YOU SHALL NOT USE THE SITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITEIN A WAY THAT MAY CAUSE THE SITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE IS IN ANYWAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE.
Intellectual Property Ownership and Use
You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Site shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
You may not shall not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission.
All Site Content and all materials and content contained within the Site, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on theSite, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email at the following address: .
In order for us to more effectively assist you, the notification must include all of the following:
- A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work or other right you claim has been infringed or violated;
- Information reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, e-mail address and all other in formation reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in yournotice is accurate and that you are the owner of the right claimed to be infringed or violated or areauthorized to act on behalf of the owner.
Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite thoseefforts, human or technological errors may occur. The Site may contain typographical mistakes,inaccuracies, or omissions, some of which may relate to pricing and availability of products or the eventswe promote, and some information may not be complete or current. We reserve the right to correct anyerrors, inaccuracies or omissions, including after an order has been submitted, and to change or updateinformation at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its displaycould affect the accuracy of its display of the colors and look of products offered on the Site.IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLEREMEDY IS TO RETURN IT TO US FOR A REFUND.
Other than as may be required by law, we reserve the right to modify or withdraw, temporarily orpermanently, the Site (or any part of it) with or without notice to you, and you confirm that we shall not beliable to you or any third party for any modification to withdraw or withdrawal of the Site or any portion ofit.
The Site is subject to constant change. You will not be eligible for any compensation because you cannotuse any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.
External Sites and Resources
We are not responsible for the availability of any websites owned or controlled by third-parties. We do notendorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content(including misrepresentative or defamatory content) of any third party websites, including (withoutlimitation) any advertising, products or other materials or services on or available from such websites orresources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sitesor resources.
Orders, Price and Resale
Nothing on the Site constitutes a binding offer to sell products described on the Site or to make suchproducts available in your area. We reserve the right at any time after receipt of your order to accept ordecline your order, or any portion thereof, in our sole discretion, even after your receipt of an orderconfirmation or after your credit card has been charged. The prices displayed on the Site are quoted inU.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, wehave the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless ofwhether the order has been confirmed or your credit card charged. If your credit card has already beencharged for the purchase and your order is canceled, we will issue a credit to your credit card account.
User Content/User Reviews
The Site allows or may allow users to post product reviews or other content to the Site. We are notresponsible for, nor do we vouch for the accuracy of, the content of any user reviews, comments or othercontent that may be posted or uploaded by a user (“User Content”). User Content expresses the viewsand opinions of the User and does not necessarily reflect our views or opinions. We reserve the right, inour sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
If you believe that any User Content is inaccurate or objectionable, you should contact us by sending anemail to firstname.lastname@example.org. Please provide us with detailed information about the nature and location ofthe alleged objectionable material so that we may easily locate and investigate the same. Please beaware, however, that we have no obligation to investigate all claims regarding User Content, but will striveto assure that all User Content complies with the following guidelines:
By posting User Content to the Site, you agree that:
- Any product review that you post must be your honest review of such product;
- If you are paid or receive a free product or anything else of value for your review, you will so statewithin your review;
- You will not post any content that: (i) is defamatory, libelous, disruptive, threatening, invasive of aperson's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwiseobjectionable; or that otherwise violates any law; (ii) contains software viruses or any othercomputer codes, files or programs designed to interrupt, destroy, or limit the functionality of anycomputer software or hardware or telecommunications equipment; (iii) infringes any person orentity's intellectual property rights (including but not limited to, patent, trademark, trade secret,copyright or other intellectual property right);
- You will not impersonate any person or entity or otherwise misrepresent your affiliation with aperson or entity.
- You will not repeatedly post the same or similar message ("flooding") or post excessively large orinappropriate images or content.
- You will not distribute or publish unsolicited promotions, advertising or solicitations for funds,goods or services.
When reviewing a product, please keep the following in mind:
- Only post reviews and ratings about the product itself. For example, any issues with customerservice or shipping should be handled by contacting our customer service team at email@example.com
- Safety concerns should not be addressed in a product review. Instead if you have any concernsregarding the safety of any of our products, please contact us at firstname.lastname@example.org
User Content becomes public information. You should be very careful about posting personallyidentifiable information such as your name, address, telephone number or email address. If you postpersonal information online, you may receive unsolicited messages from other Users in return.
If you submit any User Content to this Site, you grant to us, and any of our successors, licensees,assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable rightand license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from,distribute, perform and display the User Content, and in any other media, now known or hereafterdevised.
You assume all risks associated with dealing with other users with whom you may come in contactthrough the Site.
Sales, Shipping, and Returns
We accept credit cards for our products through our third-party payment processors. Please be sure toprovide your exact billing address and telephone number (i.e. the address and phone number your creditcard bank has on file for you). Incorrect information will cause a delay in processing your order. Yourcredit card will be billed upon receipt of your order.
For a multiple product orders, our order processing company will make every attempt to ship all productscontained in the order at the same time. Products that are unavailable at the time of shipping will beshipped as they become available, unless you inform us otherwise. You will only be charged for productscontained in a given shipment, plus any applicable shipping charges. You will only be charged forshipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may beapplied to the first product(s) shipped on a multiple shipment order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of yourorder, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receiptof your order to accept or decline your order for any reason or to supply less than the quantity youordered of any item.
Your order will ship as it becomes available, and our order processing company will make every effort toship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have orderedthat are out-of-stock and unavailable for immediate shipment. You may cancel your order at any timeprior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit timeoffered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delayscaused by shipping or product availability.
We will accept the return of products that are defective due to defects in manufacturing and/orworkmanship within three (3) days from the date you receive your purchase. Fulfillment mistakes that wemake resulting in the shipment of incorrect product to you will also be accepted for return within three (3)days from the date you receive your purchase.
Your credit card will be automatically charged for all applicable sales taxes; however, it is yourresponsibility as the customer to report any purchases of tangible personal property that have not beentaxed by us and pay the sales or use tax on those purchases unless exempt under local state law. If youare shipping outside of the US, once your order arrives at its destination, you will be required to pay all import duties, customs and local sales taxes levied by the country to which you are shipping in order torelease your order from customs. International duties and taxes will be marked “Bill to Recipient.” We arenot responsible for orders not accepted due to failure to pay duties and taxes. International shipping, duty,and taxes are non-refundable in the event of a return/exchange.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACYOF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "ASAVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITEDTO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULARPURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION ORCOMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING ORUSAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES ORBUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSSOF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSSOF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIALOR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; INANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US ATTHE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TOGIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except formatters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator,NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including withrespect to the interpretation of any provision of this Agreement or concerning the performance orobligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS inaccordance with its Commercial Arbitration Rules at the request of either us or you pursuant to thefollowing conditions:
- Unless you elect to conduct the arbitration by telephone or written submission, an in-personarbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or nearManhattan, New York City, New York.
- Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amountof the claim as specified herein.
- The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the partieswritten findings of fact and conclusions of law relevant to such judgment and award andcontaining an opinion setting forth the reasons for the giving or denial of any award. The award ofthe arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered ina court of competent jurisdiction.
- You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMSprocedures, each party shall bear its own costs and expenses and an equal share of thearbitrators' and administrative fees of arbitration, with Winkette remaining responsible for its shareof costs, expenses and fees plus any costs, expenses and fees required of it under JAMSprocedures.
Class-Action Waiver: all claims to be heard on an individual basis only
You further expressly waive any ability to maintain any class action in any forum, including in arbitration.Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individualbasis and not in any class action, mass action, or on a consolidated or representative basis. You furtheragree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregatesimilar claims or unrelated transactions. You acknowledge and agree that this agreement specificallyprohibits you from commencing arbitration proceedings as a representative of others. If for any reason aclaim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that allor part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may bedetermined only by a court of competent jurisdiction and not by an arbitrator.
Investigations of Violations of These Terms
Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use this Site are entitled to knowthat they may file grievances and complaints with: the Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at email@example.com.
In addition, we are located at PO Box 20129, St. Petersburg, FL 33742 and may be reached by email at firstname.lastname@example.org or email@example.com or telephone at 800-360-9884 Monday to Friday, 9am to5pm ET. Please contact us to resolve any issues with our Site that you may have.
You may send us notices or communicate with us by email at firstname.lastname@example.org. If you send us anemail that asks for a response, and you do not receive a response within ten (10) business days, pleasesend us another email as we may not have received your previous email. When you send e-mail to us,you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidentialcommunications. Therefore, please do not send us any confidential information by email.
PO Box 20129
St. Petersburg, FL 33742
M-F 9AM-5PM EST