Updated: November 12, 2019
Thank you for visiting WinCan. Please carefully read these Terms of Use and our Privacy Policy located at https://www.wincan.com/en/privacy/, which is incorporated into these Terms of Use by this reference. These Terms of Use apply to WinCan’s website at www.wincan.com (the “Site”).
Unless otherwise noted, the Site is the property of WinCan and its licensors. By using the Site, you agree to these Terms of Use, our Privacy Policy and all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Site.
The Site is not intended for the use of children under 18 and no such person is authorized to use them. By using the Site, you are representing that you are at least 18 years old. You also represent, by accessing or using the Site, that you are of legal age to enter into legal agreements, or if you are not, that you have obtained your parent’s or legal guardian’s consent to accept these Terms of Use.
WinCan reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes indicates your agreement to and acceptance of the changes.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Site may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Please do not send us any sensitive personal information.
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Site is owned, controlled or licensed by or to WinCan and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without WinCan’s express prior written consent.
You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Site and any of our products and services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of WinCan and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and WinCan shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant WinCan an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by WinCan.
In connection with your use of the Site, you agree that you will not:
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.
WinCan reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of or content on 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.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at mail@wincan.com or by mail at Marketing Department, c/o WinCan, to 300 Cedar Ridge Dr., Suite 308, Pittsburgh, PA 15205, USA or Irisweg 12, Murten 3280, Switzerland.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation
Our Site may contain links to other websites for your convenience or information, and you may reach our Site by linking from another Site or clicking on a WinCan ad (“Linked Sites”). Such Linked Sites are not under WinCan’s control, and WinCan is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
THE SITE AND ALL CONTENT OFFERED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL WINCAN OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF WINCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINCAN’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED US $5.00 (FIVE US DOLLARS).
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
You agree to indemnify and hold WinCan harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against WinCan by any third party due to or arising out of or in connection with (1) your access to or use of the Site; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.
WinCan may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) WinCan’s rights or property, or the rights or property of visitors to or users of the Site. WinCan reserves the right at all times to disclose any information that WinCan deems necessary to comply with any applicable law, regulation, legal process or governmental request. WinCan also may disclose your information when WinCan determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that WinCan may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will cause irreparable harm to WinCan for which monetary damages would be inadequate, and you consent to WinCan obtaining any injunctive or equitable relief that WinCan deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WinCan may have at law or in equity.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of the State of New Jersey, United States of America excluding: (1) its conflicts of law principles thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New Jersey; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
To the full extent permitted by law and consistent with valid entry into a binding agreement, the controlling language of these Terms of Use is English and any translation you have received or which is available on the Site has been provided solely for your convenience. To the full extent permitted by law, all correspondence and communications between the parties under these Terms of Use shall be in the English language.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WINCAN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
In the event of dispute between the parties arising hereunder, and if such dispute cannot be resolved through negotiation, the parties first will try in good faith to settle their dispute through mediation administered through the American Arbitration Association under its Commercial Mediation Procedures. If they are unable to resolve the dispute through such mediation process, the dispute shall be submitted to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any such dispute shall be entitled to recover its costs and expenses, including attorney fees, from the other party. The location of the mediation or arbitration shall be New York, New York.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in New Jersey for the purpose of litigating all such disputes.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF USE.
WinCan is headquartered in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with the Privacy Policy and any other legal policies and notices published by WinCan, constitute the entire agreement between you and WinCan with regard to your use of the Site. WinCan’s failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by WinCan of any provision or any right it has to enforce these Terms of Use. Any such waiver must be in writing in order to be effective. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
Please contact us if you have any questions about these Terms of Use. You may contact us by emailing us at mail@wincan.com or by sending correspondence to either of the following addresses:
Irisweg 12, Murten 3280, Switzerland
or
300 Cedar Ridge Dr., Suite 308, Pittsburgh, PA 15205, USA.
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