Terms and Conditions

1. General

a. WinEstimator, Inc. ("WinEstimator") maintains this Internet site (the "Site") for informational and communication purposes. Your access to and use of this Site is subject to the following Terms and Conditions of Use and Privacy Statement ("Terms"), as well as any modifications issued by WinEstimator to these Terms and all applicable laws and regulations. By using this Site, you agree and will be deemed to be bound by these Terms. If you do not want to be bound by these Terms, do not use this Site.

b. Among other things, this Site provides general information concerning various WinEstimator products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided therein.

2. Changes in Terms

a. WinEstimator shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. Any access or use of this Site by you after notice of revisions or additions to these Terms shall constitute and be deemed to be your agreement to such revisions or additions.

b. WinEstimator also shall have the right to terminate this Site or any products or services offered through the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice.

3. Site Content

The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. WinEstimator may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on WinEstimator in any way except to the extent they are specifically indicated to be so.

4. Linked Third Party Sites

Links to other Internet sites operated by third parties, including members of WinEstimator's authorized dealer network or WinEstimator's corporate partners, do not constitute sponsorship, endorsement, or approval by WinEstimator of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by WinEstimator, and WinEstimator is not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.

5. Disclaimer of Warranty

WinEstimator makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. WinEstimator also does not warrant or represent that your access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components.

6. Limitation on Liability

Under no circumstances will WinEstimator be liable to any persons for any direct, indirect, consequential, incidental, special or punitive damages whether in contract or in tort, including negligence, arising in any way out of access to our use or of inability to access or use the site or any linked site or its contents. This is including but not limited to lost profits, business interruption or loss of programs or other data on computer systems or otherwise even if WinEstimator is expressly advised of the possibility of such damages.

7. Trademarks and Copyrights

WinEst, Virtual Takeoff, eTeam ^(C) 1999-2005 WinEstimator, Inc. The WinEstimator logo and WinEstimator Inc. are trademarks of WinEstimator, Inc. All rights reserved.

Microsoft, Visio, Project, Windows, the Windows Logos, Excel, Solomon, Great Plains and the MCP program are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

QuickBooks and Master Builder are registered trademarks of Sage, Inc. in the U.S. and/or other countries.

Intel and the Intel Inside Logo are trademarks of Intel Corporation in the U.S. and/or other countries.

AMD and the AMD logo are trademarks of Advanced Micro Devices Corporation in the U.S. and/or other countries.

Primavera and P3 are trademarks of Primavera Systems in the U.S. and/or other countries.

RS Means is a trademark of Reed Business Information in the U.S. and/or other countries.

Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by WinEstimator or by third parties that have licensed their use to WinEstimator. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by WinEstimator, is strictly prohibited.

8. Submissions

Other than your e-mail address or customer information, which is subject to the Privacy Statement set forth in Section 10 herein, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by WinEstimator, members of its authorized dealer network, its corporate partners, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, WinEstimator, members of its authorized dealer network, its corporate partners, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

9. Indemnification

You agree to defend, indemnify, and hold harmless WinEstimator, members of its authorized dealer network, its corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs, arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.

10. Privacy Statement

a. WinEstimator respects the privacy of personally identifiable information about visitors to this Site such as names or e-mail addresses and will collect such information about you only when you knowingly and voluntarily submit it. WinEstimator never sells or rents e-mail addresses or customer information to third parties. Information provided is only used by WinEstimator and its authorized dealer network, except where you expressly consent to expanded usage. WinEstimator will not use personally identifiable information about visitors to the Site for the purpose of broadcasting unsolicited e-mail newsletters or bulletins and will transmit such newsletters or bulletins only to individuals that specifically request to subscribe. WinEstimator also will not authorize use of personally identifiable information about visitors to the Site by members of its authorized dealer network for the purpose of broadcasting unsolicited e-mail newsletters or bulletins.

b. WinEstimator may use personally identifiable information about visitors to the Site in aggregate form to make the Site better and more responsive to the interests of such visitors. Statistical compilations of such information also may be used by WinEstimator or provided to others for marketing, advertising, or research purposes.

c. WinEstimator may collect certain non-personal information about visitors to the Site, including but not limited to the identity of their Internet browsers, the types of operating systems they use, their locations, and the domain names of their Internet service providers. Such non-personal information may be used for purposes including but not limited to improving the content of the Site, marketing, advertising, or research.

d. WinEstimator is not responsible for the privacy policies or practices of members of its authorized dealer network, advertisers, operators of linked sites, or other third parties.