Shopping. Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Winmore Wares LLC does not guarantee, warrant or endorse any product or service not manufactured or performed by Winmore Wares LLC, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Winmore Wares LLC.
Orders and Acceptance. All orders are subject to these Terms, including the General Policies & Terms. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Winmore Wares LLC reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Color. Winmore Wares LLC has made every effort to display as accurately as possible the colors of the advertised products that appear on the Site. However, the actual colors you see will depend on your monitor. Winmore Wares LLC cannot guarantee that your monitor will display any color accurately.
Promotional Offers, Contests, and Sweepstakes. Winmore Wares LLC reserves the right to cancel any order due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Please read the General Policies & Terms and the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
User Content and Site Use
Your Post. Users of the Site and Social Networks, as defined in the Privacy Policy, (combined “Interactive Site”) may themselves, or permit Winmore Wares LLC to, publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content").
User Content Use. Any User Content will be treated as non-confidential and non-proprietary. User Content may be used perpetually by Winmore Wares LLC or its affiliates or sublicensees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Winmore Wares LLC is free to use any ideas, concepts, know-how, or techniques contained in any User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By creating User Content, you grant Winmore Wares LLC and its affiliates and sublicensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in an unlimited manner. You also grant Winmore Wares LLC and its affiliates and sublicensees the right to use your name, persona and likeness included in any User Content and your Interactive Site handle, username, real name, profile picture and/or any other information associated with the User Content. You must be, or have first obtained permission from, the rightful owner of, and all person(s) appearing in, any User Content. You represent and warrant that you own the User Content; you also represent and warrant that your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party because of User Content use under these Terms. You hereby release, discharge and agree to hold Winmore Wares LLC, and any person acting on its behalf, harmless from any liability related in any way for use of your User Content.
Your Responsibilities. In order for us to keep the Site safe and available for everyone to use, you agree to use the Site for lawful and appropriate purposes only. You agree not to use the Site in a way that:
• violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
• uses technology or other means to access the Site that is not authorized by Winmore Wares LLC (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Site contents).
• involves accessing the Site through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Site and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).
• attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• attempts to damage, disable, overburden, impair, or gain unauthorized access to the Site, including Winmore Wares LLC' servers, computer network, or user accounts.
• attempts to access or collect personally information in violation of Winmore Wares LLC' Privacy Policy.
• encourages conduct that would constitute a criminal offense or give rise to civil liability.
• violates these Terms.
• interferes with any other party's use and enjoyment of the Site.
Prohibitions. You may not use the Site to harvest information about Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks and that attempting to circumvent or circumventing these technical remedies is a violation of these Terms.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, including User Content, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Winmore Wares LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Winmore Wares LLC to disclose the identity of anyone posting any such information or materials.
Reporting and Removal. Despite these restrictions, please be aware that some material provided by Users may be objectionable, unlawful, inaccurate, or inappropriate. To notify us of any inappropriate User Content, email contact@winmorewaresllc.com. Winmore Wares LLC will remove User Content if we are properly notified and find that such User Content infringes these Terms or another person’s rights otherwise.
Winmore Wares LLC does not endorse any User Content, and User Content does not reflect the opinions or policies of Winmore Wares LLC. We act as a passive conduit for User Content and reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason.
Notice Regarding Copyright Agent
Winmore Wares LLC does not condone copyright infringement on its Site, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further information):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links to Third-Party Sites
The Site may contain links to other non-Winmore Wares LLC web sites ("Linked Sites"). The Linked Sites are not under the control of Winmore Wares LLC and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Winmore Wares LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Winmore Wares LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Winmore Wares LLC of the Linked Site or any association with its operators.
Warranty and Disclaimer
You expressly acknowledge that your use of this Site is at your sole risk. WINMORE WARES LLC IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OF WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINMORE WARES LLC DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WINMORE WARES LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT AS SPECIFICALLY STATED ON THIS SITE, UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE SHALL WINMORE WARES LLC NOR ANY OF ITS OWNERS, EMPLOYEES, RELATED COMPANIES, SUBSIDIARIES, MERCHANTS, CONTENT PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION OR MAINTENANCE OF THIS SITE BE LIABLE FOR THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE: INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. WINMORE WARES LLC ALSO 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 SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT DOES WINMORE WARES LLC ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY USER CONTENT AND YOU AGREE TO WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST WINMORE WARES LLC WITH RESPECT TO SUCH USER CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold Winmore Wares LLC harmless against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, including your User Content.
Choice of Law and Dispute Resolution
The Terms shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A., without regard to conflict of laws provisions. Any dispute or claim relating in any way to the Site, or products or services sold or distributed by Winmore Wares LLC or through winmorewaresllc.com, shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Northwest Registered Agent Service Inc. 2222 W. Grand River Ave, STE A, Okemos, MI 48864. We each agree that (1) any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action and (2) either of us may bring suit in court to enjoin intellectual property rights violations. If a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
A printed version of this agreement and of any notice given in electronic form 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.
Additional Terms
Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these terms. If you do not agree to Additional Terms, then you may not use the Site to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Site to which the Additional Terms apply.
Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may revise or supplement these terms. We will provide you with advance notice of material revisions to these Terms. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other Users of the Site. Your continued use of the Site after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about these Terms.
Notice to California Residents
BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Site is deemed as a electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” to the address below.
Northwest Registered Agent Service Inc.
2222 W. Grand River Ave, STE A, Okemos, MI 48864
International Use
If you are not a United States resident and you are accessing our Site from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
Winmore Wares LLC’ servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to Users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Site from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Site; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Winmore Wares LLC or its affiliates to any registration requirement within such jurisdiction or country.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Winmore Wares LLC as a result of this agreement or use of the Site or Interactive Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Winmore Wares LLC with respect to the Site and Interactive Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Winmore Wares LLC with respect to the Sites and Interactive Sites.
Termination
These Terms are effective until terminated by either party; with the exception of the User Content Use, Limitation of Liability, Indemnification, and Choice of Law and Dispute Resolution provisions, which shall survive termination. You may terminate your agreement with Winmore Wares LLC at any time by no longer accessing this Site and destroying all materials obtained from the Site. Winmore Wares LLC reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these Terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials
Questions about the Site
If you have a question about the Site, please contact Winmore Wares LLC via email at contact@winmorewaresllc.com.
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