Date of last update: March 2, 2020.
Unless otherwise indicated, all of the texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, design and computer codes (collectively referred to hereinafter as “Content”), including, among others, design design , the structure, selection, coordination, expression, « appearance and impressions » and arrangement of the Content on the Site are the property of the company WinCan, are controlled or licensed by or to WinCan and are protected under the legal provisions relating to commercial law, copyright, patents and trademarks and under various other laws relating to intellectual property.
The transfer of data by the User implies the guarantee and the assurance that the User has the sufficient number of licenses and / or other rights on the contents to allow any type of use which could be required by WinCan.
Within the framework of the use of the Site, the User undertakes to refrain from:
Any behavior by the User which, in our sole discretion, restricts or prevents another User from using the Website is expressly prohibited.
WinCan reserves the right, at any time, and without notice, to: (1) modify, suspend or prohibit the use or access to the Site, or any part or any content thereof, for any reason whatsoever is ; (2) modify or change the Site, or any part of it, and all applicable principles and conditions; and (3) stop the operation of the Site or any part of it, if this is necessary to carry out normal or other maintenance, rectification of errors or other changes.
We do not allow activities that infringe copyright or intellectual property rights on the Site and we will remove any such content if it is duly reported that it infringes another person’s intellectual property rights . If the User is the owner or agent of the owner of the copyright and considers that content infringes his copyright, he is entitled to notify it in accordance with the provisions of Digital Millennium Copyright Act by providing in writing to our copyright agent the following (for more details, see Title 17 of the Code of the United States of America 512 (c) (3)):
The user can contact our copyright agent by e-mail at: firstname.lastname@example.org or by post to WinCan, through the marketing and communications department at WinCan by writing to following address: 300 Cedar Ridge Dr., Suite 308, Pittsburgh, PA 15205, USA or Irisweg 12, Murten 3280, Switzerland.
Upon receipt of this notification, we will review and, if necessary, delete the affected item. The results of the survey will be communicated to the User.
Our Site may contain links to other sites for convenience or for User information, and the User may access our Site from another site or by clicking on a WinCan advertisement ( » Linked sites ”). These linked sites are not the responsibility of WinCan and WinCan cannot be held responsible for the content of these linked sites and does not endorse their content.
THE SITE AND ALL THE CONTENT THAT IT OFFERS ARE PROVIDED « AS IS, AS AVAILABLE ». ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREIN TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
The above disclaimer applies to any damage, liability or infringement, whether it is a breach of contract, a tort, negligence or any other cause for action. in justice.
*** EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER ANY LEGAL THEORY, WHETHER IT IS A CRIME (INCLUDING NEGLIGENCE), AN CONTRACT OR OTHER LEGAL INSTRUMENT, WINCAN OR ITS SELLERS, THIRD PERSONS, LICENSORS OR SUPPLIERS ARE NOT RESPONSIBLE FOR THE USER OF DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL DAMAGES, DAMAGES, INCIDENTAL OR PUNITIVE PUNISHMENT, MUNICIPALITY, PUNISHMENT OR MUNICIPALITY. OF THE POSSIBILITY OF MANIFESTATION OF SUCH LOSSES OR SUCH DAMAGES. TO THE WIDEST EXTENT PERMITTED BY LAW, TOTAL RESPONSIBILITY OF WINCAN TO THE USER FOR ANY DAMAGE (DIRECT OR OTHER) OF ANY PENALTY OR LOSS, Whatever the form of action or claim, does not WILL NOT EXCEED 5 AMERICAN DOLLARS (FIVE US DOLLARS).
BY ACCESSING THE SITE, THE USER ACKNOWLEDGES THAT IT IS LIKELY TO WAIVE ITS RIGHTS WITH REGARD TO REQUESTS WHICH, AT THIS MOMENT, ARE UNKNOWN TO IT OR ARE NOT SUSPECTED. THEREFORE, THE USER AGREES TO WAIVE THE BENEFIT ARISING FROM ANY LAW, INCLUDING, IN THE RELEVANT SCOPE, OF THE PROVISIONS OF ARTICLE 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH, IN THE EVENT OTHERWISE, MAY LIMIT HIS WAIVER SUCH REQUESTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or accidental damage, so these limitations may not apply to the User.
WinCan may disclose any information held on the User (including the identity of the latter) if it considers that such disclosure is necessary in the context of an investigation or a complaint concerning the use of the Site by the User under consideration, or to identify, contact or take legal action against a person suspected of causing damage or violating (intentionally or unintentionally) the rights or property of WinCan, or the rights or property of visitors to the Site or its Users. WinCan reserves the right to disclose at any time any information it deems necessary to comply with any applicable law, regulation, legal proceeding or request of the government.
The User accepts that all questions relating to his access to the Site or the use of this one, including any litigation, are governed by the laws of the United States and by the laws of the State of New Jersey, United States of America, excluding: (1) conflict of law rules of this law to the extent that such rules or statutory provisions require or permit the application of the laws of any country other than the State from New Jersey; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES THE USER TO RESOLVE CERTAIN QUESTIONS RELATING TO DISPUTES AND CLAIMS WITH WINCAN AND LIMITS THE USER’S POSSIBILITY OF CLAIMING DAMAGES AND INTEREST TO OUR COMPANY.
Notwithstanding the preceding paragraph, both parties agree that nothing in this document has the effect of waiving, excluding or in any way limiting our right to: (i) bring an individual action in court competent for small claims, (ii) if necessary, carry out enforcement activities through the competent American federal, state or local agencies, (iii) request an injunction before a US court, or ( iv) institute legal proceedings before the court competent to resolve disputes relating to infringement of intellectual property.
WinCan is headquartered in the United States. Although the WinCan Site is available worldwide, all functions, products or services presented, mentioned, provided or offered by or on the Site are not available to all people or in all geographic areas, or are not not suitable or available for use outside the United States. If the User chooses to access the Site from a country other than the United States, he does so on his own initiative and remains solely responsible for compliance with applicable local laws.
In accordance with the provisions of section 1789.3 of the California Civil Code, Users of the California Site are entitled to the following specific information on consumer rights: The complaints and claims department of the California Department of Consumer Services can be contacted in writing at: 1625 N. Market Blvd, Suite N 112, Sacramento, California 95834 or by phone at (800) 952-5210.
Questions and contact information
Irisweg 12, Murten 3280, Switzerland
300 Cedar Ridge Dr., Suite 308, Pittsburgh, PA 15205, USA