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Winchester offers the services available on its Site conditioned upon your acceptance of all the limitations of use and prohibited activities set forth in this Agreement. Your continued use of the Site following the posting of changes means that you accept and agree to the changes. As long as you comply with this Agreement, Winchester grants you a limited, non-exclusive, non-transferable, revocable privilege to enter and use the Site. Specific usage rights include:
Unless another license applies to you, you may use Content purposely made available by Winchester for downloading from the Site, provided that you: (a) use the unaltered downloaded copy only for your personal, non-commercial informational purpose; (b) not make any additional representations or warranties relating to information contained in the downloaded copy; and (c) do not engage in any of the prohibited uses described below.
The following are Prohibited Uses by any User:
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IN NO EVENT WILL WINCHESTER, ITS SERVICE PROVIDERS OR ITS PREFERRED PARTNERS BE LIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, FOR ANY INFORMATION (INCLUDING WINCHESTER INFORMATION), AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WINCHESTER, ITS SERVICE PROVIDERS, OR ITS PREFERRED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
UNDER NO CIRCUMSTANCES WILL WINCHESTER BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE OR SERVICES. WINCHESTER IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES.
WINCHESTER AND ITS SERVICE PROVIDERS ARE NOT LIABLE FOR INFORMATION ON THE SITE THAT IS INACCURATE DUE TO TECHNICAL DEFECTS IN SOFTWARE USED ON THE SITE, WHETHER INDUCED BY THEIR RESPECTIVE SYSTEMS OR BY SOFTWARE PROVIDED BY THIRD PARTIES.
If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.
Winchester reserves the right to terminate service to you without further notice or explanation if it finds at its sole discretion a violation of this Agreement. Your continued ability to access the Site does not constitute a waiver by Winchester of rights under this Agreement.
This Agreement and the relationship between you and Winchester are governed by the laws of the State of Ohio without regard to any conflict of law provisions.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement will remain in full force and effect. Winchester’s failure to insist on or enforce strict performance of this Agreement is not to be construed as a waiver by Winchester of any provision or any right it has to enforce this Agreement, nor will any course of conduct between Winchester and you or any other party be deemed to modify any provision of this Agreement. This Agreement does not confer any rights or remedies on any third parties.