Terms of Use

Last Modified: August 29, 2023

About Us

Welcome to Winston Project LLC’s Terms of Use!

YesGeorge.com, launched in 2023, is a product of Winston Project, LLC.

We will provide you with various services as they relate to your creation of a mobile responsive website, with such services including access to website templates, webpage themes, personalized website design, search engine optimization, website advertising services, branding, and content development. The mobile-responsive websites, functionalities, and platforms created by us or by you, as a user, are collectively referred to herein as “User Platform(s)”.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. We offer a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Winston Project LLC d/b/a YesGeorge (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of some of our services and features as presented on yesgeorge.com (the “Website”), including any content, functionality, and services offered on or through the Website (the Website, and all services offered through the Website are collectively the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at yesgeorge.com/legal/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Services.

This Website and the Services are offered and available to users who are 18 years of age or older. By using this Website and the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.

Changes

We may revise and update these Terms of Use from time to time in our sole discretion. The most current version of these Terms of Use will be posted on our Website. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Our Rights

In addition to the rights identified throughout these Terms of Use, we reserve the right to change parts or all of the Services and their functionality, and any material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We further reserve the right and we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction).

User Account and Account Security

You are responsible for both: (a) making all arrangements necessary for you to have access to the Services; and (b) ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

In order to access and use the Services, you must first register and create an account with us (“User Account”). We will consider the owner of the User Platform to be the person or entity whose email address is listed in our records as the owner of the User Account under which the User Platform was created.

When creating the User Account, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with us is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat any user name, password, or any other piece of information we provide you as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Access to User Account

You may invite others to your User Account and User Platform and assign them certain roles and permissions to perform certain activities within your User Account and on the User Platform. A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”.

If anyone other than yourself (including Contributors) accesses your User Account and/or User Platform settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the Services), make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.

You will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

Intellectual Property Rights

Except for the User Contributions (defined below), the Website, the Services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, website templates, images, video, and audio, and the design, selection, and arrangement thereof which are provided by the Company), and any deviations thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your full compliance with the Terms of Use and timely payment of all applicable Fees, we hereby grant you, upon creating your User Account and for as long as we wish to provide you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services, for the purpose of generating and displaying your User Platform to the User Platform’s visitors and users (“End Users”), solely as expressly permitted under the Terms of Use, and solely within the Services. The Terms of Use do not convey any right or interest in or to our intellectual property (or any part thereof), except only for the limited license expressly granted above.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or as part as our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from the Services.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content a part of the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term YesGeorge, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Services (whether existing, suggested or contemplated), which is or may be subject to any intellectual property rights (“Feedback”), such Feedback shall be exclusively owned by us.

Third Party Services

The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Each Third Party Service is solely responsible for providing all support, maintenance and technical assistance to you with respect to their services (including their interoperation with Your Sites).

These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Any information that a Third Party Service collects, stores and processes from you or your User Platform will be subject to such Third Party Service’s terms of service, privacy notice, or similar terms, and will not be subject to our Privacy Policy. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, we merely act as an intermediary platform between you and such Third Party Services, and do not in any way endorse any such Third Party Services, nor shall we be in any way responsible or liable with respect thereto.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Services, the Services (or any part thereof), any content offered by us or third party services for use and display within User Platforms and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under the Terms of Use.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the User Platform.
Use any manual process to monitor or copy the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the User Platform is stored, or any server, computer, or database connected to the Services.
Otherwise attempt to interfere with the proper working of the Services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

User Contributions

The Services allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the User Platform. All User Contributions must comply with the Content Standards set out in these Terms of Use.

In order to provide the Services to you and to maintain and improve the Services (the “Purpose”), we will need to access, upload and/or copy your User Contribution. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for such Purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
The User Contributions are (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your End Users reside, or for us and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the Services.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.

Monitoring and Enforcement

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on a User Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Fees

The use of certain Services may be subject to payment of particular fees, as determined by us in our sole discretion (“Fees”). The total Fees for the Services is contingent upon the subscription plan (“Subscription Plan”) you purchase to access the Services. Upon registration of a User Account, you will be required to select a Subscription Plan and we will notify you of the Fees and the payment schedule applicable for your Subscription Plan. You agree to pay directly to us such Fees in relation to the Subscription Plan you decide to purchase from us. You are required to pay all applicable Fees in accordance with your Subscription Plan. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our Fees will appear on an e-mail receipt that we provide, unless otherwise indicated. Please note that different Subscription Plans have different fees and payment schedules, and terminating one Subscription Plan may not cancel all your Services.

You must keep a credit card stored with Company to pay for your Services (“Stored Card”) that are purchased directly from Company.

The Services will remain in effect until terminated in accordance with these Terms of Use. You may terminate the Services at any time. If you don’t pay for the Services on time, we reserve the right to suspend or cancel your access to the Services.

We may change our Fees at any time. We’ll provide you with advance notice of these Fee changes via the Services. New Fees will not apply retroactively. If you don’t agree with the Fee changes, you have the right to reject the change by canceling the applicable Service before your next payment date.

All Fees paid directly to us shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by us. To the extent permitted by law (and unless specified otherwise by us in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made by you. If we are obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of the Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). We are not responsible for any such additional fees or costs.

If you purchase Services directly from us, then as part of registering or submitting information to receive Services, you also authorize us (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

To ensure uninterrupted service, we’ll automatically bill you using your Stored Card for certain Services in accordance with your Subscription Plan from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current Subscription Plan. For example, if you're on a monthly Subscription Plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the Stored Card and by agreeing to these Terms of Use, you authorize us to do this. We will provide you with a reminder of such automatic charging prior to charging your Stored Card. Upon each renewal, we will provide you with an e-mailed receipt. We’ll let you know in advance if you’re purchasing a Subscription Plan that includes auto-renewal payments.

Money-Back Guarantee

If you are not happy with your initial purchase of the Services, you may provide notice of cancellation for any reason within thirty (30) days of having first ordered or activated such Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of the Services. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of the Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws.

If we receive such notice within the Refund Period, we will refund to you the amount we charged you for such Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. We will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by you in bad faith or in an illegitimate attempt to avoid payment for services actually received, we reserve our right to still charge you for any Services actually received, as permitted by the applicable law.

Term and Termination

The Terms of Use will remain in effect until terminated by either you or us. You may terminate the Services at any time. While you may terminate any Services at any time, you won't be issued a refund except as set forth in Money-Back Guarantee, or if legally required. If you enter into a Subscription Plan which requires an annual commitment and terminate or cancel the Services before the expiration of such annual commitment, the remaining balance of your Subscription Plan will become due and payable and the Company will automatically charge you using the Stored Card. We’ll let you know in advance if you’re purchasing a Subscription Plan that includes an annual commitment.

We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms of Use. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services.

Notwithstanding anything to the contrary in the foregoing, with respect to Subscription Plans, such Subscription Plans will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

All sections of these Terms of Use that by their nature should survive termination shall survive termination.

Effect of Termination

If your User Account or any Services related to your User Account are terminated, it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Contribution or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Terminated Content”). We shall not be liable in any way for such Terminated Content, or for saving a backup of your User Account, User Contribution or End User data.

We reserve the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.

YOUR USE OF THE SERVICES, AND ANY SERVICES, CONTENT, OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, AND ANY SERVICES, CONTENT, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, OR ANY SERVICES, CONTENT, OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES RESULTING FROM (1) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) THE USE OR DISPLAY OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; (6) EVENTS BEYOND THE REASONABLE CONTROL OF US, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, INTERGALACTIC STRUGGLES, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (7) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE ANY OR ALL OF SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR OUR SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the User Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Copyright Infringement

We act in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that any material on a User Platform violates your copyright, please send a notice of copyright infringement with the following information: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Our copyright agent can be reached at the following address:

[CONTACT]

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Columbus and County of Franklin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Winston Project LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

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