Updated: November 12, 2019
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.
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 firstname.lastname@example.org 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.
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 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.
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.
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.
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
Irisweg 12, Murten 3280, Switzerland
300 Cedar Ridge Dr., Suite 308, Pittsburgh, PA 15205, USA.