Terms and Conditions

Terms and Conditions for WhirlWind Technologies, LLC

Thank you for visiting WhirlWind Technologies, LLC (WhirlWind) website (“Site”). We hope you enjoy your visit. WhirlWind provides the information contained on the site to you, subject to the following Terms and Conditions (“Terms”), which may be updated by WhirlWind from time to time without notice to you. You can review the most current version of the Terms at any time at: http://www.WWindtech.com/terms/

I.
License and Agreement
The information provided at the Site is provided by WhirlWind under a limited license granted to you and subject to the Terms. WhirlWind may revoke your license to access the Site at any time. By accessing the Site you hereby agree to be bound by the Terms. If you do NOT agree to the Terms, please close this Site and delete any cached copies of the Site or part thereof, that may be stored on your computer system.

II.
Limitations of Use
The Information contained at the Site is WhirlWind’s property, and is protected by applicable copyright, trademark, trade secret, and other proprietary rights. Pursuant to this agreement, you agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit any information or content on the Site in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the information or content in whole or in part without the express written consent of WhirlWind or relevant others. Notwithstanding the foregoing, such usage shall be permitted solely to the extent it constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended. Cached copies shall not be proactively preserved, or copied, or archived for any purpose, beyond what is done by your web browser.

III.
Modifications to Service
WhirlWind reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that WhirlWind shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

IV.
Termination
You agree that WhirlWind, in its sole discretion, may terminate your access to the Site (or any part thereof) and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if WhirlWind believes that you have violated or acted inconsistently with the letter or spirit of the Terms. WhirlWind may also in its sole discretion and at any time discontinue your access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of thee Terms may be effected without prior notice, and acknowledge and agree that WhirlWind may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that WhirlWind shall not be liable to you or any third-party for any termination of your access to the Site.

V.
Dealings With Third Parties
Your correspondence or business dealings with, or participation in contracts or proposed contracts or other business transactions with parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that WhirlWind shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties presence on the Site.

VI.
Links
The Site may contain, or third parties found at the Site may provide, information from and links to other World Wide Web sites or resources. Because WhirlWind has no control over such sites and resources, you acknowledge and agree that WhirlWind is not responsible for the accuracy, timeliness, or availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, data, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WhirlWind 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 data, content, goods or services available on or through any such site or resource.

VII.
WhirlWind’s Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in the Site or information presented to you through the Site is protected by copyrights, trademarks, trade secrets, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WhirlWind or such third parties, you agree not to use, distribute or create derivative works based on the Site or the Software, in whole or in part.

[WhirlWind grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by WhirlWind for use in accessing the Site.]

VIII.
[User Accounts and Password
To the extent you wish to access the non-public areas of the Site, you must receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WhirlWind of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WhirlWind cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.]

IX.
User Conduct
You agree to not use the Site to:

  1. upload, download, store, post, email, text, instant message or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a WhirlWind official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  5. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the General Services Administration, U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. “stalk” or otherwise harass another; or
  13. collect or store personal data about other users.

You acknowledge that WhirlWind does not pre‑screen content, but that WhirlWind and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Site. Without limiting the foregoing, WhirlWind and its designees shall have the right to remove any content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by WhirlWind or submitted to WhirlWind, including without limitation information in all parts of the Site.

You acknowledge and agree that WhirlWind may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third‑parties; or (d) protect the rights, property, or personal safety of WhirlWind, its officers, directors, employees or members, and their agents and representatives, Site users and the public.

You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

X.
Representations and Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHIRLWIND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT.
  2. WHIRLWIND MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHIRLWIND OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

XI.
Intellectual Property

Copyrights

WhirlWind respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WhirlWind’s Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

WhirlWind’s Copyright Agent for Notice of claims of copyright infringement on its site is: Harvey S. Jacobs, Esq. who can be reached at Jacobs & Associates~Attorneys-at-Law, LLC 111 Rockvile Pike, Suite 975, Rockville, MD 20850.

Trademarks/Servicemarks

All trade names, trademarks, servicemarks and other product and service names and logos featured herein are the proprietary trademarks of their respective owners and are protected by applicable federal, state, and/or local trademark laws. Unauthorized use of a trademark or servicemark is punishable by law.

XII.
Jurisdiction
This License is governed by the laws of the State of Maryland without regard to its provisions of conflicts of law. Should any provision of this License or portion thereof be held illegal or unenforceable by an appropriate jurisdiction such provision shall be limited or severed and the remainder of the License shall continue in full force and effect. Neither the rights nor the obligations arising under this License are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect. The Information is subject to United States export controls and must not be downloaded or used by any person in violation of any US law, rule or regulation nor be exported or re-exported into any embargoed country in violation of US export-control laws. The failure of either party to enforce its rights under this License at any time for any period shall not be construed as a waiver of such rights.

XIII.
Federal Compliance
Certification: the records, if any, relating to any images on this site required to be maintained by 18 U.S.C. § 2257 and 28 C.F.R. § 75 are located at the WhirlWind corporate office 1300 Caraway Court, Suite 200, Largo, MD 20774-5461.