BRAND VALUE GROWTH LLC dba Win Brands Group – Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE Love Your Melon WEBSITE, AND ANY AFFILIATED WEBSITES AN/OR MOBILE APPLICATIONS (collectively, the “WEBSITE”) AND RECEIPT OF ANY SERVICES (the “SERVICES”) FROM Love Your Melon Inc. , a New York Limited Liability Company, AND EACH OR ANY OF ITS AFFILIATES (collectively, the “COMPANY”). FOR PURPOSES OF THESE TERMS, THE TERM “WEBSITE” INCLUDES ANY EMBODIMENT OR DERIVATIVE OF THE WEBSITE MADE AVAILABLE VIA MOBILE APPLICATION OR OTHER DIGITAL MEANS. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE THAT YOU ARE RECEIVING A BENEFIT FROM THE COMPANY, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (WITHOUT MODIFICATION), INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS MADE BY THE COMPANY. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS (WITHOUT MODIFICATION), WE RECOMMEND THAT YOU REFRAIN FROM USING THE WEBSITE AND THE SERVICES. VISITORS AND USERS OF THE WEBSITE AND USERS OF THE SERVICES ARE REFERRED TO INDIVIDUALLY AS “USER” and “USERS”.  

The Website, and all the content contained therein, is copyrighted work belonging to the Company. The Company grants you the right to use the Website subject to the Terms set forth below. 

PLEASE NOTE: The Website provides a platform, as part of the Services, whereby Users can purchase certain products of the Company (“Products”) and access certain Content (as defined herein) pertaining to such Products. As described further herein, the Company makes no claims, guarantees, warrantees or promises regarding the Products. 

Privacy Policy: Your privacy is important to the Company. The Company’s Privacy Policy is hereby incorporated into these Terms. Please review the Company’s privacy policy at https://loveyourmelon.com/pages/privacypolicy (the "Privacy Policy"). 

Accessing the Website:  You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Product and Service Offerings: Please be aware that some Products and Services described on the Website may not be available in your jurisdiction and generally may not be available outside of the United States. The laws of each country, state, and/or territory may differ and not all Company Products or Services are available in all locations. References to Company Products or Services unavailable in your jurisdiction do not imply that these Products or Services will be made available to you, and nothing on the Website shall be considered a solicitation to buy or sell a Product or a Service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the laws of that jurisdiction. 

License: All of the information and content on the Website including but not limited to all text, graphics, photos, artwork, games, software applications and code, video, audio, telephone calls, online communication and instant messaging, user interface design, and any downloadable media, whether provided for free or at cost, including but not limited to downloadable content the Company hosts, or communicates, or transmits, whether on social media or via any other means, or any comment the Company makes regarding the content of the foregoing nature of a party other than the Company, (the “Content”) is the property of the Company, or its affiliates, if any, or is being used by the Company with the express permission of a licensor, and is protected by copyright laws throughout the world. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Website or its Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. You may neither sell nor assign your access to the Website under any circumstance. Nothing herein shall be construed to restrict the Company’s rights to pursue all remedies available to it hereunder, at law or in equity, against any person for any unauthorized use, or unauthorized facilitation of use by another, of the Content, including, without limitation, a decree of specific performance and/or injunctive relief, and the exercise of any such right by the Company shall not prohibit the Company from seeking to enforce damages pursuant to any other Section hereof or otherwise available under the applicable law. The use of the Content on any other website or application or in a networked computer environment for any purpose, or any other publication, republication, redistribution or use of the Content, including, without limitation, framing the Content within another site, is expressly prohibited without the prior written consent of the Company which may be withheld at the sole discretion of the Company. All copyright and other proprietary notices on any Content must be retained on any copies made thereof, including all Company trademarks. Any unauthorized reproduction or modification, distribution, or performance of any Content is strictly prohibited. The Company and its licensors reserve all rights not granted in these Terms. 

From time to time, the Company may post certain articles to the Website, which may or may not have been written by the Company. Similarly, from time to time, certain Users may be granted access to, and may access, certain Company blogs, websites or applications, or communal discussion boards (i.e. message boards, chat-rooms, etc.,) (“Supplemental Content”). This Supplemental Content shall be considered Content for the purpose of this Agreement between the Company and the User. 

Trademarks: All trademarks, logos, URLs and domain names and service marks (each a “Mark” and collectively the "Marks"), registered or not, displayed on the Website` are property of the Company or otherwise the property of third parties. You are not permitted to use, copy, download, display, transmit or modify any of these Marks in any way without the prior written consent of the rightful owner of the Mark, whether the rightful owner be the Company or a third party. You may not include the Company name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between you and the Website or the Company. 

Modification: The Company reserves the right, at any time, to modify the Website, the Services, Product availability and/or the Content or to modify, suspend, or discontinue the Website, the Services, Product availability and/or the Content, or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, the Services, Product availability and/or the Content.

Linking to the Website and Social Media Features:

You may link to the Website, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

This Website may provide certain social media features that enable you to:

·Link from your own or certain third-party websites to certain content on this Website.

·Send emails or other communications with certain content, or links to certain content, on this Website.

·Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

·Establish a link from any website that is not owned by you.

·Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

·Link to any part of the Website other than the homepage.

·Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

SMS/MMS Mobile Message Marketing Program Terms and Conditions.

We may from time to time offer a mobile messaging program (the “Program”). The Program is governed by these following terms and our Privacy Policy, available here: https://loveyourmelon.com/pages/privacypolicy  collectively, the “Program Terms”). By opting in to or participating in any of our Programs, you accept and agree to these Program Terms. The Program Terms are not intended to modify other terms and/or conditions contained herein or in our Privacy Policy. 

i) User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Program Terms apply to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from 98671 in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that the Companyand its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of hats, beanies, caps, and other apparel. Messages may include cart reminders. 

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

5. Support Instructions: For support regarding the Program, text “HELP” to 98671 or email us at legal@loveyourmelon.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program (a “Program Dispute”), arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York before one arbitrator.

The parties agree to submit any Program Dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in New York without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Application of Florida Law to Program: We endeavor to comply with the Florida Telemarketing Act and Florida Do Not Call Act as applicable to Florida residents with respect to the Program.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Promotions, Discounts and Sweepstakes: Promotions, incentive or referral programs and discounts (collectively, “Promotions”) that may be made available from time to time on the Website are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, the Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Promotions, in each case, in whole or in part, at any time without notice and for any or no reason, whether or not the User has benefited from such Promotion being terminated, modified or suspended. No Promotion shall have any cash value apart from its intended use in connection with the Website. Without limiting anything set forth in these Terms and in addition thereto, by redeeming a Promotion, you express your understanding of and agreement to these Terms and any additional terms and conditions applicable to any such Promotion.

In addition to these Terms, other terms and conditions may apply to certain Services and/or features made available on the Website from time to time. By way of example but not limitation, such other terms and conditions may describe official rules for contests or sweepstakes on the Website. Such terms and conditions are in addition to and subject to these Terms.

Feedback: All feedback (the “Feedback”) submitted to the Company via the Website by the Users shall be deemed and remain the property of the Company. The Company may use such Feedback, any ideas, concepts, know-how or techniques contained in the Feedback, for any purpose, anywhere and in any format. So that the Company may incorporate such Feedback into the Website and/or the Services, the Company alone will own all right, title and interest, including all related intellectual property rights, in and to all Feedback submitted by any User. The Company shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated, if at all, in our Privacy Policy, or otherwise required by law. The Company advises its Users that the Company does not want to receive and prohibits Users from providing any feedback containing information that may reasonably be found to be defamatory, threatening, obscene, harassing or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.

Third Party Links and Content: From time to time, the Website may provide information from or contain links to other websites, operated by third parties. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Company website or its owner, and the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or the accuracy of the content contained therein. Such third party websites, and any content contained therein, including but not limited to any opinions, advice, statements, services, offers, or other information expressed or offers made available by a third party or any link contained in a third party website (the “Third Party Content”), are the content of the third party and not under the control of the Company. If you decide to access any Third Party Content linked to or from the Website, you do so entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. The Company assumes no responsibility for Third Party Content. 

WARRANTY DISCLAIMER: THE COMPANY IS PROVIDING THE SERVICES, THE PRODUCTS, THE WEBSITE AND THE CONTENT, INCLUDING ANY RELATED CONTENT (as defined herein), ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK; THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITE. INFORMATION ON THE WEBSITE MAY NOT BE CURRENT AT THE MOMENT YOU ACCESS THE WEBSITE AND MAY CONTAIN ERRORS. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SUITABILITY, USEFULNESS OR EXPECTED RESULTS OF THE CONTENT, SERVICES, PRODUCTS OR FUNCTIONS PROVIDED VIA THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES IN WHICH EVENT ANY REQUIRED WARRANTY APPLIES TO THE MINIMUM EXTENT LEGALLY REQUIRED.

BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE YOUR FULL AND UNCONDITIONAL UNDERSTANDING AND AGREEMENT THAT THE ADMINISTRATION OF THE SERVICES INVOLVES WORKING WITH A UNIQUE USER AND THAT, THEREFORE, NO SPECIFIC RESULTS ARE GUARANTEED TO BE ATTAINABLE AND THAT PRIOR RESULTS OF OTHER OF THE COMPANY’S USERS ARE NOT INDICATIVE OF WHAT YOUR RESULTS MAY OR MAY NOT BE. FURTHER, BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH AND, YOU VOLUNTARILY, HEREBY (I) CONFIRM THAT NO WARRANTY, GUARANTEE OR OTHER ASSURANCE HAS BEEN MADE TO YOU IN CONNECTION WITH THE SERVICES OR THE WEBSITE, AND (II) AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY CONSEQUENCES OF THE SERVICES PROVIDED. 

IN THE CASE OF ANY CONFLICT BETWEEN ANY OF THE LANGUAGE CONTAINED HEREIN, AND ANY SUBSEQUENT AGREEMENT ENTERED INTO BETWEEN YOU AND THE COMPANY, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LANGUAGE OF SUCH SUBSEQUENT AGREEMENT WILL CONTROL, UNLESS STATED OTHERWISE IN THAT SUBSEQUENT AGREEMENT. 

LIMITATION OF LIABILITY: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SERVICES, THE WEBSITE, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (I) FIFTY DOLLARS, OR (II) THE MINIMUM AMOUNT ALLOWED BY THE CONTROLLING JURISDICTION’S LAW. 

Indemnity: You agree to, at your own expense, indemnify, defend and hold harmless the Company, its affiliates, employees, representatives, agents, subsidiaries, licensors, suppliers, partners, officers and directors, from and against any and all claims, costs, damages, liabilities, fees and expenses (including reasonable attorneys’ fees) (“Claims”) arising from any third-party claim, action, suit or proceeding, to the extent that such Claim arises out of or relates to any (i) act or omission by you, your affiliates, your related parties, or your representatives, relating to the Content, or the Website and/or otherwise in connection with this Agreement, affecting or relating to any third-party, (ii) your use of the Services or the Products, (iii) your violation of applicable laws, rules or regulations in connection with your use of the Services or the Products, (iv) your Feedback and/or use of or contribution to the Content. In such case, the Company will provide you with written notice of such claim, suit or action.

Amendment: The Terms are subject to occasional revision. Please review them periodically for current information. If the Company makes any substantial changes, the Company will, and you authorize the Company to notify you by sending you an email to the last email address you provided to the Company (if any the Company may have in its records) and/or by prominently posting notice of the changes on the Website. Any material changes to these Terms will be effective upon the earlier of ten (10) calendar days following the Company’s dispatch of an email notice to you or ten (10) calendar days following the Company’s posting of notice of the changes on the Website. These changes will be effective immediately for new users of the Website. Continued use of the Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website. 

Monitoring Use: The Company reserves the right to monitor any and all use of the Website, in its sole discretion. However, unless required by law, the Company has no obligation toward any User to conduct such monitoring or take any action based on any monitoring the Company may conduct. In addition, the Company reserves the right to make record of any interaction with the Website, and the Content therein, by any User or other person, without providing notice to such User or person of such recordation. 

Termination:The Company may, at any time, terminate your use of the Website, in its sole discretion.

Security: Users should be aware that in general, information sent through the Internet is not secure. Email services that may be provided through the Website generally are not encrypted and do not provide a secure and private means of communication with us. Certain Services offered on the Website may, however, provide a secure means to communicate with the Company. For certain types of communications through the Website, we may require the use of encryption technologies provided for your protection and/or require you to use User identification information (the “User ID”) and passwords. You are responsible for the confidentiality and use of your User ID, password, and any other information that the Company or the Website may request or require, from time to time. If you become aware of any loss, theft or unauthorized use of your User ID, password or any other information that the Company or the Website may request or require from time to time, you must immediately notify the Company.  

Entire Agreement: These Terms, which include the Privacy Policy and any other legal notices or terms located on particular pages of the Website, represent the entire agreement between the Company and any and all Users relating to the subject matter herein. Notwithstanding the foregoing, these Terms do not supersede or amend (and will not take precedence over) any signed written agreement between you and the Company with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement

General Provisions: If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using the Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for New York for any lawsuit filed there against you by the Company arising from or related to these Terms. If you have any questions about the foregoing, please contact the Company at the following email address: legal@winbg.com. There are no third-party beneficiaries to these Terms. Nothing in these Terms should be construed as creating a partnership, joint venture or agency between you and the Company. The Company makes no offer to provide any of the Content or any piece of the Website in any language other than English. You agree that if the Company does not enforce or exercise any legal right or remedy which is contained in the Terms (or which the Company has the benefit of under any applicable law), failure to do so shall not constitute waiver of the Company’s right to do so, and that those rights or remedies will remain available to the Company. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY (INCLUDING WITH RESPECT TO ANY ARBITRATION HEARING BROUGHT IN CONNECTION WITH ANY PROGRAM DISPUTE) AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.