Conditions of Use
Last Updated February 2016
By using this website, you signify your agreement to the following conditions of use (“Conditions of Use”). Please read these Conditions of Use carefully before using this website. The following terms and conditions apply to your use of our website, and any information that we may access through social media platforms such as Facebook, which is owned and operated by us. Winmark Corporation (“Winmark”) may at any time revise these Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Conditions of Use to which you are bound.
Disclaimer of Warranties
THE MATERIALS ON winmarkcorporation.com ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WINMARK DOES NOT WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINMARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
OTHER WEBSITES CAN BE ACCESSED THROUGH THIS HOME PAGE (“THIRD PARTY WEBSITE”). SUCH THIRD PARTY WEBSITES ARE EXTERNAL INTERNET ADDRESSES AND MAY OFFER PRODUCTS OR SERVICES OF ORGANIZATIONS INDEPENDENT OF WINMARK. WINMARK DOES NOT ENDORSE, APPROVE OR CERTIFY ANY INFORMATION, PRODUCT OR SERVICE REFERENCED OR PROVIDED AT SUCH THIRD PARTY WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, WINMARK DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS OFFERED OR SOLD ON ANY THIRD PARTY WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS OR ANY THIRD PARTY WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Winmark disclaims any responsibility for the content of any third party materials provided through or on the winmarkcorporation.com Internet site. Winmark desires to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement: Winmark Corporation, Attn: Legal Department, 605 Highway 169 N, Suite 400, Minneapolis, MN 55441.
All materials incorporated in or accessible through this site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site), are protected by United States and international copyright laws, and are owned or controlled by Winmark or by the original creators of such materials or their respective assignees. Such materials may be used as a resource for purchasing the products offered through this site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of Winmark or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
Although this site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations.
Limitation of Liability
NEITHER WINMARK NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, EVEN IF WINMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR THIRD PARTY WEBSITES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WINMARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO WINMARK FOR PRODUCTS SOLD OR SERVICES RENDERED. WINMARK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE.
You assume total responsibility and risk for your use of this website and any Third Party Website accessed through this website. Your sole remedy for dissatisfaction with this site or any products or services offered through this site or any Third Party Website accessed through this website is to stop using this website or such products or services.
Restrictions on Use of Materials
This website is owned and operated by Winmark Corporation. Permission is granted to display and navigate around this website with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial or public use of this website or any portion hereof is strictly prohibited. Except as otherwise permitted by Winmark, no materials from winmarkcorporation.com or any website owned, operated, licensed or controlled by Winmark may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video, without Winmark’s written permission. Winmark neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with Winmark.
This website is controlled and operated by Winmark from its offices within the State of Minnesota, United States of America. Winmark makes no representation that materials on winmarkcorporation.com are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Trademarks/Service Marks and Copyrights
Trademarks/Service Marks and Copyrighted Images displayed on this website are either the property of, or used with permission by, Winmark. The use of these trademark/service marks and copyrighted images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks, service marks, trade names, logos, and icons used by Winmark are proprietary to Winmark. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this website without the written permission of Winmark or such third party that may own the trademarks or service marks displayed on this website. Your use of the trademarks or service marks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.
We are very protective of our Winmark® trademark and other trademarks and service marks owned by Winmark. If they have not been registered with the United States Patent and Trademark Office, then we have applications pending. All use of these marks must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we would be entitled to collect your profits, our actual damages and, perhaps, even our attorney fees.
Inquiries concerning use of Winmark’s trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to Winmark Corporation, Attn: Legal Department, 605 Highway 169 N, Suite 400, Minneapolis, MN 55441.
Links to Other Websites and Connecting through Social Media
The website may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the website to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Visiting the website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your preferences.
Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as nonconfidential and nonproprietary and will become the property of Winmark or its affiliates. Such communications or material shall be used for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Winmark is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever including, but not limited to, developing and marketing products using such information.
Indemnity and Release
By using winmarkcorporation.com you agree to indemnify Winmark and its subsidiaries, affiliates, officers, directors and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of winmarkcorporation.com. By using winmarkcorporation.com you are hereby agreeing to release Winmark and its subsidiaries, affiliates, officers, directors and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the products and services.
Under no circumstances shall Winmark be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss or fluctuations in heat, light or air conditioning.
Choice of Law and Forum
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions of use of this website shall be filed only in the state or federal courts located in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Winmark with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Winmark with respect to this website. If any part of these terms and conditions of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
You agree that Winmark, in its sole discretion, may terminate your password (if any) or use of the website, for any reason, including, without limitation, if Winmark believes that you have violated the Conditions of Use. Winmark may at any time without notice discontinue this website or any part of it. You agree that any termination of your access to the website may be effected without prior notice. Further, you agree that Winmark will not be liable to you or any third party for any termination of your access to this website.
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