Except as otherwise provided in a written agreement signed by WindWright, these Terms of Use represent the entire understanding between you and WindWright and our affiliates (collectively, “WindWright”) regarding your use of www.WindWright.com (the “Site”) and your submission of any materials to us. WindWright is providing you access to the Site subject to these Terms of Use and the WindWright.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

WindWright reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Disclaimer

WINDWRIGHT PROVIDES THE SITE AND ITS SERVICES ON AN “AS-IS” BASIS. WINDWRIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINDWRIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, WINDWRIGHT DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINDWRIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

Limitation of Liability

IN NO EVENT SHALL WINDWRIGHT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF WINDWRIGHT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WINDWRIGHT’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than WindWright. WindWright provides these links solely as a convenience. The appearance of a link does not imply WindWright’s endorsement, nor is WindWright responsible for the content of any linked site. You access linked sites at your own risk.

Eligibility

You must be 18 years or older to use the Site.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

Submissions

WindWright accepts requests for funding and requests for information through the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions, or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.

All requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to WindWright, using the Site or otherwise, (collectively, “Submissions”) are not confidential and will become and remain the property of WindWright. You agree that WindWright shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

No Commitments

WindWright reserves the right, at any time, to modify, alter, update, or remove portions of its business plan submission guidelines, without notice to you. Furthermore, notwithstanding anything to the contrary on the Site or otherwise, WindWright reserves the right to reject any request for funding or request for information for any reason, or for no reason, in WindWright’s sole discretion.

General Proprietary Rights

The Site is owned by WindWright and contains material that is derived in whole or in part from WindWright and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without WindWright’s express written permission.

Copyright

All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of WindWright, or their content suppliers, and are protected by U.S. and other international copyright laws, © 2002-2017, WindWright ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks

“WindWright,” and the WindWright logo are trademarks of WindWright and/or its affiliates. They may not be used in connection with any product or service other than those services offered by WindWright or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits WindWright or its affiliates. All other trademarks are the property of their respective owners.

Notice of Potential Infringement

To notify WindWright of any suspected infringement, please contact us at [email protected].

Applicable Law

WindWright operates the Site from Mojave, California, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of California without reference to its conflict of law provisions.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of Los Angeles County, Los Angeles, California, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination

These Terms of Use shall remain in force until terminated by WindWright. WindWright may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that WindWright, in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions