Terms of Use

Windham Professionals Terms of Use

Last Updated: March 20, 2017

Acceptance of Terms

These Terms of Use (these “Terms”) govern the use of the website(s) of Windham Professionals, Inc. (the “Site”). The Site is operated by us and will provide information to visitors and our customers (collectively, “You” or “Your”) about us and our services, solutions, and other information, as well as customer and consumer access to accounts. We ask that you please review these Terms carefully, which govern your use of the Site. By using the website, you agree to these Terms. If you do not agree, please do not use the Site.

Your use of this Site is subject to Windham’s Privacy Policy, which is incorporated herein by reference. You may read the current version of our Privacy Policy by selecting the “Privacy Policy” link on our website, www.windhampros.com.

Content

The Site contains original material, including without limitation, software, text, graphics and images, trademarks, service marks and logos (collectively “Content”) which is posted on the Site and protected by intellectual property laws. We give you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Site for the purpose of enabling your use of the Site as permitted by these Terms. Unauthorized use of the Content is strictly prohibited. Except as expressly provided for by these Terms or permitted by prior written consent from us, all rights are reserved and you are not granted any rights under these Terms. If we have given you permission to make any copies of certain portions of the Content, you must retain all copyright and other proprietary notices contained in or on the Content on any copy you make of the Content. If we have not given you permission to make a copy of the Content, then you agree you will not make any such copies. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access or use the Content and the Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

You may not use the Site to transmit unsolicited email. You may not send unsolicited email to the Site or to anyone whose email address includes the domain name used on the Site, if any. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof their identity when using the Site.

Posted Material

You agree not to post or store on the Site any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files or other material (collectively “Material”); that violates or infringes upon our or any third party’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas);, that violates U.S. law, or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

By posting Material to the Site, you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform or publicly display all or any portion of the Material on the Site, subject to our Privacy Policy. You further represent and warrant that you own all rights to such Material or that you have obtained the signed, written permission of the owners of all rights in such Material.

We may remove, disable, or restrict access to or the availability of any Material from the Site (including, but not limited to, Material that you have posted or stored) that we believe, in good faith and in our sole discretion, to violate these Terms (whether or not we are in fact correct in our assessment). If you believe that we have acted mistakenly with respect to certain Material, you may contact us, in which case we may investigate the matter further. We may, however, take no further action. Posting or storing Material at the Site is a privilege, not a right. Under no circumstances may we be held liable for removing, disabling or restricting access to or the availability of Material.

Third Party Information

We may provide third party links on the Site as a convenience to you. We have no control over the content posted at these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, responsibility, or endorsement. If you decide to access any third party links, you do so at your own risk. If you believe that we have provided a link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable or delete it.

We make all attempts to comply with the Digital Millennium Copyright Act of 1998. You may contact us if you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Site without authorization. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

Warranty Disclaimer

WE, INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE SITE, OR ANY CONTENT, MATERIALS, INFORMATION OR SERVICES PROVIDED FOR ON OR BY THE SITE. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ITS SECURITY, ITS AVAILABILITY, OR ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES PROVIDED FOR ON OR BY THE SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THESE TERMS, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, OR ANY CONTENT, MATERIALS, INFORMATION OR SERVICES PROVIDED FOR ON OR BY THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability to you shall be limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Site, or any Content, Materials, information or services provided for on or by the Site. We shall provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under these Terms. In such case, you agree to cooperate with any reasonable requests assisting us in the defense of such matter.

Compliance with Laws

You expressly agree to comply with applicable laws as those laws relate to the Site and these Terms, including without limitation, the Content and Materials found herein. You are solely responsible for compliance with the applicable laws of your specific jurisdiction regarding your use of the Site and these Terms, including without limitation, the Content and Materials found herein.

If you use the Site to make payments, you are also bound by our Collections Notice and the Windham ESIGN Disclosure and Consent, which are incorporated herein by reference. You are responsible for confirming the accuracy of the information you provide for each payment you submit, including, without limitation, credit or debit card numbers, routing numbers, bank account numbers, email addresses, telephone numbers, and the amount of the payment.

When you use your bank account to make a payment, you are requesting an electronic transfer from your bank account. We will make electronic transfers using the Automated Clearing House network for these transactions from your bank account using the amount you specify. When you use your credit or debit card to make a payment, you are requesting a payment through the appropriate payment card network. Once you have provided us your authorization, you may only cancel the electronic transfer or credit or debit card transaction using the directions provided to you during the authorization process.

In connection with your use of our Site, account access, or in interacting with us, you shall not breach these Terms; provide false, inaccurate or misleading information; take any action that overloads our systems; circumvent our policies, procedures, or security or privacy controls; attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; use any viruses, Trojan horses, worms, or other harmful computer programs that adversely impact our systems or data; use any robot, spider, other automated software to copy our website without our prior written consent; or interfere with our website or systems. We may limit or terminate your account or Site access, without prior notice, for your failure to comply with these Terms.

Changes to Terms

We may change these Terms from time to time by posting a revised version of the Terms on this Site or a website that replaces this Site. Changes to the Terms are effective immediately after posting on the Site. Your continued use of the Site after such changes constitutes your agreement to the modified Terms. You should review the Site frequently for revisions to the Terms. If you do not agree to the modified Terms, you should discontinue your use.

In our sole discretion, at any time, and without prior notice, we may suspend or discontinue the services offered through our Site.

Other Terms

These Terms are governed by the internal substantive laws of the State of New Hampshire without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Rockingham County, New Hampshire. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly agreed to in writing by us, these Terms constitute the entire agreement between the parties with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicenses. These Terms do not create any third party beneficiary rights. Except as otherwise stated in our Privacy Policy, any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Provisions of the Terms relating to limitation of liability, indemnification, venue, choice of law, and any other provisions that by their nature should survive, will survive the termination of these Terms.

Should you have any questions or concerns in regard to these Terms, please contact us via email at ConsumerSolutions@windhampros.com, or if you prefer, please contact us at the following address:

Windham Professionals, Inc.
380 Main Street
Salem, NH 03079.