Terms and Conditions
These terms and conditions govern the use of www.windstreamllc.com (the “Website”). The Website is owned and operated by Windstream Partners LLC (“Windstream”). By using the Website, you indicate that you have read and understand these terms and conditions (“Terms”) and agree to abide by them at all times.
Intellectual Property Rights
All content published and made available on the Website is the property of Windstream and the Website’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of the Website. You are granted a limited license only, subject to the restrictions provided in the Terms, for purposes of viewing the material contained on the Website.
Restrictions
You are expressly and emphatically restricted from all of the following:
No Warranties
The Website is provided “as is,” with all faults, and Windstream makes no express or implied representations or warranties, of any kind related to the Website or the materials contained on the Website. Additionally, nothing contained on the Website shall be construed as providing consult or advice to you.
Limitation of Liability
In no event shall Windstream, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Website, whether such liability is under contract, tort or otherwise, and Windstream, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Website.
Indemnity
You hereby indemnify to the fullest extent Windstream from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of the Terms.
Privacy
Your use of the Website is also subject to Windstream’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
Choice of Law and Choice of Forum
Any claim, action, or proceeding arising out of these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or your use of the Website will be resolved exclusively in the state or federal courts located in New York County, and you consent to the jurisdiction of those courts.
Miscellaneous
The Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will be enforced. You agree that the Terms and all incorporated agreements may be automatically assigned by Windstream in our sole discretion. You may not assign your rights or obligations under the Terms to anyone. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive the Terms will survive any termination or expiration of the Terms.
Contact Details
Questions regarding the Terms may be directed to:
Windstream Partners, LLC
Carrie Youngberg
1120 Avenue of the Americas, New York, NY 10036
917-886-5992
carriey@windstreamllc.com
