OVERVIEW
Access to and use of the Windstone Capital (“we” or “us”) website located at www.windstonecapital.com (“Website”) are subject to the following terms and conditions and all applicable laws. In exchange for providing access to the Website, you agree to abide by these Terms of Service, as updated occasionally. If you disagree, you should not use the Website.
IMPORTANT INFORMATION: The Website is for informational purposes only and is in no way an invitation to invest in the securities of Windstone Capital or its related issuers (the “Related Issuers”). Investing in securities is fraught with danger. Purchases of securities must not be based on the information on the Website but instead on the information contained in an Offering Memorandum or the appropriate disclosure applicable to the issuer. The integrity and completeness of the information presented here are not guaranteed, even though it has been compiled from sources deemed reliable.
SECTION 1 – ONLINE COMMUNITY TERMS
You agree to only access and use this Website for legal purposes. You are solely responsible for knowing and abiding by all applicable laws, statutes, rules, and regulations regarding your use of the Website. By accessing the Website, you agree that you will not: • Use the Website to commit a criminal offense, or to encourage others to conduct acts that would constitute a criminal offense or give rise to civil liability; • Post (or transmit) any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content; • Use the Website to impersonate other parties or entities; • Use the Website to upload any content that contains a software virus, such as a Trojan Horse or any other computer codes, files, or programs that may alter, damage, or interrupt the daily function of the Website (or the hardware/software of any other person who may access the Website); • Upload, post, email, or otherwise transmit any materials, that you do not have the right to transmit under any law (or under any contractual relationship); • Alter, damage, or delete any content posted on the Website; • Disrupt the Website’s standard functionality in any way; • Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation; • Post any material that infringes (or violates) the intellectual rights of others; or • Collect (or store) personal information about others.
SECTION 2 – GENERAL CONDITIONS EXPIRATION OF LICENCE
We reserve the right to refuse service to anyone for any reason at any time. We may (at our sole discretion) suspend/terminate your access to or use of the Website without prior notice if you violate these Terms of Service or engage in other behaviour that we deem harmful/illegal to others. Note: In the event of termination, you are no longer permitted to access the Website, and we will employ any means necessary to ensure compliance.
SECTION 3 – Investing in related issuers’ securities
PAST PERFORMANCE MAY NOT BE REPEATED. Investing in securities entails substantial risk, and an investment’s value may decline or increase. There is no performance guarantee. A security investment is not intended to be a comprehensive investment programme and should only be made after consulting with independent investment and tax advisors. The potential purchase of securities of Related Issuers should only be considered by investors who do not require immediate investment liquidity. The hazards associated with this form of investment may be higher than those associated with other investment types. It is essential for an investor to consider the specific risk factors that may influence the industry in which it invests and, consequently, the stability of the distributions it receives. Recovery of an initial investment is in jeopardy, and the expected return on such an investment is contingent on numerous performance assumptions. There is no assurance that the income tax laws and the treatment of mutual fund trusts will not be modified in a manner that is detrimental to investment. Please refer to the relevant Offering Memorandum to discuss the hazards of investing in securities.
The Website contains “forward-looking information” defined by the applicable securities laws. Prospective information may relate to future events or performances. Forward-looking information includes but is not limited to information about a company’s distributions, growth potential and volatility, investor returns, ability to achieve operational efficiencies, and other non-historical statements. These statements are based on the management’s reasonable assumptions, but there is no guarantee that actual results will be consistent with these forward-looking statements. Numerous assumptions, risks, and uncertainties, both known and unknown, contribute to the possibility that the forward-looking statements will not occur and may cause actual results to differ materially from those anticipated by such forward-looking statements. In a typical Offering Memorandum, investment risks are discussed. These forward-looking statements are made as of the date of this communication. Neither Windstone Capital nor any Related Issuer nor any other entity is obligated to update any forward-looking statements after the date of this communication, except as required by applicable law.
SECTION 4 – MARKS AND PROPERTY RIGHTS
The Website contains content that belongs to us or is licenced to us. This material comprises the design, layout, style, appearance, and graphics but is not limited to these elements. You are permitted to view, download, and print portions of the Website solely for your personal, non-commercial use or as otherwise permitted by us, provided that you do not alter or remove any copyright or proprietary notices from the materials. Any other use of Website content, including reproduction, modification, distribution, republication, transmission, retransmission, or public display, is strictly forbidden.
You may not remove or obscure copyright notices or other notices from information or products obtained from the Website.
Our trademarks are all protected under the US law. Use of our trademarks without authorisation is strictly prohibited. All other trademarks, service marks, company names, and company logos used or referenced on this Website belong to their respective proprietors.
SECTION 5 – INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
We are not liable if this site’s information is inaccurate, complete, or current. The content on this Website is for general information purposes only. It should not be relied on or used as the sole basis for making choices without accessing primary, more accurate, more comprehensive, or more current sources of information. Any reliance on this website’s information is entirely at your own risk.
This Website may contain historical information. Historical material is, by definition, outdated and is given only for your convenience. We retain the right to change the contents of this site at any time, but we are under no duty to keep any material on our site up to date. You acknowledge that it is your obligation to keep track of changes to our Website.
SECTION 6 – SERVICE AND PRICES MODIFICATIONS
Our product prices are subject to change without notice.
We retain the right to alter or terminate the service (or any portion or content thereof) at any time and without notice.
We will not be accountable to you or anyone else if the service is modified, priced, suspended, or discontinued.
SECTION 7 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain items or services may only be offered via the Website. These items or services may be in limited supply and are only returnable or exchangeable following our Return Policy.
We have attempted to portray the colours and pictures of our items that show in the shop as precisely as possible. We cannot guarantee that the colours seen on your computer monitor will be accurate.
We retain the right, but are under no obligation, to restrict the sale of our goods or Services to any individual, geographic location, or jurisdiction. We may exercise this privilege on an individual basis. We retain the right to restrict the quantity of any of our goods or services. At our sole discretion, all product descriptions and prices are subject to change at any moment without notice. At any moment, we have the right to withdraw any product. Any offer made on this site for any goods or service is void where prohibited.
We make no guarantee that the quality of any items, services, information, or other material bought or accessed by you will meet your expectations, nor do we guarantee that any mistakes in the service will be repaired.
SECTION 8 – SUBSTANCE
We reserve the right to monitor any content provided by you. We reserve the right to delete, relocate, and/or alter any postings brought to our attention that we deem objectionable or inappropriate for any reason, legal or otherwise.
Any ideas, proposals, or other information submitted or collected through the Website shall be considered non-confidential. By submitting information to the Website or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions and that we may disclose or use any offer for any purpose, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea, or proposal in any way.
SECTION 9 – ERRORS
This Website’s pages are provided solely for your general information and use. It is subject to alteration without prior notice. Although the information on the Website is intended to be accurate, no representation or warranty is made regarding its veracity or dependability. We make every effort to ensure that all information is displayed accurately; however, occasionally, some information may need to be more accurate. Product, service, and other information may be modified without notice. We reserve the right to revoke any stated offer and resolve errors, inaccuracies, or omissions.
Prospective purchasers of securities should only rely on the information contained on this Website if such information is included in a current Offering Memorandum. This Website is not intended to provide investment, financial, legal, tax, or accounting advice in any way. Prospective investors should contact their own professional or other advisors or a securities dealer duly registered in the jurisdiction in which they reside to determine whether particular securities may be lawfully sold in the jurisdiction in which they reside and to obtain the appropriate investment, financial, legal, tax, or accounting advice.
SECTION 10 – INVESTOR OPTIONAL TOOLS
We may provide you access to third-party investor optional tools over which we have no monitoring, control, or involvement.
You understand and agree that we offer access to such tools “as is” and “as available” without any warranties, representations, or terms of any kind and without any endorsement. We accept no responsibility originating from or related to your use of optional third-party tools.
Any use of optional investor tools supplied via the site is solely at your own risk and discretion. You should ensure that you are aware of and approve of the conditions under which the relevant third-party provider(s) supply the tools.
We may provide additional services and/or features via the Website in the future (including introducing new tools and resources). These Terms of Service will apply to any other features and/or services.
SECTION 11 – THIRD-PARTY LINKS
The Website may include links to external websites on occasion. These links are provided for your informational convenience. They do not indicate our endorsement of the Website (s). We assume no responsibility for the content of the website(s) to which we link.
IF YOU ARE UNDER THE AGE OF MAJORITY, YOU MAY NOT:
If you are under the age of majority in Ontario or your home jurisdiction, you may only use this Website under the supervision of a parent or legal guardian. PLEASE DO NOT USE THIS WEBSITE IF YOU ARE UNDER 13 YEARS OF AGE. Discuss with your parents which sites are appropriate for you.
SECTION 12 – LIMITATION OF LIABILITY
Using any information or materials on the Website is entirely at your own risk, and we assume no responsibility. You are responsible for ensuring that any products, services, or information on the Website satisfy your particular requirements.
UNDER NO CIRCUMSTANCES SHALL WE, OUR PARTNERS, EMPLOYEES, REPRESENTATIVES, OR ANY OTHER PERSON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, LOSS
Unauthorised use of the Website may result in a claim for damages and/or constitute a criminal offence.
SECTION 13 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS FROM USERS
Suppose you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, ‘comments’). In that case, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us in any medium. We are and will be under no duty to (1) keep any comments confidential, (2) compensate for any remarks, or (3) react to any comments.
We may, but are under no obligation to, monitor, edit, or delete material that we deem to be illegal, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that infringes any party’s intellectual property or our Terms of Service.
You agree that your comments will not infringe on any third-party’s rights, including copyright, trademark, privacy, personality, or any other personal or property right. You also agree that your comments will not include libellous or otherwise illegal content, nor will they be abusive or obscene, nor will they contain any computer virus or other malware that might interfere with the functioning of the Service or any related website. You may not use a fraudulent email address, pose as someone other than yourself, or otherwise mislead us or third-party commenters regarding the origin of any remarks. You are entirely responsible for the accuracy of any comments you post. We accept no responsibility or liability for any statements you or any other party made.
SECTION 14 – PERSONAL INFORMATION
Our Privacy Policy governs your input of personal information via the shop. Please view our Privacy Statement.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantees, representations, or warranties that your use of our service will be continuous, timely, secure, or error-free.
We do not guarantee that the results obtained from using the service will be accurate or reliable.
You agree that we may discontinue the service for indefinite periods or cancel it at any time without prior notice to you.
You expressly agree that your use of the service, or inability to use it, is entirely at your own risk. The service and all products and services delivered to you via the service are provided ‘as is’ and ‘as available’ for your use without any express or implied representation, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Windstone Capital, Corp, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) or otherwise. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
SECTION 16 – INDEMNITY
You agree to indemnify, defend, and hold harmless us and our affiliated companies and each of their respective partners, officers, directors, employees, agents, and licensors from and against any losses, claims, or demands, including reasonable legal fees, made due to content you submit or transmit through the Website, your use of the Website, your violation of these Terms of Service, or your violation of the rights of another.
SECTION 17 – SEVERABILITY
Suppose any provision of these Terms of Service is found to be unlawful, void, or unenforceable. In that case, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
For all purposes, the parties’ obligations and liabilities incurred prior to the termination date will survive the termination of this agreement.
These Terms of Service are in effect until either you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing the use of our Website.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or we suspect that you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
We shall not be deemed to have waived any right or provision of these Terms of Service if we fail to exercise or enforce such right or provision.
These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be held against the party who drafted them.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you Services are governed and construed under the laws of Windstone Capital, Corp, 4445 Corporation Ln Ste 264, Virginia Beach, Virginia 23462-3262, United States.
SECTION 21 – TERMS OF SERVICE CHANGES
The most recent version of the Terms of Service can be found on this page anytime.
We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our Website. It is your responsibility to check our Website for changes regularly. Your continued use or access to our Website or the Service after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
If you have any questions about the Terms of Service, please get in touch with [email protected].