Winito Inc maintains this site for information and
communication purposes. This webpage contains the Terms of Use governing
your access to and use of the Winito.com (the "Website" or "Site"). If
you do not accept these Terms of Use or you do not meet or comply with
their provisions, you may not use the Website.
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website, your use
of the Website will be deemed to be acceptance of the Terms of Use,
Section A.
For users who are registered with the Website, your use of
the Website shall be subject to (i) certain designated terms (see
Section B below) in addition to those terms applicable to all users and
(ii) shall be further conditioned on your [clicking the "I AGREE TO THE
TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
Winito Inc may, at any time, for any reason and without
notice, make changes to (i) this Website, including its look, feel,
format, and content, as well as (ii) the products and/or services as
described in this Website. Any modifications will take effect when
posted to the Website. Therefore, each time you access the Website, you
need to review the Terms of Use upon which access and use of this
Website is conditioned. By your continuing use of the Website after
changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities
located in the United States. It is not directed to any person or entity
in any jurisdiction where (by reason of nationality, residence,
citizenship or otherwise) the publication or availability of the Website
and its content, including its products and services, are unavailable
or otherwise contrary to local laws or regulations. If this applies to
you, you are not authorized to access or use any of the information on
this Website. Winito Inc makes no representation that the information,
opinions, advice or other content on the Website (collectively,
"Content") is appropriate or that its products and services are
available outside of the United States. Those who choose to access this
Website from other locations do so at their own risk and are responsible
for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records
and download small portions of the Content (including without limitation
text, graphics, software, audio and video files and photos) of this
Website for your informational, non-commercial use, provided that you
leave all the copyright notices, including copyright management
information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse
engineer or distribute a significant portion of the Content on this
Website, or the design or layout of the Website or individual sections
of it, in any form or media. The systematic retrieval of data from the
Website is also prohibited.
E-mail submissions over the Internet may not be secure and
are subject to the risk of interception by third parties. Please
consider this fact before e-mailing any information. Also, please
consult our Privacy Policy . You agree not to
submit or transmit any e-mails or materials through the Website that:
(i) are defamatory, threatening, obscene or harassing, (ii) contain a
virus, worm, Trojan horse or any other harmful component, (iii)
incorporate copyrighted or other proprietary material of any third party
without that party's permission or (iv) otherwise violate any
applicable laws. Winito Inc shall not be subject to any obligations of
confidentiality regarding any information or materials that you submit
online except as specified in these Terms of Use, or as set forth in any
additional terms and conditions relating to specific products or
services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or
distribution of any information, software or other material available
through the Website without the prior written consent of Winito Inc is
strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and
layout of this site, are copyrighted and are protected by United States
and international copyright laws and treaty provisions. You may access,
download and print materials on this Website solely for your personal
and non-commercial use; however, any print out of this Site, or portions
of the Site, must include Winito Inc's copyright notice. No right,
title or interest in any of the materials contained on this Site is
transferred to you as a result of accessing, downloading or printing
such materials. You may not copy, modify, distribute, transmit, display,
reproduce, publish, license any part of this Site; create derivative
works from, link to or frame in another website, use on any other
website, transfer or sell any information obtained from this Site
without the prior written permission of Winito Inc.
Except as expressly provided under the "Scope of Use"
Section above, you may not use, reproduce, modify, transmit, distribute,
or publicly display or operate this Website without the prior written
permission of Winito Inc. You may not use a part of this Website on any
other Website, without Winito Inc's prior written consent.
Winito Inc respects the intellectual property rights of
others and expects our users to do the same. The policy of Winito Inc is
to terminate the accounts of repeat copyright offenders and other users
who infringe upon the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please contact us.
6. Links
For your convenience, we may provide links to various other
Websites that may be of interest to you and for your convenience only.
However, Winito Inc does not control or endorse such Websites and is not
responsible for their content nor is it responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements
contained within such Websites. Please read the terms and conditions or
terms of use policies of any other company or website you may link to
from our website. These Terms of Use policy applies only to Winito Inc's
website and the products and services Winito Inc offers. If you decide
to access any of the third party sites linked to this Website, you do
so at your own risk. Winito Inc reserves the right to terminate any link
or linking program at any time. Winito Inc disclaims all warranties,
express and implied, as to the accuracy, validity, and legality or
otherwise of any materials or information contained on such sites.
You may not link to this Website without Winito Inc's
written permission. If you are interested in linking to this Website,
please contact us.
7. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to
Winito Inc that you will not use the Website for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the Website in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Website. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made
available or provided for through the Site.
8. Spamming
Gathering email addresses from Winito Inc through harvesting
or automated means is prohibited. Posting or transmitting unauthorized
or unsolicited advertising, promotional materials, or any other forms
of solicitation to other users is prohibited. Inquiries regarding a
commercial relationship with Winito Inc should be directed from
http://www.winito.com/contactus.aspx
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS
IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF
WHICH Winito Inc EXPRESSLY DISCLAIMS. Winito Inc DOES NOT ENDORSE AND
MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR
RELIABILITY OF THE CONTENT, AND Winito Inc WILL NOT BE LIABLE OR
OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE
OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.
Winito Inc MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE
CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY
RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE
CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES
OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE
DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY
Winito Inc. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the
laws of the all States of USA, without reference to its choice of law
rules. If an applicable law is in conflict with any part of the Terms of
Use, the Terms of Use will be deemed modified to conform to the law.
The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with Winito Inc. Those
agreements are separate and in addition to these Terms of Use. These
Terms of Use do not modify, revise or amend the terms of any other
agreements you may have with Winito Inc.
12. DMCA Copyright Policy and Copyright Agent
Winito Inc respects the intellectual property rights of
others. If you believe something on this Site has infringed your
intellectual property rights, please notify our agent and provide the
following information:
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
(ii) Identification of the copyrighted work claimed to
have been infringed.
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an
electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
The Site's Copyright Agent can be reached from http://www.winito.com/contactus.aspx
13. No Professional Advice
The information available on the Website is intended to be a
general information resource regarding the matters covered, and is not
tailored to your specific circumstance. You should not construe this as
legal, accounting or other professional advice. This Website is not
intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION,
OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR
INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER
ADVISOR, AS APPROPRIATE.
14. Users Disputes
You are solely responsible for your interactions with other
users. Winito Inc reserves the right, but has no obligation, to monitor
disputes between you and other users.
15. User Submissions and Communications; Public Areas:
You acknowledge that you own, solely responsible or
otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not
violate these Terms of Use and will not cause injury to any person or
entity; and that you will indemnify Winito Inc or its affiliates for all
claims resulting from content you supply.
If you make any submission to an area of the Website
accessed or accessible by the public ("Public Area") or if you submit
any business information, idea, concept or invention to Winito Inc by
email, you automatically represent and warrant that the owner of such
content or intellectual property has expressly granted Winito Inc a
royalty-free, perpetual, irrevocable, world-wide nonexclusive license to
use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, and display the communication or content
in any media or medium, or any form, format, or forum now known or
hereafter developed. Winito Inc may sublicense its rights through
multiple tiers of sublicenses. If you wish to keep any business
information, ideas, concepts or inventions private or proprietary, you
must not submit them to the Public Areas or to Winito Inc by email. We
try to answer every email in a timely manner, but are not always able to
do so.
Some of the forums (individual bulletin boards and posts on
the social network, for instance) on the Website are not moderated or
reviewed. Accordingly, users will be held directly and solely
responsible for the content of messages that are posted. While not
moderating the forums, the Site reviewer will periodically perform an
administrative review for the purpose of deleting messages that are old,
have received few responses, are off topic or irrelevant, serve as
advertisements or seem otherwise inappropriate. Winito Inc has full
discretion to delete messages. Users are encouraged to read the specific
forum rules displayed in each discussion forum first before
participating in that forum.
Winito Inc reserves the right (but is not obligated) to do any
or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not
conform to the terms of this section and determine in its sole
discretion to remove or request the removal of the communication(s).
(c) Remove communications that are abusive, illegal, or
disruptive, or that otherwise fail to conform with these Terms of Use.
(d) Terminate a Member's access to any or all Public Areas
and/or the Winito Inc Site upon any breach of these Terms of Use.
(e) Monitor, edit, or disclose any communication in the Public
Areas.
(f) Edit or delete any communication(s) posted on the Winito Inc
Site, regardless of whether such communication(s) violate these
standards.
Winito Inc reserves the right to take any action it deems
necessary to protect the personal safety of our guests or the public.
Winito Inc has no liability or responsibility to users of the Winito Inc
Website or any other person or entity for performance or nonperformance
of the aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief,
including without limitation for the purpose of protecting any Winito
Inc confidential information and/or intellectual property rights, any
controversy or claim arising out of or relating to these Terms of Use or
this Website shall be settled by binding arbitration in accordance with
the commercial arbitration rules, in effect at the time the proceedings
begin, of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be held in New York, USA.
All information relating to or disclosed by any party in
connection with the arbitration of any disputes hereunder shall be
treated by the parties, their representatives, and the arbitrator as
proprietary business information. Such information shall not be
disclosed by any party or their respective representatives without the
prior written authorization of the party furnishing such information.
Such information shall not be disclosed by the arbitrator without the
prior written authorization of all parties. Each party shall bear the
burden of its own counsel fees incurred in connection with any
arbitration proceedings.
Judgment upon the award returned by the arbitrator may be
entered in any court having jurisdiction over the parties or their
assets or application of enforcement, as the case may be. Any award by
the arbitrator shall be the sole and exclusive remedy of the parties.
The parties hereby waive all rights to judicial review of the
arbitrator's decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Winito Inc
SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE
CONTENT (EVEN IF Winito Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR
DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED
IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE
OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Winito Inc.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS
LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold Winito Inc, its
officers, directors, employees, agents, licensors, and suppliers,
harmless from and against any claims, actions or demands, liabilities
and settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your
violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
Winito Inc does not warrant that the functions contained in
the service provided by the Website will be uninterrupted or error-free,
that defects will be corrected or that this service or the server that
makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a
password ("Password") and Login Name ("Login Name"). You shall provide
Winito Inc with accurate, complete, and updated Account information.
Failure to do so shall constitute a breach of this Terms of Use, which
may result in immediate termination of your Account.
You may not:
(a) select or use a Login Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Winito Inc of any known or suspected
unauthorized use(s) of your Account, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure of your
password. You shall be responsible for maintaining the confidentiality
of your password.
Any fraudulent, abusive, or otherwise illegal activity may
be grounds for termination of your Account, at Winito Inc's sole
discretion, and you may be reported to appropriate law-enforcement
agencies.
Contact us: If you would like to request additional
information regarding these Terms of Use, please contact us
http://www.winito.com/contactus.aspx.