Terms & 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, AND OUR PRIVACY POLICY, 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. If you do not agree to the Terms, please cease using this website immediately.

 

This website is offered and available to users who are 18 years of age or older, and who reside in the United States or any of its territories. By using this Website, you represent and warrant that you meet all of the forgoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them.  Your continued use of this Website after any such changes means you accept and agree to the new or revised Terms.   

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

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.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Winni, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: compliance@winni.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Winni. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name, the terms Winni Wanderer, Winni, our logo and all related names, logos, product and service names, designs, and slogans are trademarks of Winni or its affiliates or licensors. You must not use such marks without the prior written permission of Winni. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

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 and reside in the United States;

  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 use the Website in any way that violates 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);

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

  6. 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;

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

  8. 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;

  9. 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 links to websites owned and operated by third parties. Such links are provided for your 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 link 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.   

 

Geographic Restrictions

The owner of the Website is based in the State of New Hampshire in the United States. We provide this Website for use only by persons located in the United States.

 

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 (individually or 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.

 

Copyright Infringement

If you believe that any comments submitted by other users or any other material violate your copyright, please notify us at compliance@winni.com detailing your concerns.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including but not limited to materials provided by other users, and third-party licensors, and third-party services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Winni, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Winni. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

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 affiliates, 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 of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE 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 applying New Hampshire law, rather than in court. This includes any claims you assert against us, our 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 a formal arbitration proceeding, you must send a letter requesting arbitration and describing your claims to “Winni Legal: Arbitration Claim,” at Winni, 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.  An arbitration decision may be confirmed by any court of competent jurisdiction.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

Other

Any rights not expressly granted herein are reserved. This website is operated by Winni, LLC. All notices related to copyright infringement or arbitration should be sent to compliance@winni.com and to 15 N. Southwood Drive, Nashua, NH 03063 in the manner set forth in the related provisions in this Agreement. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to winniwanderer@winni.com.

 

Last Updated: June 8, 2022.