Terms of Use

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This Agreement contains the terms and conditions that govern your use of the www.winegard.com website and mobile apps (collectively the “Site”). If you do not wish to be bound by this Agreement after you have read it, please leave the Site. This Site is registered to Winegard Company ("Winegard") and hosted operated by Winegard Company collectively, "we,” "us,” or "our").

BY CLICKING THE "ACCEPT" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.

WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF THE HOMEPAGE ON THE SITE.

Access to this Site

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. Your registration information and any associated content will be deleted if we believe that you are under 13 years of age. We reserve the right to terminate your access to this Site for any reason or no reason at any time without notice.

Restrictions on Use

You may use this Site for purposes expressly permitted by this Site. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. In addition, you may not use this Site in any manner which could disable, overburden, dam¬age, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

Personal and Non-Commercial Use Limitation

The Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without Winegard Company's express prior written consent.

Proprietary Information

The material and content accessible from this Site, and any other website owned, operated, licensed, or oth¬erwise controlled by Winegard Company, is the proprietary information of Winegard Company (the “Content”). Accordingly, the Content may not be copied, distributed, republished, up¬loaded, posted, or transmitted in any way without the prior written consent of Winegard Company and you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary no¬tice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Winegard Company's intellectual property rights. No intellectual prop¬erty rights are transferred to you by access to this Site.

Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Winegard Company. Winegard Company retains all rights with respect to any of its respective trademarks, service marks, logos, and copyrighted works appearing in this Site.

Content is: Copyright 2018 Winegard Company. All rights reserved.

Hyper-Links

This Site may be hyper-linked to other sites which are not maintained by or related to us. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and we make no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site.

Disclaimer

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WINEGARD COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WINEGARD COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINEGARD COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WINEGARD COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WINEGARD COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WINEGARD COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation on Liability

WINEGARD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WINEGARD COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WINEGARD COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO WINEGARD COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Winegard Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, members, managers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Winegard Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Winegard Company considers insecure, Winegard Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Winegard Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Winegard Company reserves the right to investigate suspected violations of these Terms of Use.

Winegard Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Winegard Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD WINEGARD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WINEGARD COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WINEGARD COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneou

  • Choice of Law. These Terms of Use will be governed and interpreted pursuant to the laws of Iowa, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Iowa in connection with any dispute between you and Winegard Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Iowa. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.
  • Severability. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.
  • No Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Winegard Company as a result of this Agreement or use of Winegard Company's websites.
  • Entire Agreement. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Winegard Company with respect to Winegard Company's websites. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.
  • Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • Non-Waiver. The failure of Winegard Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
  • Titles. The section titles are for convenience only and have no legal or contractual effect.

Winegard Company will treat any personal information that you submit through this Site in accordance with its Privacy Policy.

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