Terms of Use

Effective January 1, 2015

Your Agreement

The following are terms of a legal agreement between you and WynTec, LLC.  This Terms of Use explains our policy regarding your use of Wyntec  (“We”, “Us”, “Our”)   web sites.   By using our web sites (e.g. accessing any web page, using our web based software) you agree you have read and understood these Terms of Use, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations.  If you do not agree with these Terms, you are not authorized to use our web sites and should discontinue using our web sites in any manner.

 Age Restrictions

Our web sites are for people age 18 or older.  In certain jurisdictions, the age of majority may be older than 18.   If you are younger than the age of majority in your jurisdiction, you are not entitled to use of our web sites and should discontinue any use of our web sites.

 General Information

These Terms govern your browsing and use of all content (such as text, data, information, software, graphics or photographs) that we may make available on our web sites and any services we may provide through any of our web sites.

 Changes to this Policy

As we update and change our organization’s products and services, we may update these Terms of Use at any time.  We will review and update our Terms and will note the date of its most recent revision at the top of the Terms of Use web page.  The most current version will supersede all previous versions.If we make material changes to these Terms, we will attempt  but are under no agreement to do so, to send you a notification to the email address we have on file for you, if you have created an account with us.    If you disagree with the revised Terms, you should discontinue use of our web sites.  Continued use of our web sites after a revised Terms of Use is posted on the web site and notification is sent to you, will constitute your agreement to the revised Terms.

 Links to Other Products and Services

We may display ads or links to other web sites on our web sites for products and services from our company or third parties.  Clicking on these ads may transfer information about you to non-Wyntec web sites.  We do not endorse or make any representations about other web sites.  We are not responsible for the accuracy, reliability or security of any information in any form found on those web sites.

 We are not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from one of our web sites.    Accordingly, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

Trademarks

WynTec® and A2B Data™ are the registered trademarks of WynTec, LLC, and other WynTec  product names, service names, slogans, or logos referenced in this web site are trademarks, service marks or registered trademarks of WynTec, LLC.   All other company, product or service names referenced in this web site are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

 No employee or other representative of Wyntec is authorized to grant permission to use our trademarks or to provide guidance in their use, unless licensed within a formal written agreement.   Wyntec will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to our trademarks, product names or services.

 Feedback and Other Information You Send To Us

All feedback, comments, suggestions, ideas, information or materials submitted to us shall be considered non-confidential and our property. By submitting such materials to us, you agree to a no-charge, worldwide assignment to us of all right, title and interest in the copyright and other intellectual property rights to the materials, and we shall be free to use the materials on an unrestricted basis.

 Any information or material sent to us will be deemed as NOT confidential. By sending us any information, you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, the information. You also agree that IBM is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose in any form.

 E-MAIL and Other Electronic Communications

When you visit our web sites or send e-mails to us, we may respond to you by e-mail or by posting notices on our web sites.   You agree that all such notices and other communications that we provide electronically will satisfy any legal requirement that such communications be in writing.

 Use of Web Site Information

You may download, view, copy and print web site information subject to the following: (i) the web site information may be used solely for personal, informational and non-commercial purposes; and (ii) the web site information may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any web site information in whole or in part without the prior written permission of Wyntec.  Additionally, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute the web site Information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

 Use of Software

Any software we provide for download is protected by the applicable copyright, patent or other intellectual property rights of either Wyntec or other licensor. Any use of the software is subject to the terms of the applicable end-user or open source license agreement.

 All evaluation or limited, time-disabled  trial software is provided “AS IS” for evaluation only for a limited period of time and may not be used for development or production purposes.

 Product and Services Availability

Information we publish on our web sites may contain references to products and services that are not available in your country.

 Protecting Yourself

It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information on your devices as you deem appropriate.

Government Users

Use duplication or disclosure of the web site information by the U.S. Government is subject to the restrictions set forth herein as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

 Governing Law and Jurisdiction

This web site is controlled by Wyntec.  All matters relating to your access to, or use of, this web site shall be governed by U.S. federal law or the laws of the State of Delaware.  Any legal action or proceeding relating to your access to, or use of, this web site shall be instituted in a state court in Delaware or a federal court in Delaware. You and Wyntec agree to submit to the jurisdiction of these courts in any such legal action or proceeding.

 Warranties and Disclaimers

ALL WEB SITE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WYNTEC SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED (IN FACT OR IN LAW), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.ADDITIONALLY, IN NO EVENT WILL WYNTEC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

WYNTEC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS WEB SITE OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE.

 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.  Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Wyntec may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Wyntec’s liability shall be the minimum permitted under such applicable law.

 Limitation of Liability

IN NO EVENT WILL WYNTEC BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS,LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE WYNTEC WEB SITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEB SITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF WYNTEC HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

 United States Government Rights

All Wyntec products and publications are commercial in nature. The software, publications and software documentation available on our web sites are “Commercial Items,” as defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a) (5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R.

  • 52.227-19 and other relevant sections of the Code of Federal Regulations.

 Our publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

 Indemnification

You agree to indemnify, defend and hold harmless Wyntec, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the our web sites or violation of these Terms.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and,in such case, you agree to cooperate with Wyntec’s defense of claims, and in no event may you agree to any settlement affecting us without our written consent.

 Disclaimers

Information on our web sites is not promised to be correct, current or complete.  The web sites may contain technical inaccuracies or typographical errors.  We assume no responsibility for updating our web sites to keep information current or to ensure the accuracy or completeness of any information.

You agree it is your responsibility to confirm the accuracy and completeness of all information on our web sites before making any decision related to any services, products or other matters described on our web sites.

We make no assurances that any reported problems or inaccuracies will be resolved by us.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WYNTEC WEB SITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND.  WYNTEC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WYNTEC MAKES NO WARRANTY THAT THE WEB SITES WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ACCURATE.

 Other Agreements

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this web site.  In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use.

 Copyright

Except where otherwise specified, the contents of our web sites are subject to copyright. Copyright © 2015 WynTec, LLC.   All rights reserved.

The contents of  our web sites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties.