WindingRoad.com Privacy Policy

WindingRoad.com is the website of Winding Road, an online digital magazine for auto enthusiasts. Our postal address is: 4544 South Lamar, Building #G-300, Austin, Texas 78745. We can be reached by e-mail at editor@windingroad.com or by telephone at (512) 892-8682. Your use of our website indicates that you have read and accepted our Privacy Policy and our Terms and Conditions.

Changes to this Privacy Policy

We reserve the right to update this Privacy Policy at any time without notice to you. The most current version of the Privacy Policy can be reviewed by clicking on the "Privacy Policy" hyperlink located at the bottom of the Web pages on this website. Your use of this website may also be subject to additional terms outlined in the Terms of Use and elsewhere on this website.

Last updated: June 1, 2005

What information do we collect?

When you visit WindingRoad.com, you expect to learn more about a subject for which you are deeply enthusiastic — cars. Similarly, we hope to learn more about your interests and needs as a current and potential purchaser of a new automobile, whether it is "brand" new or simply new to you. On some of our Web pages you may be asked to register to receive information. On these pages, we will ask you for the personal information necessary for us to respond to you, such as your name and contact information. You may decide against participating in data collection by not sending us information that you consider private.

We request information from you on our subscription form. We will remove any subscriber (and his/her personal information) from our database pursuant to a request from the subscriber, including full name and e-mail address, to webmaster@windingroad.com or clicking on the unsubscribe text link in the footer of the website. You may not be able to fully access this website if you request removal of your personal information.

If you provided your postal mail address during the subscription process and do not wish to receive marketing materials from Winding Road and/or its partners, affiliates, subsidiaries, etc., you may remove your name by sending an e-mail to webmaster@windingroad.com with "Do Not Mail" in the subject line along with your full name.

From time to time our site requests information from you via sweepstakes. Participation in these sweepstakes is completely voluntary and you therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as ZIP Code and age group). Contact information will be used to notify the winners and award prizes. Contact information may also be used for marketing and promotional purposes and is subject to the opt-in/out processes described on or linked from each form.

Cookies

A cookie is a piece of data stored on your computer tied to information about you to help our website "remember" information about you when you return to our website, such as your preferences for our website and subscriber access. We use both session ID cookies and persistent cookies to help you access our digital magazine content and to help us keep track of certain information so that we can continuously improve our website and our service to you. For the session ID cookie, once you close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Our cookies cannot read data off of your hard drive, cannot read cookie files created by other websites and cannot track any personal information about you that you do not choose to provide to Winding Road. You may be able to set your browser to erase a cookie, reject a cookie, or notify you when you receive a cookie. If you erase or reject a cookie, you may still use this website, but will have to log in again to access our digital magazine content.

Log files

Like most standard website servers we use log files. This includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track your movement in the aggregate, and gather broad demographic information for aggregate use.

What do we do with this information?

On occasion, Winding Road will provide opt-in opportunities for you to receive product updates, promotional opportunities, and other information from Winding Road or other parties. At the point of signing up, it is clearly disclosed to you when your information is being used or collected by any outside parties. We do this so you can make an informed choice as to whether you should proceed with services that involve an outside party or not.

If you no longer wish to receive our e-mails or promotional materials you may opt out of receiving these communications by clicking on the "unsubscribe" link located at the bottom of the marketing communication vehicle, or the bottom of the Winding Road website (www.windingroad.com). You will also be unsubscribed from the magazine and the website.

We store information that we collect through cookies, log files, clear .gifs, and/or third parties to create a profile of subscribers. A profile is stored information that we keep on individual subscribers which details their viewing preferences. Consequently, collected information is tied to a subscriber's personally identifiable information to provide offers and improve the content of the site for the subscriber. This profile is used to tailor a subscriber's visit to our website and to direct pertinent marketing promotions to them. Your profile is shared in aggregate form only.

Will information be sold to third parties?

We will not, without your permission, sell the information that you give to us to third parties. We may, however, allow third parties access to the information you give us in order to provide you the products or services you request (such as e-mail announcements of each issue release, sweepstakes offers, etc.). These companies do not retain, share, store, or use personally identifiable information for any secondary purposes.

What is "Tell a Friend?"

If you elect to use our referral service for informing a friend about pages of our site or promotions, we ask you for the friend's name and e-mail address. Winding Road will automatically send the friend a one-time e-mail inviting the friend to visit the site. Winding Road stores this information for the sole purpose of sending this one-time e-mail.

Hyperlinks

We may provide you with hyperlinks to other websites. Please be aware that we cannot guarantee or vouch for the data collection practices of such other websites. We encourage you to read the privacy policies or statements for those linked websites.

Privacy of children

This website is not designed for, or directed to, children under the age of 13, and will not knowingly collect personally identifiable information from individuals in this age group. We encourage parents/legal guardians to take an active role in their children's online activities and to talk with their children about disclosing personally identifiable information to websites.

Please read the following Terms of Use carefully before using this website

Winding Road requires that you abide by the Terms of Use stated below as a condition to access this website. Please read these Terms of Use carefully, because by using this website, you are acknowledging and agreeing to these Terms of Use. If you do not agree, you may not use this website. Winding Road reserves the right to update these Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Privacy Policy" text link located at the bottom of the Web pages on this website. Your use of this website may also be subject to additional terms outlined elsewhere on this website. These Terms of Use only apply to the windingroad.com website. Winding Road is a division of Absolute Multimedia, Inc. Other individual websites of Absolute Multimedia, Inc. may have Terms of Use tailored specifically for activity on those websites which may differ from these Terms of Use.

Copyrights and trademarks

Unless otherwise noted, the entire contents of this website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof are copyrighted (including any works that are licensed to Absolute Multimedia, Inc.) under the United States and other copyright laws, and are the property of Absolute Multimedia, Inc. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to Absolute Multimedia, Inc., and/or any of its affiliates, or subsidiaries, or other respective owners that have granted Absolute Multimedia, Inc. the right and/or license to use such Marks.

You may not use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this website except as explicitly stated below:

1. Downloading or printing any readable or writable content (i.e., Web pages, PDFs, etc.) is for your personal, non-commercial, or non-profit educational use only. These Web pages may not be reproduced or redistributed for commercial gain or other purposes. You may not change or delete any proprietary notices from materials downloaded or printed from this website. The copyright notice appearing at the bottom of each Web page must appear on every copy of the documents or any portion thereof.
2. Except as provided in paragraph 1, corporate names and logos may not be altered or used without the prior written permission of Absolute Multimedia, Inc.

Except as noted above, no right or license is granted for any proprietary information, copyright, patent, or trademark contained within this document.

Forward-looking statements

Various pages on this website contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1993, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbors created thereby. Words such as "expects," "intends," "plans," "projects," "believes," "estimates," and similar expressions are used to identify such forward-looking statements.

Forward-looking statements relating to Absolute Multimedia, Inc. operations are based on management's expectations, estimates and projections about Absolute Multimedia, Inc. in effect on the date the statements were made. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Further, certain forward-looking statements are based upon assumptions as to future events that may not prove to be accurate. Therefore, actual outcomes and results may differ materially from what is expressed or forecast in such forward-looking statements. Absolute Multimedia, Inc. undertakes no obligation to subsequently update or revise the forward-looking statements contained on this website to reflect events or circumstances after the date of posting.

Hyperlinks and frames

This website may contain links to other websites on the Internet (the "External Sites"). Winding Road has no control over and is not responsible or liable for the External Sites, including but not limited to the content and privacy and data collection practices, even if the External Site is affiliated with Absolute Multimedia, Inc. The External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Winding Road sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites. Before you frame or create any kind of hyperlink to this website, you must obtain the prior written permission from Winding Road.

Disclaimer

Winding Road makes no representations or warranties about the accuracy or completeness of the content of this website or the content of any website or websites "linked" to this website. Any decision made by you based on information contained in this website or websites "linked" to this website is your sole responsibility. Neither Winding Road nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to or inability to access this website or the use of or reliance on any content in this website or the content of any website or websites "linked" to this website.

THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WINDING ROAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WINDING ROAD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINDING ROAD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liability

IN NO EVENT SHALL WINDING ROAD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WINDING ROAD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable laws

Unless otherwise specified, the material on this website is intended to provide information about Winding Road and its products. This website is controlled and operated from Austin, Texas. We do not imply that the materials published on this website are designed or appropriate for use outside of the United States. If you access our website from outside of the United States, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of this website, you may not view or use this website.

Your use of this website shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Winding Road products) shall be in the state or federal courts located in Travis County, Texas. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of Winding Road products) must be commenced within one (1) year after the claim or cause of action arises. Winding Road's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Winding Road may assign its rights and duties under this agreement to any party at any time without notice to you. Winding Road makes no representation that materials in this website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.

Severability and integration

This Terms of Use statement constitutes the entire agreement between you and Winding Road with respect to this website. If any part of these Terms of Use is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect.

Questions?

If you have any questions about these Terms of Use, please contact Winding Road Corporate Office, 4544 South Lamar, Building #G-300, Austin, TX 78745, at (512) 892-8682 or by e-mail at editor@windingroad.com.