Terms and Conditions
1. General
a. WinEstimator, Inc. ("WinEstimator") maintains this Internet site (the
"Site") for informational and communication purposes. Your access to and
use of this Site is subject to the following Terms and Conditions of Use
and Privacy Statement ("Terms"), as well as any modifications issued by
WinEstimator to these Terms and all applicable laws and regulations. By
using this Site, you agree and will be deemed to be bound by these
Terms. If you do not want to be bound by these Terms, do not use this
Site.
b. Among other things, this Site provides general information concerning
various WinEstimator products and services and the opportunity to obtain
additional information concerning those products and services or to
purchase them. These Terms and the information provided in this Site in
no way override the terms and conditions of your purchase of any product
or service except as specifically provided therein.
2. Changes in Terms
a. WinEstimator shall have the right at any time and without prior notice
to revise the terms and provisions of these Terms or to impose new terms
and conditions with respect to access to or use of this Site. Such
revisions and additions shall be effective immediately upon notice
thereof, which may be given by any means, including but not limited to
posting the revised or additional terms and conditions on the Site. Any
access or use of this Site by you after notice of revisions or additions
to these Terms shall constitute and be deemed to be your agreement to
such revisions or additions.
b. WinEstimator also shall have the right to terminate this Site or any
products or services offered through the Site, or any individual's right
to access or use any portion of or product or service offered through
the Site, at any time and without prior notice.
3. Site Content
The information and materials posted on this Site may contain errors,
omissions, or typographical errors or may be out of date. WinEstimator
may change, delete, or update any posted information or materials at any
time and without prior notice. The information and materials posted on
this Site are provided for informational purposes only and are not
binding on WinEstimator in any way except to the extent they are
specifically indicated to be so.
4. Linked Third Party Sites
Links to other Internet sites operated by third parties, including members
of WinEstimator's authorized dealer network or WinEstimator's corporate
partners, do not constitute sponsorship, endorsement, or approval by
WinEstimator of the content, policies, or practices of such linked
sites. Linked sites are not operated, controlled, or maintained by
WinEstimator, and WinEstimator is not responsible for the availability,
content, policies, or practices of linked sites. Links to other sites
are provided for your convenience only, and you access them at your own
risk.
5. Disclaimer of Warranty
WinEstimator makes no warranties or representations whatsoever concerning
this Site or any linked site or its content, including the availability
of any site or the information and materials on it or the accuracy,
completeness, or timeliness of that information and materials.
WinEstimator also does not warrant or represent that your access to or
use of any site will be uninterrupted or free of errors or omissions,
that defects will be corrected, or that the site is free of computer
viruses or other harmful components.
6. Limitation on Liability
Under no circumstances will WinEstimator be liable to any persons for any
direct, indirect, consequential, incidental, special or punitive damages
whether in contract or in tort, including negligence, arising in any way
out of access to our use or of inability to access or use the site or
any linked site or its contents. This is including but not limited to
lost profits, business interruption or loss of programs or other data on
computer systems or otherwise even if WinEstimator is expressly advised
of the possibility of such damages.
7. Trademarks and Copyrights
WinEst, Virtual Takeoff, eTeam (C) 1999-2005 WinEstimator, Inc.
The WinEstimator logo and WinEstimator Inc. are trademarks of
WinEstimator, Inc. All rights reserved.
Microsoft, Visio, Project, Windows, the Windows Logos, Excel, Solomon,
Great Plains and the MCP program are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other
countries.
QuickBooks and Master Builder are registered trademarks of Intuit, Inc. in
the U.S. and/or other countries.
Intel and the Intel Inside Logo are trademarks of Intel Corporation in the
U.S. and/or other countries.
AMD and the AMD logo are trademarks of Advanced Micro Devices Corporation
in the U.S. and/or other countries.
Primavera and P3 are trademarks of Primavera Systems in the U.S. and/or
other countries.
RS Means is a trademark of Reed Business Information in the U.S. and/or
other countries.
Unless otherwise noted, the trademarks, logos, and service marks used on
the Site are owned by WinEstimator or by third parties that have
licensed their use to WinEstimator. You may view and download these
marks for informational purposes only as permitted by applicable
copyright laws and must retain intact all copyright and other
proprietary notices. Other use of these marks, except as specifically
permitted in these Terms or the Site content or a writing signed by
WinEstimator, is strictly prohibited.
8. Submissions
Other than your e-mail address or customer information, which is subject
to the Privacy Statement set forth in Section 10 herein, any
communication or material you transmit to this Site by electronic mail
or otherwise, including any questions, comments, suggestions, or the
like, is and will be treated as non-confidential and non-proprietary and
may be used by WinEstimator, members of its authorized dealer network,
its corporate partners, or their affiliates or related entities for any
purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore,
WinEstimator, members of its authorized dealer network, its corporate
partners, and their affiliates and related entities are free to use any
ideas, concepts, know-how, or techniques contained in any communication
you send to this Site for any purpose whatsoever, including, but not
limited to, developing, manufacturing, and marketing products or
services using information contained in such communication.
9. Indemnification
You agree to defend, indemnify, and hold harmless WinEstimator, members of
its authorized dealer network, its corporate partners, and their
affiliates and related entities and their respective directors,
officers, employees, and agents from and against all claims, losses,
damages, liabilities, and costs (including but not limited to reasonable
attorneys' fees and court costs, arising out of or relating to your
breach of these Terms or your access to or use of this Site. The
foregoing indemnification obligation shall survive termination of these
Terms and the Site and any product or service provided to you arising
out of or relating to your use of the Site.
10. Privacy Statement
a. WinEstimator respects the privacy of personally identifiable
information about visitors to this Site such as names or e-mail
addresses and will collect such information about you only when you
knowingly and voluntarily submit it. WinEstimator never sells or rents
e-mail addresses or customer information to third parties. Information
provided is only used by WinEstimator and its authorized dealer network,
except where you expressly consent to expanded usage. WinEstimator will
not use personally identifiable information about visitors to the Site
for the purpose of broadcasting unsolicited e-mail newsletters or
bulletins and will transmit such newsletters or bulletins only to
individuals that specifically request to subscribe. WinEstimator also
will not authorize use of personally identifiable information about
visitors to the Site by members of its authorized dealer network for the
purpose of broadcasting unsolicited e-mail newsletters or bulletins.
b. WinEstimator may use personally identifiable information about visitors
to the Site in aggregate form to make the Site better and more
responsive to the interests of such visitors. Statistical compilations
of such information also may be used by WinEstimator or provided to
others for marketing, advertising, or research purposes.
c. WinEstimator may collect certain non-personal information about
visitors to the Site, including but not limited to the identity of their
Internet browsers, the types of operating systems they use, their
locations, and the domain names of their Internet service providers.
Such non-personal information may be used for purposes including but not
limited to improving the content of the Site, marketing, advertising, or
research.
d. WinEstimator is not responsible for the privacy policies or practices
of members of its authorized dealer network, advertisers, operators of
linked sites, or other third parties.