Terms and Conditions

1. RESTRICTED USE OF SITE MATERIALS

Windhover grants you a limited license to access and make use of this site. For your personal use only, you may print copies of the information from this site and store it on your own computer. You may not download or modify this site, or any portion of it, except with prior express written consent of Windhover. This license does not include: any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by Windhover. Windhover reserves all other rights.

Although Windhover provides the information accessible on this site for your personal, non-commercial use, Windhover retains property rights, such as under U.S. and international copyright law, to all such information, including but not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to such information. This means that without the prior express written permission of Windhover, you MAY NOT: distribute information from this site to others; include information from this site on another site, on a server computer, or in documents, including but not limited to "mirroring" the information and to displaying the information by means of HTML frames or similar means; or modify or re-use the information from this site. Windhover reserves all other rights.

2. COPYRIGHTS AND TRADEMARKS

Windhover is the copyright owner for all materials on this site or has the permission to use such materials, or in the case of news articles, the news articles are from publicly-available sources. No portion of this site, including but not limited to the text or images may be copied or distributed in any manner, or for any purpose, without Windhover's prior express written permission, except as provided herein. The compilation of all content on this site is the exclusive property of Windhover and is protected by U.S. and international copyright laws.

You acknowledge and agree that any name, logo, trademark, or service mark contained on this site is owned or licensed by Windhover and may not be used by you without the prior written approval of Windhover. Windhover which will aggressively enforce its intellectual property rights to the full extent of the law. Graphics, charts, information or images of places or people are either property of Windhover or used on this site with permission. Your use of any of these materials is prohibited unless specifically permitted. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, service marks, copyrights, privacy, and publicity rights.

3. LINKING, POSTING AND TRANSMITTING

Do not link to, post on, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful, or other material which could constitute or encourage unlawful conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Windhover, or other parties involved in creating, producing, or delivering this site, may monitor or review any transmissions to this site, Windhover and all parties involved in creating, producing, or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

Although this site may be linked to other sites, Windhover is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked sites, unless specifically stated herein. By entering this site you acknowledge and agree that Windhover has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

4. DISCLAIMERS

While Windhover makes reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and Windhover makes no representations or warranties as to its accuracy. THIS SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WINDHOVER ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.

5. LIMITATIONS ON LIABILITY

You acknowledge and agree that your use of this site is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, indirect, incidental, consequential or punitive damages, or any other losses, liabilities, obligations, damages, claims, demands, actions, costs and/or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

6. INDEMNITY

You agree to indemnify, defend, and hold harmless Windhover and its affiliates, and its and their respective directors, officers, employees and agents, as well as Windhover's licensors and other third parties with which Windhover contracts, from and against any and all losses, liabilities, obligations, damages, claims, demands, actions, costs and/or expenses of any kind (including legal fees, expert fees, or other disbursements) incurred by or against such persons or entities which may arise, directly or indirectly, from your access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, your violation of these Terms and Conditions and/or your violation of any rights of any third party.

7. APPLICABLE LAW AND JURISDICTION

By visiting this site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Windhover. You hereby consent to the jurisdiction of federal and state courts located in San Diego County, California for the purpose of resolving any dispute relating to your visit to this site. Windhover may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

8. USER SUBMISSIONS

You acknowledge and agree that any communication or material you transmit to this site or to Windhover, in any manner or for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to Windhover may be used by Windhover, anywhere, anytime, and for any reason whatsoever. Windhover does not accept unsolicited business plans or proposals and you agree not to submit such materials.

9. PRIVACY POLICY

Please review our Privacy Notice which governs your visit to this site, to understand our practices.

10. SEVERABILITY

If any of these Terms and Conditions are deemed invalid, void, or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining Terms and Conditions.