Thank you for visiting WinFabUsa.com. WINFAB offers this website and may offer other WINFAB web pages on various social sharing sites from time to time, including Facebook® (each a "Site" and collectively, the "Site") to you conditioned on your acceptance of the terms, conditions and notices contained in these Terms and Conditions. Please read these Terms and Conditions before using a Site. Your access to and use of the Site reflects your agreement to be bound by these Terms and Conditions and all applicable laws. If you do not agree to these Terms and Conditions, or if you are dissatisfied with a Site’s content, do not access or use the Site.
In addition, when using a particular Site, or when using particular features or services on any Site (e.g., promotional or interactive areas), your use will be subject to any guidelines or rules posted at the Site or in connection with the features and services (collectively, "Additional Terms"), all of which are incorporated herein by reference. In the event that these Terms and Conditions conflict with the Additional Terms, then these Terms and Conditions will prevail.
Changes to these Terms and Conditions
WINFAB reserves the right to change these Terms and Conditions from time to time, and at any time, with or without notice to you, by posting such changes on the applicable Site. You are responsible for regularly reviewing these Terms and Conditions. By using a Site following any changes to these Terms and Conditions, you agree to be bound by any such changes to these Terms and Conditions.
Use of Site for Personal and Non-Commercial Use Only
The Site is for your own personal, entertainment, information, education and noncommercial use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without the prior written permission of WINFAB.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material on a Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from a Site solely for your own internal, noncommercial, lawful use. If you make other use of a Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not: (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information; (b) send chain letters or pyramid schemes via any Site; (c) decompile, disassemble or reverse engineer any Site or any portion thereof, or (d) attempt to gain unauthorized access to any Site, any portion thereof or any other computer systems or social media or mobile platforms through any Site. You agree that you will not use any Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any Site.
Intellectual Property
WINFAB and its licensors own all rights, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any of the foregoing. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of WINFAB. The collective work includes works that are licensed to WINFAB. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the "Marks") are subject to the trademark rights of, and are proprietary to, WINFAB or its affiliates. WINFAB does not grant any license or other authorization to use the Marks except through a separate written license agreement.
Unsolicited Submissions to the Site
Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to WINFAB at this Site, by e-mail, download, or otherwise ("Unsolicited Submission"), is non-confidential, and automatically becomes WINFAB’ property upon receipt, without any compensation to you. WINFAB is free to use and repurpose such Unsolicited Submission freely, and for any purpose. Specifically, WINFAB is free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products, without any compensation to you. WINFAB has no obligation to review or use any Unsolicited Submissions or to keep them confidential. WINFAB does not waive any rights it may have to similar or related ideas previously known to WINFAB or developed by its employees, or obtained from sources other than you.
Linking
The Site may contain links to other websites, which may be of interest to you. WINFAB has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms and Conditions no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.
In general, WINFAB does not object to links to its Site(s) from third-party websites. However, you must abide by the following rules if you link to a Site. Unless we have a written agreement with you, you may not use any of WINFAB’s Marks in or with your links. Do not present the link to our Site in any way that suggests WINFAB has any relationship or affiliation with your website, or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with WINFAB to do so. You may link to our Site using the plain text name of the Site. Link only to the home page of the Site. Do not, without WINFAB’s written permission: (a) incorporate any content from the Site into your website (e.g., by in-lining or framing); (b) use any WINFAB’s Marks or any other words or codes identifying WINFAB’s Site in any "metatag." WINFAB will not tolerate links from any website that may adversely affect the name, reputation and goodwill of WINFAB, its affiliates or their products. WINFAB reserves the right to cancel permission to link at any time, for any reason.
Privacy Policy
Along with these Terms and Conditions, please read our Privacy Policy and refer to it before you submit any personal information to this Site. The Privacy Policy is hereby incorporated and made part of these Terms and Conditions.
Jurisdictional Issues
The Site is operated out of the United States and the WINFAB products, services, materials, offers, and information appearing on the Site are intended for U.S. users. The Site may not be available to users outside of the United States. WINFAB makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States or any other jurisdiction’s export, re-export, or import laws and regulations.
Limitation of Liability
Your use of and browsing on a Site is at your own risk. Neither WINFAB nor its affiliates, or their officers, directors, shareholders, employees, agents or licensors, or any other party involved in creating, producing or delivering the Site (the "Protected Entities") is liable for any direct, indirect, incidental, consequential, special or punitive damages (in contract, tort or any other theory) arising out of your access to, or use of, the Site, even if the Protected Entities have been previously advised of the possibility of such damages. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, USD $10.
Everything on the Site (including materials, information, content, services, products, graphics and links) is provided to you "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PROTECTED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. Please note that some jurisdictions may not allow for limitations on damages or exclusions of implied warranties, so some of these limitations may not apply to you. Check your local laws.
Indemnity
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms and Conditions, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.
Miscellaneous
These Terms and Conditions constitute the entire agreement between you and WINFAB and govern your use of the Site. These Terms and Conditions and the relationship between you and WINFAB shall be governed by the laws of the State of North Carolina, United States, without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Mecklenburg County, North Carolina. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises or be forever barred. WINFAB’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. WINFAB may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Updated October 10th, 2016.
