THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU SERVICES. USE OF THE MYWINPRO AND/OR MYWINLIFE SITES (HEREINAFTER "BACK OFFICE") INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW AND YOU AGREE THAT THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND WIN WORLDWIDE (HEREINAFTER "WIN.") If you do not wish to be bound by these terms and conditions, please do not visit or use the Back Office. You, the subscriber, agree that you are a willing subscriber to the Back Office services and agree that you will pay the fees associated with this service. WIN may amend these Terms of Service in our sole discretion at any time without specific notice to you. The latest Terms of Service will be posted on our site, and you should review them prior to using the site.
WIN operates these web sites and associated web pages which will be referred to as Back Office. WIN offers you access to Back Office which provides you access to a collection of online services. WIN offers you access to the Back Office in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by WIN from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms of Service.
You promise that you will not use the Back Office, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Back Office. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Back Office in any manner which could damage, disable, overburden, or impair the Back Office or interfere with any other party's use and enjoyment of the Back Office. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Back Office. Except with the written permission of WIN, you agree that you will not access or attempt to access password protected, secure or non-public content of the Back Office. Unauthorized individuals attempting to access prohibited areas of the Back Office may be subject to prosecution.
The Back Office includes a number of venues that enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since WIN firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions or the thoughts and opinions of other users. Therefore, WIN cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on the Back Office.
You, and not WIN, are entirely responsible for all information, data, text, software, music, sound, photographs, messages or other materials ("Member Content") posted via the Service. WIN does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. With respect to the content on your Member Back Office you agree not to:
In order to protect our members and ensure the long term growth and success of WIN, WIN maintains a ZERO tolerance policy towards the sending of spam email. Spam email is defined as Unsolicited Commercial Email (UCE). In the event that you send spam email to people without their permission, you risk immediate cancellation of your account and forfeiture of all contacts in that account. As a Back Office member, you understand that WIN neither condones nor tolerates the sending of unsolicited or spam email by its members.
We require all members to download their list of email addresses that have generated a complaint found in the Spam Policy above and permanently remove them their your database. If we receive a complaint from the same email address as a previous complaint from an email that was sent more than a week after the original complaint was filed, WIN has the right to terminate your membership. You are solely responsible for mail sent on your behalf.
You understand and acknowledge that:
For your convenience, the Back Office contain content and information from WIN'S partners and/or links to partner web sites ("Third Party Content"). Such content is not under the control of WIN and WIN is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. WIN is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by WIN of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites.
WIN is not and will not be responsible for (i) the terms and conditions of any transactions between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release WIN (and its affiliates, and consequential) of liability of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE BACK OFFICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) WIN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE, THE BACK OFFICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL WIN AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BACK OFFICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BACK OFFICE.
WIN does not claim ownership of the content you place on any Member Back Office or within any service. By using your Member Back Office, you grant WIN a worldwide, royalty-free non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display your content on and through the Back Office, and co-branded or mirrored versions of such sites, and in WIN'S promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
Some Back Office contain copyright material and all proprietary rights in that material remains the property of your member company. Reproduction, redistribution and transmission of any information contained in this Back Office is strictly prohibited save that Back Office subscribers may download and reproduce authorized materials from Back Office for their own personal use, as per the Policies and Procedures.
You agree to indemnify and hold WIN and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of any information, including but not limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member Back Office and/or WIN and/or its affiliates.
All materials on the Back Office (as well as the organization and layout of the WIN website) are owned and copyrighted or licensed by WIN, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Back Office is permitted without the written permission of WIN. Any rights not expressly granted herein are reserved.
We respect the intellectual property rights of others and we ask our members to do the same.
WIN, WIN Worldwide, and other WIN logos and product and service names are trademarks of WIN. Without WIN's prior permission, you agree not to display or use in any manner, the WIN Marks.
WIN reserves the rights at any time and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WIN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
WIN and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to your Member Back Office. You further agree that WIN shall have the right to remove Elements from your member Back Office, your Back Office account, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason. You further agree that WIN, in its sole discretion, may terminate your password, your member Back Office, your Back Office account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, for lack of use, if we are unable to verify or authenticate any information you provided to us, or if WIN believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your member MyWINPro and/or MyWINPro account if we decide, in our sole discretion, to discontinue offering our services.
These Terms of Service shall be governed in all respects by the laws of the State of Texas, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. Both parties submit to exclusive jurisdiction and venue in Plano, Texas, and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Collin County, Texas. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your member Back Office, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The services hereunder are offered by WIN, located at 5700 Tennyson Parkway, Suite 350, Plano, TX 75024.
Please report any violations of these Terms of Service to firstname.lastname@example.org
Please read the following community standards and expectations.