY PERSON FOR WHOM RICHARD WINTRUP IS RESPONSIBLE EVEN IF RICHARD WINTRUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
- Linking, Framing and Data Mining. Richard Wintrup makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of Richard Wintrup are strictly prohibited. When you access any other website you understand that it is independent from Richard Wintrup and that Richard Wintrup has no control over the content or availability of that website. In addition, a link to any other site does not mean that Richard Wintrup endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
- Indemnification. You agree to indemnify, defend, and hold harmless Richard Wintrup, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Richard Wintrup violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
- Canada. Unless otherwise specified, the materials on this website are displayed solely for the purposes of promoting Richard Wintrup’s services available in Canada and Richard Wintrup makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
- Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
- Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
- Force Majeure. Richard Wintrup shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Richard Wintrup.
- Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.