Terms of Use

 

Thank you for visiting wingatehills.com (“this site”), provided to you by PRTN, LLC, a North Carolina limited liability company (“PRTN”).  This document sets forth the terms and conditions that apply to your use of this site. The effective date of this Terms of Use Agreement (these “Terms of Use”) is January 1, 2020.  This version of the Agreement of use replaces and supersedes any prior terms of use applicable to this site.

 

This site is owned by PRTN.  We, PRTN, and our affiliates and third party agents, provide this site and related services to you, the user of this site, only for your personal, non-commercial use and subject to your acceptance of and compliance with these Terms of Use.  Please read the terms contained herein carefully before using this site and/or the services associated therewith.  Your use of this site and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this site.

Changes to this Agreement

 

1.     We reserve the right, in our sole discretion, to revise the Agreement at any time.  Any changes to these terms will be included in a revised version of this Agreement accessible through the site.  Your continued use of the site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms.  You must cease using the site if you do not agree to be bound by the revised terms and conditions.

 

Privacy Information

 

2.     By using this site and/or communicating with us, you consent to our collection and use of personal information as discussed in our PRIVACY POLICY, which is hereby incorporated into this Agreement.

 

General Use and Site License

 

3.     This site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside, (if such age is 18 or older).  If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian.  If you are a parent or legal guardian, you agree to be responsible for their use of this site.  Even for users that are minors being supervised by a parent or guardian, you affirm in any event that you are over the age of 13 as this site is not intended for children under 13.  If you are under age 13, then please do not use this site under any circumstances.

 

4.     We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of this site.  You may view, copy, download or print materials from this site for your own personal and non-commercial use.  In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other site, except that you may provide a link to this site in connection with your non-commercial and personal use of social media websites and services, such as Facebook and Twitter, as well as through blogs or similar types of postings.

 

5.     Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right to (a) modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content on the site, including but not limited to the trademarks and copyrights of Woodbridge and its affiliates, or to make derivative use of the site or its contents; (b) make commercial use of the site or any of its contents; (c) collect and use product listings, descriptions or images; (d) bypass any technical measures used to prevent or restrict access to any portion of the site; (e) reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (f) use any date mining, robots, or similar automated data gathering and extraction tools to access the site; (g) violate or attempt to violate the security of the site, or (h) interfere with or attempt to interfere with the proper working of the site.

 

6.     You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason.  We reserve the right, in our sole discretion, to refuse service, and to block or prevent future access to and use of this site.  Following termination of this license, the terms of this Agreement shall still survive such termination to the fullest extent  permitted by law.

Intellectual Property Rights

 

7.     Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, trade and marketing methods, text and other material, and all other intellectual property of every kind of nature, is the property of Woodbridge or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws.  All of the content on this site is either the property of Woodbridge or is used by us with the permission of its owner or otherwise used in accordance with applicable law.  The compilation of this site is the exclusive property of Woodbridge and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Woodbridge’s ownership of the site and its content.

 

8.     The trademarks, logos, and service marks displayed on this site are owned by Woodbridge and third parties, and this site’s trade dress is owned by Woodbridge.  All trademarks not owned by Woodbridge are the property of their respective owners, and, where used by Woodbridge, are used with permission or otherwise used in accordance with applicable law.  Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.  Woodbridge’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission.

 

9.     Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.  For information on how you may obtain authorization to use any materials or content from this site, or to use Woodbridge trademarks, service marks, product names or trade dress, please contact us at the address below.

 

Site Promotions and Transactions

 

10.     We are not responsible for typographical or other errors or omissions regarding products, prices or other information provided on this site. All product and service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply.  Promotional offers and prices are available for a limited time as specified on the site.  Prices and promotions are subject to change without prior notice, and inventory and availability are subject to change.

 

11.     The posting of prices on this site is not an offer for sale of goods or services, and the order confirmation is not an acceptance of an offer to purchase goods or services.  Despite our best efforts, some items shown on this site may be mispriced.  The contract for sale of goods or services between us and any customer is not entered into until we enter into a written agreement.

 

12.     Depending on your location, items purchased from this site may be subject to tax at the appropriate state and local rate.  Applicable taxes will be displayed during the ordering process.

 

Links to Third Party Sites Provided by Us

 

13.     From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site.  We have not reviewed the accuracy of the content of any linked third party site.  No endorsement of any such linked third party site is made, either express or implied.  Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.  Use of such links is at your own risk.

 

Disclaimer of Warranties; Indemnification; Resolution of Disputes

 

14.     Woodbridge provides this site and the associated services in connection with one or more affiliated companies and third party agents.  Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Woodbridge, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

 

15.     THIS SITE, ITS CONTENT, AND ASSOCIATED SERVICES ARE PROVIDED BY WOODBRIDGE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WOODBRIDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WOODBRIDGE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.  FURTHER, WOODBRIDGE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY DISCLOSURES ON THIS SITE SATISFY GOVERNMENT REGULATIONS REGARDING THE DISCLOSURE OF INFORMATION RELATED TO CERTAIN PRODUCTS.  WOODBRIDGE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.

 

16.     BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK.  WOODBRIDGE DOES NOT WARRARNT OR GUARANTEE THAT ITS SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF WOODBRIDGE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.  FURTHER, WOODBRIDGE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND WOODBRIDGE, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

 

17.     WOODBRIDGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WOODBRIDGE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, WOODBRIDGE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATIONS STORED ON WOODBRIDGE’S COMPUTERS AND/OR SERVERS.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WOODBRIDGE, ITS SUBSIDIARIES OR AFFILIATES – WHETER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY – ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO WOODBRIDGE. YOU SPECIFICALLY ACKNOWLEDGE THAT WOODBRIDGE SHALL NOT BE LIABLE FOR CONTENT OF OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING LIES ENTIRELY WITH YOU.

 

18.     CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THSES LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

19.     You agree to indemnify, defend and hold harmless Woodbridge, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.

 

20.     You agree that if you are dissatisfied with the site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Woodbridge with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with this site.

 

21.     This site is created and maintained by Woodbridge in the State of North Carolina.  We make no representation that the site or any of its content is appropriate or available for use outside the United States of America, and access to the site from territories where the content is illegal is prohibited.  You agree that you are solely responsible for compliance with applicable local laws connected with your use of this site.

 

22.     You agree that the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Woodbridge or its affiliates.  Regardless of where you access this site, you agree that any action or proceeding arising out of this Agreement or your use of this site, whether at law or in equity, must be brought in the state or federal courts servicing Iredell County, North Carolina, and you herby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.  You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises.  You agree that a cause of action filed after this date is barred.

 

23.     You are solely responsible for your interactions with other members that use this site.  We reserve the right, but have no obligation, to monitor disputes between you and other uses of this site.

 

General Information

 

24.     This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them.  This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Woodbridge.  If any provision of this Agreement is determined  to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement.  Woodbridge’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

25.     The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

26.     The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Woodbridge without restriction.

 

27.     Any rights not expressly granted herein are reserved.

 

Disclaimers Related to Real Estate Sales

 

32.     EQUAL HOUSING OPPORTUNITY. Woodbridge is committed to equal housing opportunity and to advertising and marketing product that does not obstruct the obtaining of housing due to race, color, religion, sex, handicap, familial status or national origin.

 

33.     The information on this website shall not be deemed an offer or a solicitation of the purchase or sale of any securities.  No statement contained herein should be construed as investment advice.  Prospective purchasers or investors are urged to seek expert investment advice.

 

Contact Information

 

If you have any questions or suggestions regarding these terms and conditions or desire to contact the Designated Agent, please contact us at:

 

PRTN, LLC

132 Joe V Knox Ave, Ste 105

P.O. Box 3608

Mooresville, NC 28117

704-799-9770

ATTN: Jeff Cernuto

© 2020 PRTN, LLC

132 Joe Knox Avenue, Suite 105

P.O. Box 3608 Mooresville, NC 28117 (704) 799-9770