The Site and content available within the Site are for informational purposes only. Neither the Site nor the content available within them constitutes professional advice, and neither should be relied upon by you or any third party, including for example to operate or promote your business, make decisions on repair and maintenance or purchase or any home, obtain any regulatory or governmental approvals, or otherwise to procure services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers.
All information, text, photographs, graphics, images, videos, logos, data, source code, processes, designs, technologies, URLs, domain names, software and other materials including WIN trademarks (whether registered or not), service marks and copyrights (collectively the “Content”) found throughout the Site is owned, controlled or licensed by or to WIN, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on WIN products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by WIN for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You agree that access and use of Content is subject to these Terms, including the disclaimers and limitations of liability herein. WIN expressly reserves all intellectual property rights in the Content. Nothing contained on the Site grants or should be construed as granting any license or right to use the Content for any purpose without the express written consent of WIN.
“User Content” means any and all information and content that a user submits to, or uses with, the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by WIN. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Terms. WIN is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant (and you represent and warrant that you have the right to grant) to WIN an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You represent and warrant that you have all rights necessary to grant the licenses referred to in these Terms. You further represent and warrant that your User Content is (a) complete and accurate and (b) is not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding all User Content that you may have under any applicable law under any legal theory.
User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You may use the Site only for lawful purposes and in accordance with these Terms. In using the Site, you must not do any of the following:
In addition, you agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that:
In addition, when you access certain features of this Site, you may be asked to agree to special terms governing your use of the feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement.
If any of the terms of the click-through agreement are different than the terms of these Terms, the terms of the click-through agreement will supplement or amend this these Terms, but only with respect to the matters governed by the “click-through agreement.”
The Services and this Site are intended for users who are 18 years of age and above. Some of the content on the Site may be inappropriate for children. You must be 18 years of age or older to create an account with us or use the Services.
If you are not eligible to access the Site or Services under these Terms, do not use the Site or Services. WIN disclaims any and all liability arising from use of the Site or Services by individuals under the age of 18.
THE MATERIALS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
WIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE.
ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION.
WIN reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
IN NO EVENT WILL WIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, WIN’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any cause of action you may have with respect to these Terms or the Site must be commenced within one year after the claim or cause of action arose, or it will be barred
These Terms will be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without giving effect to any principles or provisions of conflicts of laws. The parties expressly disclaim the applicability of, and waive any rights based on, the Uniform Computer Information Transactions Act, the Uniform Commercial Code, or the United Nations Convention on Contracts for the International Sale of Goods, however each may be codified or amended.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBJECT MATTER OF THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WIN UNDER THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL PANEL OF THREE ARBITRATORS INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT WIN AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted in the English language in Chicago, Illinois, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, WIN shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Northern District of Illinois, U.S.A. or any other court of competent jurisdiction.
We may, in our sole discretion, suspend, restrict or terminate your use of the Site, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Site or our or any third party's equipment or network is impaired by your use of the Site; we have received a third party complaint which relates to your use or misuse of the Site; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Site.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WIN AND ITS PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE SITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.
WIN administers and operates the www.wini.com Site from its location in Chicago, Illinois USA or elsewhere in the United States. WIN makes no representation that the materials at this site are appropriate or available for use outside the United States, and access to the materials from jurisdictions in which the contents of the materials are illegal is prohibited. WIN reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. You may not use, export or re-export the materials at this Site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
“Feedback” refers to all the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site. Although we do not claim ownership of User Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.
We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.