Website User Terms

1. Introduction

The purpose of this website is to provide you with access to information about WNDYR’s product, Pattyrn. These Website User Terms apply to all visitors to this website. As a new user at the time of registration to Contact Us, you are asked on the sign-up page to confirm your agreement to these Website User Terms and Privacy Policy (“Agreement”).

WNDYR may modify, suspend, or discontinue, temporarily or permanently, the website or any offered products or services and may remove or delete any personal data retained for notifications and marketing at any time, in its sole discretion.

Our website, products and services are all directed to people who are at least 18 years old or older. If you are under 18 years of age, you must first ask a parent or guardian to read and explain these terms, our Privacy Policies and PSA Terms.

2. Description of Pattyrn

The subscription package options are described on this website. Pattyrn offers several accounts types; we look forward to discussing with you the features associated with different account types. Once you have selected the appropriate package, we shall enter into a contract with you (either directly or through your employer). In the meantime, you agree that the information and materials on this website are for information only, and that your use of the website does not create any contractual relationship between you and WNDYR. WNDYR assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this website. While WNDYR takes reasonable measures to keep the information on this website accurate, complete and up to date, WNDYR will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.

Subscription to Pattyrn is subject to the Pattyrn PSA (product and services agreement), an MSA (master services agreement and any SOW or Future of Work agreement), the User Terms and User Privacy Policy.

3. Privacy

Our collection and use of information about the users and visitors to this website is subject to our Website User Privacy Policy. For more information, please review our Privacy Policy.

4. Copyright and Proprietary Rights in Pattyrn

WNDYR controls and operates this website. All content on this website, including text, graphics, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks (whether or not registered), service marks, and/or other intellectual property rights. The website, Pattyrn and underlying software, products and materials are protected by copyright, trademark, intellectual property rights and other laws of the USA, United Kingdom and foreign countries.

All right, title, and interest in and to Pattyrn are and will remain the exclusive property of WNDYR and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Pattyrn.

5. Trademarks

Pattyrn, the Pattyrn logo, and all other WNDYR trademarks, service marks, product names, and trade names of WNDYR appearing on this website are owned by WNDYR. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on this website in any way without our prior written consent.

6. Links

This website may include links to other Internet sites that are beyond the control of WNDYR. WNDYR is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk. The other linked websites may have different privacy statements or policies that are not the same as our Privacy Policy, or may not have privacy statements or policies. We encourage you to read the privacy policies (if any) for all such websites as they may differ from our Privacy Policy. Your use of such linked websites through links provided on this website is governed by the terms and privacy statements or policies of those sites, not this website.

7. Disclaimer of Warranties

The materials provided on this site are provided "as is" and without warranty of any kind, express or implied. WNDYR disclaims all express and implied warranties with regard to the information and materials contained on this website, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. Except for such content that we may elect to create and publish, we are a distributor and not a publisher. We have no more editorial control over such user files and information and content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including in the linked sites) are those of the respective authors or distributors of such content.

8. Indemnity

You agree that you will not use this website for any unlawful purpose, or for any purpose prohibited by these Website User Terms. You agree to indemnify, defend and hold harmless WNDYR, its directors, shareholders, employees, affiliates and contributors from any liability, loss, claim and expense (including attorneys’ and accountants’ reasonable fees) related to (i) your violation of these Website User Terms, and/or (ii) your posting or use of materials on this website, including without limitation third party claims that personal data submitted by you infringes or misappropriates the intellectual property rights, privacy rights, publicity rights, or moral rights of that third party. We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.

9. Limitation of Liability

In no event will WNDYR nor our affiliated or related entities, nor any of our respective officers, directors, employees or agents, nor any person or entity involved in the creation, production and distribution of this website or any content and the service related thereto, be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the website or Pattyrn, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not WNDYR has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose. You hereby waive any and all such claims against WNDYR, its directors, shareholders, affiliates and contributors. You agree that the limitations set forth above are fundamental elements of this Agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.

10. Jurisdiction and applicable law

These Website User Terms shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. Any dispute between you and WNDYR regarding the content or use of the website shall be resolved by the courts of England and shall not be joined with any dispute that any other person or entity may have with WNDYR.

11. Entire Agreement

This Agreement, which includes the Website User Privacy Policy, is the entire and exclusive agreement between WNDYR and you regarding the use of this website, and this Agreement supersedes and replaces any prior agreements between WNDYR and you regarding the use of the website. Use of Pattyrn shall be subject to these Website User Terms plus such other terms as we expressly agree. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WNDYR services, affiliate services or third-party content software or services.

12. General

These Website User Terms, including the Privacy Policy, are for the benefit of us our officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Website User Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. WNDYR may freely assign these Website User Terms and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and WNDYR; you and we are dealing at arm’s length, creating a commercial relationship. We are not your agent or your fiduciary. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. WNDYR may provide you with notices, including those regarding changes to the website or Pattyrn by email or by postings on the website. The failure of WNDYR to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any inconsistencies exist between these Website User Terms and any future published terms of use or understanding, the last published Website User Terms shall prevail. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.

If you have any questions about this Agreement, please contact WNDYR at:
Head of Admin WNDYR, Inc. (trading as WNDYR)
Email: trudy@wndyr.com.