WindEverest Terms of Service V2.0Terms Of ServiceThese terms of service govern your use of our products. References to our products in this terms of service refer to all of our products and services, including our apps, websites, and software.In addition to these terms, we publish a Privacy Policy that describes how we process, collect, use, and protect your information.
Who We AreWindEverest products are provided by WindEverest Corp., a Delaware corporation. For more information about WindEverest, please visit https://www.windeverest.com/about.
Paid AccountsBilling: You can upgrade your account to access paid features, which would turn your account into a paid account. When you do that, we’ll automatically bill you from the date you convert to a paid account and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we’ll charge tax when required. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws. Refunds: You may cancel your WindEverest paid account at any time (instructions on how to do that are here). Refunds are issued if they are required by law.Downgrades: Your paid account will remain in effect until it’s canceled or terminated under these terms. If you don’t pay for your paid account on time, we reserve the right to suspend it or reduce your access to the free version of our products.Free trials: WindEverest may offer a free trial membership. If you are using a free trial membership and cancel it before the end of the trial period, all your rights to any remaining free trial period will end (unless you started your trial via our iOS app, in which case your trial will continue until the end of the trial period). Typically, we will only offer one free trial per user.Changes: We may change the fees in effect but will give you advance notice before those changes take effect. Any change in prices will apply to your next billing cycle.
Your Ownership of Your Data and the Limited Permissions You Give UsUser Content refers to the text and documents you enter, upload, and transmit when you use our products.You own your User Content; WindEverest doesn’t own it. To provide our products to you, we need your permission (in legal language, a license) to use your User Content.You grant us a license to your User Content for the limited purposes of:Operating, providing, improving, troubleshooting, and debugging our products (for example, your acceptance or rejection of suggestions may help train our suggestion engine); Protecting our products (for example, to analyze patterns in usage to prevent abuse); Customizing our products (for example, to create personalized suggestions for you); Developing new products or features (for example, creating our tone detector); and Using information you upload or provide to us (such as your name) to encourage other people in your organization to join your WindEverest Business team account.The license you give us is only for the above purposes. That means we will not, for example, sell or license your User Content to third-party data brokers.
The license you grant us is: Worldwide (so you can access your User Content from anywhere in the world);Non-exclusive (meaning you own your User Content and can also license it to other people or companies);Royalty-free (meaning we don’t pay you for it); andFor as long as intellectual property laws protect your User Content.The license you give us allows us to—solely for the purposes outlined above—store, reproduce, use, publish, and publicly display (to show your User Content to you), modify, and create derivative works of (such as providing writing suggestions and autocorrecting words) your User Content. The license you give us also permits our service providers to assist us in doing this.WindEverest does not own, control, verify, or endorse User Content. You are responsible for all of your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws).Our Intellectual Property Rights and License to YouSome of our products allow you to download client software. So long as you comply with these terms, we give you a limited, non-exclusive, non-transferable, revocable license to use our client software solely to access the products.Our products are protected by copyright, trademark, and other laws. Except for this limited license, we reserve all right, title, and interest in our products, trademarks, logos, and other brand features. We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.
WindEverest BusinessBusiness terms. When you sign up for WindEverest Business, your organization’s terms will govern your use of your WindEverest team account.
Using WindEverest Business. If you join a WindEverest Business team account, you must use the products in compliance with your organization’s terms and policies. Please note that WindEverest team accounts are subject to your organization’s control. Your administrators can downgrade, restrict, or terminate your access to a WindEverest team account and view information about it.
Limitations on Use and ResponsibilitiesAcceptable Use Policy. You must comply with our Acceptable Use Policy when you use our products.Keeping your account information up to date and safe. You are responsible for safeguarding your password to our products. Don’t share your account credentials or give others access to your account. We will use your account email address to contact you about our products, so you must ensure that your account information stays current.
Minimum age requirements. To use our products, you must be at least 13 if you reside in the United States and 16 if you reside anywhere else. If the law where you reside requires that you are older for us to lawfully provide our products to you without parental consent (including using your information), you must be that age. You may not use our products if you don’t meet these age requirements.
TerminationWe reserve the right to suspend or terminate your access to our products with notice to you if: (a) you have breached these terms or our Acceptable Use Policy, (b) you use the products in a manner that would cause a real risk of harm or loss to other WindEverest users or us, or (c) you don’t have a paid account and haven’t accessed our products for 12 consecutive months.Before suspending or terminating your account, we’ll (1) provide you with reasonable advance notice via the email address associated with your account so you can try to remedy the activity that prompted us to contact you and (2) allow you to export your documents from our products. If you fail to take the steps we ask of you after such notice, we’ll terminate or suspend your access to our products.We won’t provide notice before termination where we believe that: (a) you’re in material breach of these terms or our Acceptable Use Policy, (b) doing so would cause us legal liability or compromise our ability to provide our products to our other users, or (c) the law prohibits us from providing notice.
When this agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Warranty Disclaimers,” “Limitation of Liability,” “Resolving Disputes,” “Miscellaneous Legal Terms,” “Our Intellectual Property Rights and License,” and “Paid Accounts.” The termination of this agreement doesn’t affect any amounts owed before that termination.
Discontinuation and Modification of ProductsWe are continually changing and improving our products, and we may add or remove features or functionality. If we discontinue a product, where reasonably possible we will give you reasonable advance notice and a chance to download your stored User Content.
Open Source Software, Reverse Engineering, and Automatic UpdatesTo the extent any component of our Software may be offered under open-source license terms that we make available to you, see here for a list of the open-source software that we use. The provisions of open-source licenses may expressly override some of these terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile our products, attempt to do so, or assist anyone in doing so. Our products may update themselves automatically to ensure you’re using the latest version.
Third-Party WebsitesAny links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. WindEverest isn’t responsible or liable for those websites, products, or services.
Beta ProductsWe sometimes release products and features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other products. To improve and evaluate these products, we will log and analyze information about how you use and interact with them.
Warranty DisclaimersTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINDEVEREST, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “WINDEVEREST ENTITIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE WINDEVEREST ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. WINDEVEREST’S AFFILIATES AND THE WINDEVEREST ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
Limitation of LiabilityIN COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT SHALL THE WINDEVEREST ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO THE WINDEVEREST ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WINDEVEREST AND YOU. YOU UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.Certain countries and states don’t allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you, and you may have additional rights. In that case, you agree that the WindEverest Entities’ liability is limited to the maximum extent permissible in your country of residence.IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. WINDEVEREST’S AFFILIATES AND THE WINDEVEREST ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
Resolving DisputesLet’s try to sort things out first. Before filing a claim against WindEverest, you agree to try to resolve the dispute informally by contacting support@windeverest.com. We’ll try to resolve the dispute informally by contacting you via email. If you and we cannot resolve the dispute informally, then a party seeking to bring a formal proceeding must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to WindEverest should be sent to 1623 Lake Wilderness Ln, Kingwood, TX, 77345, Attn: Legal Department. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If WindEverest and you do not resolve the claim within sixty (60) calendar days after receiving the Notice, you or WindEverest may commence a formal proceeding.
Judicial forum for disputes. You and WindEverest agree that any judicial proceeding to resolve claims relating to these terms or our products will be brought in the federal or state courts of Harris County, Texas, subject to the mandatory arbitration provisions below. Both you and WindEverest consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, European Union member states), this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:We both agree to arbitrate. You and WindEverest agree to resolve any claims relating to these terms or our products through final and binding arbitration by a single arbitrator, except as set forth under “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.Opt-out of agreement to arbitrate. You have the right to opt out of these arbitration provisions (and any future changes to arbitration provisions) by emailing arbitration-opt-out@windeverest.com within 30 days of agreeing to a version of these terms containing arbitration terms (however, if you agreed to a previous version of these terms of service that contain an arbitration provision, you are still bound by those arbitration provisions).
Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Harris County, Texas, or any other location we agree to. During the arbitration, the amount of any settlement offer made by WindEverest or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WindEverest is entitled.
Arbitration fees and incentives. The AAA rules will govern the payment of all arbitration fees. WindEverest will pay all arbitration fees for individual arbitration for non-frivolous claims less than $75,000. WindEverest will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to agreement to arbitrate. Either you or WindEverest may assert claims, if they qualify, in small claims court in Harris County, Texas, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Harris County, Texas, to resolve your claim.NO CLASS ACTIONS. You may only resolve disputes with us individually. That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Severability. If the “NO CLASS ACTIONS” paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. If you are found to have a non-waivable right to bring a specific claim or request a specific form of relief that an arbitrator lacks the authority to redress or award under this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that particular claim or request may be brought in court, and you and we agree that litigation of this claim or request will be stayed pending the resolution of any other claims or requests for relief in arbitration.
Controlling LawTexas law will govern these terms except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
Miscellaneous Legal TermsEntire AgreementThese terms make up the entire agreement between you and WindEverest Corp., regarding your use of our products. They supersede any prior agreements.
Waiver, Severability, and AssignmentWindEverest’s failure to enforce a provision is not a waiver of its right to do so later. If a provision (other than the “NO CLASS ACTIONS” paragraph) is unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted with the goal of reflecting our intent as closely as possible. You may not assign any of your rights or obligations under these terms, and any such attempt will be void. WindEverest may assign its rights to any of its affiliates or subsidiaries or any successor in interest of any business associated with the products.
Modifications to These TermsFrom time to time, we may revise these terms to, for example, reflect changes to the law, new regulations, and changes to our products.If an update significantly negatively affects your use of our products or your legal rights as a user of our products, we’ll notify you before the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. We will give you at least 30 days after that notice before the update takes effect.
We may also update these terms in ways that won’t significantly negatively affect your rights. For example, we may change the feature or product names or change the email address you can use to contact us. In those cases, we will post the change to our website.
If you don’t agree to the updates we make, you must cancel your account before they become effective. Where required, we’ll offer you a prorated refund based on the amounts you have prepaid for our products and your account cancellation date. By using or accessing the products after the updates come into effect, you agree to be bound by the revised terms.
PRIVACY POLICYThis privacy policy (“Privacy Policy”) details the use and collection of your information by the websites (the “Sites”) and Apps operated and owned by WindEverest Corp. (“WindEverest”, “us” or “we”) and governs your access to the content and services hosted on our platform (the “Services”) and Apps. These Sites include evdead, WindEverest and the WindEverest Apps.We value your privacy and recognize our role in protecting your personal data. Please read this Privacy Policy carefully before using or proceeding to access the Sites. Your use of the Sites and Services indicate that you are accepting the policies and practices described in this Privacy Policy.
I. Information We Collect and UseWhen we refer to “Personal Data,” we mean any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly, or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier.In addition to Personal Data, we collect general information (“Usage Data”) regarding your use of the Services provided on our Sites. This Usage Data can include demographic information, information about your preferences, interests, search queries, and online activity. When Usage Data includes Personal Data, we treat the Personal Data as described by this Privacy Policy.WindEverest directly and through third-parties collects information that you provide to us from your use of the Services, and from other sources. The information we collect and how we process it depends on how you use and access the Services and we combine all of the information we have about you so that we can analyze it and provide better Services to you. We collect information, including Personal Data, as follows: Your Submissions to Us – WindEverest will collect your Personal Data when you sign up for an online newsletter, register for an event, or contact us with a question or request. For example, if you submit a request to advertise with us, you may provide us with your name, email address, employment information, telephone number, address, and company. We use this information as necessary to respond to your request or inquiry and to provide and improve the Services and our products.
Your Content Submissions – WindEverest allows users to submit content, such as comments and images, or other user generated content on some or all of our sites which we post on the Services with your consent. Users who choose to sign up for this service must provide a user name and email address. We receive any Personal Data in the comments or images you submit to us. We process this Personal Data as long as we have a legitimate interest and based on your consent. If, in addition to you, other persons are identifiable in the content you provide, you must obtain consent from those persons prior to publication.Your Location “Location Data” is collected with your consent or inferred as you use the Services. Such information will include the location of the mobile device or computer used to access the Services derived from GPS or WiFi use, your device’s IP Address, or the geographic information you provide to us (e.g. your city). We use this information to analyze the use of the Services, customize and improve the content for you on the Services, send you location-specific content, and show you events or businesses near you. We use and retain the Personal Data for as long as necessary and useful to provide personalized and improved services to you or until you withdraw consent.
Your Social Media Interactions – We receive Personal Data about you when you interact with us using the social media aspects to our Sites, on our social media pages and channels, or on other channels and content. The Personal Data includes profile name, profile identifier, and the content of your submissions. We use this information to communicate with you and for internal purposes until you withdraw consent or we do not use the social media pages anymore. Please review the privacy policies and settings of any websites, mobile applications, or social networks should you have any questions about their privacy practices. Please note that any content (e.g. comments, photographs, information and other materials) that you post directly to our Sites, including our social media pages, is public and can be read, collected or used by others. Please be cautious when disclosing any Personal Data through public activities or submissions.
Marketing and Other Informational Updates – With your consent and as otherwise permitted by law, we use your email address and other information we receive from and about you to contact you with information about our products and services and others’ products and services, provide special offers and promotions that may be of interest to you. You may withdraw your consent at any time by unsubscribing from such marketing communications. Withdrawing your consent will not affect the lawfulness of the processing before the withdrawal. We may also notify you periodically about important changes to the services. Withdrawing consent from marketing communications does not affect our ability to send you these communications, such as those related to providing services to you or responding to your requests. Contests, Surveys, Sweepstakes, and Promotions – From time to time you may be able to participate in contests, giveaways, surveys, sweepstakes or other similar promotions that we or third parties may sponsor. Participation may require sharing your Personal Data with us or third parties sponsoring the contest, giveaway, survey, sweepstakes or promotion, and you should check the rules to determine how your information will be used and shared with others. As a condition to receiving any awards or prizes, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in marketing materials. If a third party administers the contest or if we administer the contest via a third-party platform (like Facebook or Twitter), your participation may be subject to additional terms and conditions and that third-party’s privacy policy. We are not responsible for such third parties. You should carefully review the contest guidelines and these third parties’ terms and conditions before deciding whether to participate in a contest publicized or offered through the Service.
Automatic Usage Data Collection through Cookies and Similar Technologies – With your consent or as otherwise permitted by law, when you visit the Services (including our social media pages) or open our emails, we and other third-party vendors, such as advertising networks, social media widgets, affiliate partners, and analytics providers, collect certain information, including Personal Data, by automated means, such as cookies, web beacons and web server logs. The information collected in this manner includes Usage Data, IP address, browser characteristics, unique device IDs and characteristics, operating system version, language preferences, date and time of your access to the Services, referring URLs, and information about the usage of our Services. We use this information, for example, to determine how many users have visited certain website and social media pages, social media channels, or opened messages or newsletters, to evaluate and improve the Services we provide. See below for more information about our use of cookies and the retention of your Personal Data collected via cookies.
Vendor Use in Accordance with Our Privacy Policy – We may link this data with other information we have collected from and about you. Our vendors may also collect and combine information collected on our Services and emails with other information about your online activities over time, on other devices, and on other websites or apps, if those websites and apps also use the same vendors. Our vendors use the information they collect according to their privacy policies. For example, we currently use Google Analytics to collect and process certain website Usage Data for the above purposes and to facilitate our use of other Google tools (e.g. Google Display Network Impression Reporting and Google Analytics Demographics and Interest Reporting). To learn more about Google Analytics and how to opt out, please visit google.com/policies/privacy/partners/. You may be able to change browser settings to block and delete cookies when you access the Services through a web browser. However, if you do that, the Services may not work properly. Our Sites are not set up to respond or process web browser “Do Not Track” (“DNT”) signals but they do respond to browser cookie settings. You can learn to decline or opt-out of cookies by reading the section on Cookies below.
II. How We Share InformationWe share Personal Data within WindEverest (including our affiliates and subsidiaries) to fulfill our obligations to you and operate our business consistent with this Privacy Policy and applicable data protection law. In addition to what is already stated in this Privacy Policy, we will also share your Personal Data with third-parties in the following situations and for the following purposes:
III. Vendors and SuppliersWe share the Personal Data we collect with our service providers, vendors (including ad networks), and suppliers for the purposes described in this Privacy Policy, including so they can provide their services to us and you and to help us communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. Unless stated in this Privacy Policy, our service providers and vendors are only permitted to access your information in connection with performing such services.
IV. Enabling Services on the SitesWe offer a variety of services and functions through the Services. Personal Data that is collected through the Services will be used/and or disclosed to third-parties in order to enable us to provide the Services. For example, the Services allow you to interface with third-party websites, content, advertising, and features. To facilitate that interaction, we use your Personal Data and/or disclose your Personal Data to the third-party operating the websites and features.
V. Legal and Other Similar UsesThough we make every effort to preserve user privacy, WindEverest may need to disclose Personal Data when required by law when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on WindEverest or its affiliates. If we intend to turn over information related to you for any of these reasons we will use commercially reasonable efforts to provide you with advance notice, unless we are prohibited from doing so by law or court order.
VI. Online AdvertisingWe use industry standard website tracking and delivery technology to serve you relevant advertising on and off the Services. Our services display advertisements to you via targeted advertising methods. This permits us to show you certain advertising about products and services tailored to your individual interests based on information we receive from visitors of the Services and by third-parties. You may also see certain ads through your use of the Services because we participate in advertising networks. Ad networks allow us to target our advertising to users through the use of click-stream, demographic, behavioral and contextual information. The use of third-party tracking technologies to collect this information is often subject to their own privacy policies: Ad Serving – The ads appearing on our Sites are delivered to you by advertising vendors and/or by WindEverest’s own proprietary advertising delivery software. In order to serve ads to you, we may use information collected during your searches or visits to our websites and information that we specifically acquire from third parties. Advertising and Cookies – Some of our third party advertising partners may distribute cookies to users in advertisements that are provided to us. WindEverest has no access to or control over these cookies once we have received the advertisements. Some of these advertisers and services we use to deliver advertising may be engaging in online behavioral advertising as defined by the Digital Advertising Alliance (DAA) and Federal Trade Commission (FTC). Affiliate Advertising – We participate in affiliate advertising and allow affiliate links to be encoded on some of our pages. This means that we may earn a commission when you click on or make purchases via affiliate links and affiliate partners may use cookies to understand your use of the Services.
VII. CookiesWindEverest places small data files called cookies on your device to ensure that the Sites function properly, to track how you use our Sites, to improve our Sites and your user experience, and to tailor our Sites to your interests. Cookies are small text files that are saved on your computer or mobile device when you visit the Sites. They enable the Sites to record and/or remember your actions and preferences. WindEverest uses the following cookies on our Sites: Strictly Necessary Cookies – These cookies are essential in order to enable you to move around the Website and use its features. These cookies will be placed on your device and used even if you do not consent to the use of cookies. Performance Cookies – These cookies collect information about how you use the Sites (e.g. which pages you go to most often) to improve how the Sites work. Functionality Cookies – These cookies allow the Sites to remember the choices that you make (e.g. language or the region you are in) and provide enhanced, more personal features. Targeting/Advertising Cookies – These cookies are used to deliver online advertisements on and off the Sites that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. The cookies remember that you have visited the site and this information may be shared with other organizations, e.g. advertisers. The cookies used by WindEverest are either first party or third-party cookies. First party cookies like the ones used when you log in to your account, are set by WindEverest and share the same domain. Third party cookies, on the other hand, are stored by third party providers and organizations with different domains.We use cookies that expire once you close your browser (called session cookies) and cookies that stay on your device until you delete them or they expire (called persistent cookies). Opt-out – As part of our commitment to transparency and your privacy, we provide the following links to opt-out of cookies provided by both our first party ad server and many third party advertising partners who may be engaging in online behavioral advertising: First Party Opt-out – Please visit this link to opt-out of cookies from our first party ad serving vendor, Google: http://www.google.com/privacy/ads/ Third Party and Interest-Based/Online Behavioral Advertising Opt-out – Please visit this link to opt-out of cookies from over 50+ major third party behavioral advertising providers: http://www.aboutads.info/choices/
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IX. Third-Party Content, Widgets, Links to Other SitesOur Sites often contain or link to content that is hosted and served by third-parties. These third-parties may collect information about you through the use of their own cookies and web beacons may independently collect data or solicit Personal Data. WindEverest is not responsible for the content or privacy practices of such other sites. For questions about these sites, please consult their individual privacy policies. This Privacy Policy applies solely to information collected by WindEverest through our Sites. If you choose to purchase a product or service via our site, some special terms apply. Payments are handled by a third party payment processor, whose own terms and privacy policy will govern your transaction. We do not process, record or maintain your credit card, bank account or payment information, though the third party payment processor and/or the merchant may provide us with some data relating to your order, such as what you purchased and how much you spent. We expressly disclaim any and all liability related to your use of any third party payment processor’s system, including its privacy practices. When we link to an e-commerce site and you make a purchase on that site, we sometimes receive a small cut of the revenue. The commercial relationships with e-commerce sites are handled by a third-party company. We use the third party to help us automate the process of linking to products, especially as it distances our editorial staff from creating affiliate links themselves. Our journalists are not involved – our reviews are driven entirely by our editorial staff based on what we think. We don’t let any monetary incentives influence our editorial choices, and the journalists who select the links in their articles aren’t aware of which sites might generate incremental revenue for WindEverest.
X. Merger, Sale or Other Asset TransfersIn the event WindEverest goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, your information may be disclosed in connection with the negotiation of such transaction and/or sold or transferred as part of such a transaction as permitted by law and/or contract.
XI. Children’s PrivacyWe care about the privacy of children. Accordingly, we do not direct our Sites to children under the age of 16 or knowingly collect Personal Data from them. If we learn that a user is under 16, we will promptly delete any Personal Data that the individual has provided to us.
XII. How We Protect Personal DataWindEverest has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of Personal Data we maintain. Under our security practices, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal. Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.If you become aware of a security issue, please email us at privacy@WindEverest.com. We will work with you to address any problems.
XIII. How Long We Keep Personal DataWe retain the information we collect about you for as long as necessary to fulfill the purpose we collected it for and for the purpose of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Authorized AgentYou may authorize an agent to submit requests to exercise any of the rights above to us by having them email us at privacy@WindEverest.com. Under the CCPA, an authorized agent is a person or a business registered with the California secretary of state, authorized on your behalf to submit these requests. We will still need to verify your identity unless your agent has a signed power of attorney on your behalf. We reserve the right to deny any request if an agent cannot provide proof that they are authorized.
XVX. Changes to this Privacy PolicyWindEverest may make changes to this privacy policy at any time. If and when we do, we will inform you by posting the revised privacy policy here. You are responsible for periodically visiting this page to check for any changes. Any changes that are made will apply to both personal information that we held prior to the effective date of the amended privacy policy and any personal information that we collect on or after such effective date. Your continued use of the Sites after this privacy policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the privacy policy, as amended.
How to Contact Us:
If you have any questions about this Privacy Policy, please contact us at privacy@WindEverest.com or by mail to
Attn. Legal Department, WindEverest 1623, Lake Wilderness Ln, Kingwood, TX.
