TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 04/09/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Wynd Technologies Inc.,
also known as Wynd, located at 509 Fox Ct W, Redwood City, California 94061 and our subsidiaries and
affiliates, in association with the use of the Wynd website, which includes hellowynd.com, (the "Site") and
its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
To showcase and sell Wynd products to customers.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the
herein contained Services provided for the purpose of this TOS. Once an individual register's for our
Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Wynd Technologies Inc.. At its discretion, Wynd
Technologies Inc. may offer additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise stipulated. Wynd
Technologies Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Wynd
Technologies Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of the Services provided, after
such posting of any updates, changes, and/or modifications shall constitute your acceptance of such
updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all
applicable terms and policies should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the
provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided "AS IS" and as such Wynd Technologies Inc. shall not assume any responsibility or obligation
for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving Wynd's Services under the laws and statutes of the United States or other
applicable jurisdiction.
When you register, Wynd may collect information such as your name, e-mail address, birth date, gender,
mailing address, occupation, industry and personal interests. You can edit your account informaô€€—on at any
time. Once you register with Wynd and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Wynd
Technologies Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of
this aspect of the Agreement, and as such refuse any and all current or future use of Wynd Technologies
Inc. Services, or any portion thereof.
It is Wynd Technologies Inc.'s priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child under the
age of 13 that permit their child or children access to the Wynd website platform Services must create a
"family" account, which will certify that the individual creating the "family" account is of 18 years of age
and as such, the parent or legal guardian of any child or children registered under the "family" account. As
the creator of the "family" account, s/he is thereby granting permission for his/her child or children to
access the various Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services
and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Wynd
Technologies Inc. Online Privacy Policy (see the full Privacy Policy at
https://shop.hellowynd.com/pages/privacy-policy). As a member, you herein consent to the collection and
use of the information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by Wynd Technologies Inc. and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any user(s) that access your account
information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify Wynd Technologies Inc. immediately if you notice any unauthorized access or use
of your account or password or any other breach of security. Wynd Technologies Inc. shall not be held
liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the
TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the Wynd Services, and as such, we
do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of
our Services, you may be exposed to content including, but not limited to, any errors or omissions in any
content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by Wynd.
Furthermore, you herein agree not to make use of Wynd Technologies Inc.'s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Wynd officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Wynd Technologies Inc. Services, servers and/or networks that
may be connected or related to our website, including, but not limited to, the use of any device
software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a "foreign terrorist
organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Wynd Technologies Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such content
that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or
members.
Wynd Technologies Inc. herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such action is
deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Wynd Technologies Inc., its visitors, users
and members, including the general public.
Wynd Technologies Inc. herein reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of information and/or material is subject to
usage guidelines and regulations established by Wynd Technologies Inc. or any other content providers
supplying content services to Wynd Technologies Inc.. You are hereby prohibited from making any attempt
to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or materials supplied by our
Services, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using hellowynd.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages, uploading
of files, photos and/or videos, you will be causing communications to be sent through our computer
network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that
the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Wynd Technologies Inc. shall not lay claim to ownership of any content submitted by any visitor, member,
or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow for Wynd Technologies Inc. the below listed worldwide, royalty-free and non-exclusive licenses,
as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Wynd
Technologies Inc.'s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Wynd
Technologies Inc.'s sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Wynd Technologies Inc.'s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of Wynd Technologies Inc.'s sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Wynd Technologies Inc.'s sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and/or publicly display said content, whether in whole or in part, and the incorporation of
any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Wynd Technologies Inc.'s sites are those
such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to both users and members. However,
those areas which are not open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Wynd Technologies Inc. provides an area for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Wynd shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c) Wynd shall be entitled to make use of and/or disclose any such Contributions in any such manner as
they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Wynd; and
e) Wynd is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Wynd Technologies Inc., our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of Wynd Services or your connection with these Services,
your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Wynd's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Wynd Technologies Inc. may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of days that any email,
message posting or any other uploaded content shall be retained by Wynd Technologies Inc., nor the
maximum number of email messages that may be sent and/or received by any member, the maximum
volume or size of any email message that may be sent from or may be received by an account on our
Service, the maximum disk space allowable that shall be allocated on Wynd Technologies Inc.'s servers on
the member's behalf, and/or the maximum number of times and/or duration that any member may access
our Services in a given period of time. In addition, you also agree that Wynd Technologies Inc. has
absolutely no responsibility or liability for the removal or failure to maintain storage of any messages
and/or other communications or content maintained or transmitted by our Services. You also herein
acknowledge that we reserve the right to delete or remove any account that is no longer active for an
extended period of time. Furthermore, Wynd Technologies Inc. shall reserve the right to modify, alter
and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals
with whom you communicate with the ability to save your conversations in your account located on Wynd
Technologies Inc.'s servers. In this manner, you will be able to access and search your message history from
any computer with internet access. You also acknowledge that others have the option to use and save
conversations with you in their own personal account on hellowynd.com. It is your agreement to this TOS
which establishes your consent to allow Wynd Technologies Inc. to store any and all communications on its
servers.
MODIFICATIONS
Wynd Technologies Inc. shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of hellowynd.com, you may cancel or terminate your account, associated email address
and/or access to our Services by submitting a cancellation or termination request to
support@hellowynd.com.
As a member, you agree that Wynd Technologies Inc. may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and
access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation
of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
hellowynd.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with hellowynd.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within hellowynd.com;
b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Wynd
Technologies Inc. shall not be held responsible or liable for any loss or damage of any nature or manner
incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our
website.
LINKS
Either Wynd Technologies Inc. or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites
or resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that Wynd Technologies Inc. shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Wynd Technologies Inc.'s Services and any essential software
that may be used in connection with our Services ("Software") shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law
or as authorized by Wynd Technologies Inc. or such applicable licensor, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works
which are based on Wynd Technologies Inc. Services (e.g. Content or Software), in whole or part.
Wynd Technologies Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by Wynd Technologies Inc. for use
in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF WYND TECHNOLOGIES INC. SERVICES AND SOFTWARE ARE AT THE
SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
"AS IS" AND/OR "AS AVAILABLE" BASIS. WYND TECHNOLOGIES INC. AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) WYND TECHNOLOGIES INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WYND
TECHNOLOGIES INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) WYND TECHNOLOGIES INC. SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS
WHICH MAY BE OBTAINED FROM THE USE OF THE WYND TECHNOLOGIES INC.
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL
MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF WYND TECHNOLOGIES INC. SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM WYND TECHNOLOGIES INC. OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WYND
TECHNOLOGIES INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Wynd Technologies Inc. (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from
claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such
dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. Wynd Technologies
Inc.'s content is provided primarily for informational purposes, and no content that shall be provided or
included in our Services is intended for trading or investing purposes. Wynd Technologies Inc. and our
licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be responsible or liable for any
trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Wynd Technologies Inc. may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Wynd Technologies Inc. trademarks,
copyright, trade name, service marks, and other Wynd Technologies Inc. logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of Wynd
Technologies Inc.. You herein agree not to display and/or use in any manner the Wynd Technologies Inc.
logo or marks without obtaining Wynd Technologies Inc.'s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Wynd Technologies Inc. will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, Wynd Technologies
Inc. may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights
of others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you should
provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Wynd Technologies Inc. Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Wynd Technologies Inc.
Attn: Copyright Agent
509 Fox Ct W