Terms and Conditions

A. Restrictions

The information available through the Winn Online Database Subscription Service is the property of Winn Technology Group, Inc. e–Ventus agrees not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Database Subscription Service to anyone without the express prior written consent of Winn. Copying and distributing Winn’s original content to third parties from the Database Subscription Service is prohibited.

e–Ventus is prohibited from:
(a) using or permitting the use of the information to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or,
(b) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party.

B. Compliance

If Winn determines that e–Ventus is not in compliance with this Agreement, Winn reserves the right to take such legal action as is deemed necessary including but not limited to denial of access to the online database.

C. Termination

Either party may terminate this Agreement by sending written notice of termination to the other party not less than 30 days prior to such termination. Upon termination, Winn shall be paid for database access through the last day of the month of termination.

Payments received from HP on behalf of e–Ventus will be reimbursed for the number of complete (not partial) months left in the quarter in question. The reimbursement will be due NET 30 from termination date.

D. Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, terrorist attack, epidemics, acts or omissions of vendors or suppliers, transportation difficulties or other occurrences which are beyond either party’s reasonable control. In the event that Winn is prevented or delayed in the delivery of the work product for reasons beyond its control, such delivery shall take place as soon thereafter as is reasonably possible. This provision shall not apply to any payment obligations under this Agreement.