TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE AND ANY RELATED SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS, WHICH CONSISTUTE OUR AGREEMENT (“AGREEMENT’).

 

Thank you for visiting our website at www.winni.com, (“Website” or the “Site”), which is owned by Winni, LLC (“Winni,” “We,” or “Us”). As used here, Winni includes its members, manager(s), officers, employees and agents. The term “you” or “user” refers to visitors to this Website. As a user of the Website and its services (including but not limited to sweepstakes and email newsletters), you agree to these Terms and Conditions (“Terms” or “Agreement”) without modification by you. These Terms may be changed by Winni in the future without further notice. Your continued use of this Website after any such changes constitutes your acceptance of the new or modified Terms. If you do not agree to the Terms, please cease using this website immediately.

 

Intellectual Property

Content on this Website, including photographs, graphics, images, written material, headers, and other site materials (collectively “Content”) as well as the compilation of the Content and its arrangement are the intellectual property of Winni and constitute copyrighted works.

This site contains our trademark, “Winni Wanderer,” and our trademarked logo.  Other logos, trademarks and service marks on the Website are the property of their respective owners. You may not use any trademarks or logos displayed on the Website, in whole or in part, without the express written permission of Winni or the respective owner. Except as specifically provided herein, none of the Content may be copied, reproduced, distributed, downloaded, displayed, posted, or transmitted in any form including by electronic, recording, photocopying or other means without the prior written consent of Winni. Any use of our Website and its Content must be for personal use only as specified in this Agreement. Permission is granted to display, copy, distribute, and download the Content for personal, noncommercial, informational use only, provided, however, that you may not, without the permission of Winni or the respective copyright owner, (a) copy, publish, or post any Content on any computer network, broadcast, or publications media; (b) modify the Content; (c ) alter or remove any proprietary notices in the materials. All contents of this Website are ©2022 Winni, LLC. All rights reserved.

 

Privacy Policy

This Website is governed by our Privacy Policy. Click here to view it. By using this Website, you consent to the use of your personal information by us in accordance with the terms of our Privacy Policy. Further, by using this Website, you acknowledge and agree that internet transmissions are never completely secure or private. Any information you send to the Website may be intercepted or viewed by others, even if there is notice that a particular transmission is encrypted.

 

User Conduct

As a condition of using this Website, you warrant and agree as follows:

 

1. You are at least 18 years of age;

2. You possess the legal authority to create a binding legal obligation;

3. You will abide these this Agreement when using this Website;

4. You will not disrupt or interfere with the security of or otherwise abuse the Website or any services, networks, accounts, or linked websites;

5. You will not access, copy, or monitor content or information of this Website using any robot, spider, or other automated means or any other process, manual or otherwise, for any purpose without our express written permission;

6. You will not interfere with any other user’s use of the Website or linked websites;

7. You will not upload, post, or otherwise transmit through, on, or to this Website, viruses, spam, harmful, disruptive or destructive files, or unsolicited emails to people or entities who have not expressly agreed to receive them;

8. You will not attempt to obtain unauthorized access to the Website or sections of it restricted from general access.

 

You agree that you are solely responsible for all actions and communications taken or transmitted from your account or your point of access. You further agree that you will comply with all applicable laws and regulations that relate to your use of this Website and services.

 

Links

This Website contains hyperlinks to websites owned and operated by third parties other than Winni. Such hyperlinks are provided for your reference and convenience only. We do not control such websites, and we are not responsible for any such website’s content, privacy or other practices, services, or security. We make no claim or representation regarding, and we accept no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Website or sites linking to this Website. It is your responsibility to take precautions to ensure that any links you select or software you download is free of viruses and other destructive items. Further, our inclusion of hyperlinks and summary of deals does not imply any endorsement of the linked website or any information contained therein, guarantee of their services, or association with their operators. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, representations, or services of third parties. When you leave our Website for a third-party site, any applicable terms and conditions of the third-party site apply.   

 

Submissions

You agree that if you send us submissions (for example reviews, photos, recipes, creative ideas, suggestions, proposals, plans, or other materials), whether online, by email, by mail, or otherwise (collectively, “comments”) we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  These Comments shall become the sole property of us, and we shall own exclusive rights, including all intellectual property rights and be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Your submission of any comments to us irrevocably waives any and all “moral rights” in such materials. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted or submitted by you or any third-party.

 

Supplier Services and Terms

The suppliers and vendors featured on our Website are third parties. We do not control the terms of any third-party offer or services, including but not limited to pricing, methods of payment, refund policies, privacy policies, handling of credit card or other information, or provision of service. We supply information and third party links for your convenience, and our inclusion of third party links or information does not imply affiliation, endorsement or adoption by Winni. Any purchase and use of third-party services, reliance on third-party information or offers is at your own risk and should be reviewed carefully by you. Similarly, we may feature travel tips and materials from other third parties and we make no representation, warrant or guarantee related to any information provided by any third parties. Winni, LLC is not responsible for content or services on websites operated by parties other than Winni, LLC. The inclusion of any products or services on this Website does not constitute recommendation of such products or services by Winni and are provided “as is” without warranty of any kind.

 

Indemnification

You agree to defend and indemnify Winni, LLC, its parent company, any members, managers, officers, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to attorney’s fees, brought by third parties arising out of or related to (1) your breach of these Terms and Conditions; (2) your conduct; (3) your use of this Website; and (4) your violation of any law or the rights of a third party.

 

Disclaimers and Limitation of Liability

This Website, including all content and services provided on or through the website or related services are provided “As Is” and “As Available” without warranty of any kind, and you expressly agree that use of this Website and any information contained herein or with our services is at your own risk. The information, software, products, and services published on this Website may include inaccuracies or errors. Winni does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to any description of travel products or services displayed on the website (including, without limitation, photos, pricing, general descriptions, and other information). Reviews, blog entries, travel tips, and other content provide the perspective and opinion of the writer and are provided without warranty of any kind. Winni and its parent company disclaim all warranties and conditions or representations that this Website, servers used, or any email sent from Winni, its parent  company, affiliates, or partners are free of viruses or other harmful components. Winni hereby disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response or purpose, title, and non-infringement.

 

All travel vendors and suppliers are third-parties and not agents or employees of Winni or its parent company. Winni and its parent company are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or vendors or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

 

In no event shall Winni be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display or use of this Website or with the delay or inability to access, display or use this Website including, but not limited to, your reliance on travel tips or other opinions appearing on this Website any computer viruses, information, software, linked sites, and services through this Website; or otherwise arising out of the access to, display or use of this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, other statutes, or otherwise, and even if Winni has been advised of the possibility of such damages.

 

If, despite the limitation and disclaimer of liability above, Winni or its parent company are found liable for any loss or damages which arise out of or are in any way connected with the occurrences described above or otherwise arising from use of this Website or services, the liability of Winni and/or its parent company will in no event exceed, in the aggregate, the greater of (a) any service fees you paid to Winni in connection with any transaction or (b) One-Thousand Dollars (US $1,000) or local equivalent currency. This limitation of liability reflects the allocation of risk between the parties.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, liability is limited to the fullest extent permitted by law.

 

Arbitration

We are committed to providing a quality Website and services. To enable us informally resolve any disputes between you and us arising out of or relating to our Website, these Terms, our Privacy Policy, services, or any representations, actions, or inactions by us, you agree to notify Winni of any claim or concern by contacting us at compliance@winni.com  and labeling the subject line “Claim.”  You agree not to bring any suit or action, or initiate arbitration proceedings until 60 days after the date on which you communicated your claim to us. If we are not able to resolve your claim within 60 days of notice, you may seek relief through arbitration as set forth below.

 

You and Winni agree that any and all claims will be resolved by binding arbitration, rather than in court. This includes any claims you assert against us, our parent company, any affiliates, or any companies offering products or services through us, which are intended as third party beneficiaries of this arbitration agreement. This agreement also includes any claims that arose before you accepted these Terms, regardless of whether prior versions of our Terms required arbitration.

 

Arbitration does not use a judge or jury, and any court review of an arbitration award would be limited in nature. The arbitrator must follow and enforce these Terms.

 

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules. Payment of all filing, administration and arbitrator fees will be governed by the rules of the AAA. Proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of all claims. If for any reason a claim proceeds in court rather than arbitration despite the express terms in this section, you and we each waive any right to a jury trial.

 

To start an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to “Winni Legal: Arbitration Claim,” at Winni, LLC 15 N. Southwood Drive, Nashua, NH 03063. If we request arbitration against you, we will give you notice at the email address you have provided or your street address. This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act. An arbitration decision may be confirmed by any court with competent jurisdiction.

 

Severability

If any portion of this Agreement is found to be invalid, illegal, or unenforceable, then that provision shall be deemed severable and the remaining portions shall remain valid and enforceable.

 

Other

Any rights not expressly granted herein are reserved.

 

Last Updated: May 20, 2022.