Terms and Conditions

Use of this Website signifies your agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.
The following legal restrictions and terms of use apply to elearn.wintersgroup.com and any other site owned and/or operated by or on behalf of The Winters Group, Inc. or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, payment Information and credentials used by Users to access paid Content and/or any communications System on the Website.

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

"Facilities": means collectively any online facilities, tools, services or information that The Winters Group, Inc. makes available through the Website either now or in the future.

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": means Our place(s) of business located at 8116 South Tryon Street, Ste. B3-260, Charlotte, North Carolina 28273.
"Services": means the services available to you through this Website, specifically use of the The Winters Group, Inc. proprietary e-learning platform.

"System": means any online communications infrastructure that The Winters Group, Inc. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
"User" / "Users": means any third party that accesses the Website and is not employed by The Winters Group, Inc. and acting in the course of their employment;

"Website": means the website that you are currently using (elearn.wintersgroup.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

"We/Us/Our": means The Winters Group, Inc., a New York company located at 8116 South Tryon Street, Ste. B3-260, Charlotte, North Carolina 28273.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult. 

3. Business Customers

These Terms of Use also apply to customers procuring Services in the course of business. 

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms of Use, all Content included on the Website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Winters Group, Inc.  By continuing to use the Website you acknowledge that such material is protected by applicable United States and international intellectual property and other laws. 
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store, broadcast, share or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. 
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store, broadcast, share or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. 

6. Fair Use of Intellectual Property

Material from the Website may not be re-used without Our prior written permission. 

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Winters Group, Inc. or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. 

8. Links to this Website

If you link to elearn.wintersgroup.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Us. Any such link must not damage, dilute or tarnish the goodwill associated with The Winters Group, Inc. and/or any of Our intellectual property, nor may the link create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with The Winters Group, Inc., and you may not “frame” elearn.wintersgroup.com. You may not link to elearn.wintersgroup.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Our sole discretion. The Winters Group, Inc. reserves the right, in its sole discretion, to terminate any link from any web site.

To request permission to place a link from your web site to elearn.wintersgroup.com, please send your name, address, web site URL, and nature of the website to: elearning@wintersgroup.com.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit Content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of The Winters Group, Inc. or Our affiliates; and
  • 9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that The Winters Group, Inc. reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that The Winters Group, Inc. may retain copies of any and all communications made to Us or using Our System. 
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1  In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that: 
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; and
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2  You will not share your Account details, particularly your username and password. If you violate any terms or conditions of these Terms of Use, We have the right to terminate your Account without right of refund or any further obligations or liability to you. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. 
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month. 
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account. 

11. Termination and Cancellation of Accounts

  • 11.1 Either The Winters Group, Inc. or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons. 
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence. 

12. Services, Pricing and Availability

  • 12.1 While every effort has been made to ensure that all general descriptions of Services available from The Winters Group, Inc. correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services. 
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.2 The Winters Group, Inc. provides technical support via our online support forum and/or phone.  The Winters Group, Inc. makes every effort possible to respond in a timely manner but we do not guarantee a particular response time. 

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from The Winters Group, Inc. If you need to speak to us about your Order, then please contact customer care by email at elearning@wintersgroup.com or write to us at our address (see section 1 above). If any specific terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the specific terms will apply. 
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between The Winters Group, Inc. and you is formed and ends at the end of fourteen (14) calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email:  elearning@wintersgroup.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 If the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the fourteen (14) calendar day cooling off period you acknowledge and agree to the following: 
  • 14.2.1 If the Services are fully performed within the fourteen (14) calendar day cooling off period, you will lose your right to cancel after the Services are complete. 
  • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services and no refund will be issued. Refunds, where applicable, will be issued within five (5) working days and in any event no later than fourteen (14) calendar days after you inform Us that you wish to cancel. 
  • 14.3 No refund will be issued if you cancel the Services after the fourteen (14) calendar day cooling off period has elapsed. 

15. Privacy

Use of the Website is also governed by Our Privacy Policy (elearn.wintersgroup.com/privacy) which is incorporated into these Terms of Use by this reference. To view the Privacy Policy, please click on the link above.

16. Disclaimers

  • 16.1 THE WINTERS GROUP, INC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ELEARN.WINTERSGROUP.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." THE WINTERS GROUP, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ELEARN.WINTERSGROUP.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. THE WINTERS GROUP, INC. DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON ELEARN.WINTERSGROUP.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT ELEARN.WINTERSGROUP.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF ELEARN.WINTERSGROUP.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. THE WINTERS GROUP, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ELEARN.WINTERSGROUP.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE WINTERS GROUP, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  • 16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. 
  • 16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance. 
  • 16.4 While We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers. 

17. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms of Use at any time. You will be bound by any changes to the Terms of Use from the first time you use the Website following the changes. If We are required to make any changes to these Terms of Use by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of the Website

  • 18.1 The Website is provided “as is” and on an “as available” basis.  The Winters Group, Inc. uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. 
  • 18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. 

19. Limitation of Liability

  • 19.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE WINTERS GROUP, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON ELEARN.WINTERSGROUP.COM, EVEN IF THE WINTERS GROUP, INC. OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE WINTERS GROUP, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ELEARN.WINTERSGROUP.COM.
  • 19.2 YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING ELEARN.WINTERSGROUP.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  • 19.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. 

21. Previous Terms and Conditions

In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms of Use shall prevail unless it is expressly stated otherwise. 

22. Third Party Rights

Nothing in these Terms of Use shall confer any rights upon any third party. The agreement created by these Terms of Use is between you and The Winters Group, Inc. You agree that The Winters Group, Inc. shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that The Winters Group, Inc. does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of elearn.wintersgroup.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on elearn.wintersgroup.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

23. Communications

  • 23.1 All notices / communications shall be given to Us by email to elearning@wintersgroup.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 23.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

24. Law and Jurisdiction

  • 24.1 This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You and The Winters Group, Inc. each agree to submit to the exclusive jurisdiction of the courts of the state of New York and the federal courts of the southern district of New York. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.
  • 24.2 elearn.wintersgroup.com is controlled and operated by The Winters Group, Inc. from its offices in North Carolina, United States of America. The Winters Group, Inc. makes no representation that materials on elearn.wintersgroup.com are appropriate or available for use in other locations. Those who choose to access elearn.wintersgroup.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

25. Indemnification

By using elearn.wintersgroup.com, you agree to indemnify, defend and hold harmless The Winters Group, Inc. from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on elearn.wintersgroup.com; or (3) any material uploaded by you or through your computer to elearn.wintersgroup.com or otherwise sent by you to Us. You will cooperate as fully and reasonably as required by Us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Winters Group, Inc.