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Site Terms

 

 
Welcome to GoWin.com. GoWin.com is a manufacturer reseller web site. You accept these Site Terms if you visit or shop at GoWin.com. Please read these Site Terms carefully. When you use any current or future GoWin.com service, visit, or purchase from GoWin.com or any of its business affiliates, regardless if included in the GoWin.com web site, you are also subject to the guidelines, conditions, and Site Terms applicable to the service or business.

Privacy
Please review and read carefully GoWin.com's Privacy Policy, which also governs your visit to or purchases at GoWin.com. By reviewing GoWin.com's Privacy Policy, you will better understand our practices.

Communications
When you visit GoWin.com or send emails to us, whether it is directly on our site or through your private email account, then, you are electronically communicating with us. Through these practices, you consent to receive electronic communications from us directly. We will communicate with you via email or posting notices on the site. Through GoWin.com's electronic communications, you consent that all disclosures, agreements, notices, and other electronic communications to you satisfy any legal requirements that such communication be in writing.

If you communicate with GoWin.com by telephone, fax, or mail, then, you are communicating with us. Through these practices, you consent to receive electronic and non-electronic communications from us directly. We will communicate with you via email, posting notices on the site, telephone, fax, or mail. Through GoWin.com's electronic and non-electronic communications, you also consent that all disclosures, agreements, notices, and other communications, whether electronic or non-electronic, to you satisfy any legal requirements that such communication be in writing.


Copyright
All content included on this site, including, but not limited to, logos, images, button icons, graphics, data compilations, digital downloads, audio clips, software, and text, is the sole property of GoWin.com or its content suppliers and is protected by international and United States copyright laws. All of the content compiled on this site is the sole and exclusive property of GoWin.com and is also protected by international and United States copyright laws. All software used on this site is the property of GoWin.com or its software suppliers and is also protected by international and United States copyright laws.

Trademarks
GoWin.com, GoWin.com Packages, and other marks indicated on our site are registered trademarks of GoWin.com in the United States and other countries. Other GoWin.com logos, page headers, scripts, button icons, and graphics are trademarks or trade dress of GoWin.com. All of GoWin.com's trademarks and trade dress may not be used in any manner or in connection with any product or service that is not GoWin.com's, which is likely to cause confusion among customers or discredits or disparages GoWin.com. All other trademarks that appear on this site and are not owned by GoWin.com are the property of their respective owners, who may or may not be connected to, affiliated with, or sponsored by GoWin.com.

License and Site Access
GoWin.com grants you a limited license to access and make personal use of this site and not to download - other than page caching - or alter the whole or any portion of it, except with the express written consent of GoWin.com. This license does not include any commercial use or resale of this site or its contents; any derived use of the GoWin.com site or its contents; any gathering and use of any product listings, descriptions, prices, or other content; or any copying or downloading of any type of information for the benefit of self or another merchant, business, organization, or entity; or any use of robots, data mining, or similar data collection and extraction tools, applications, or programs. This whole site or any portion of this site may not be reproduced, sold, resold, copied, duplicated, visited, or otherwise exploited for any commercial purpose without the express written consent of GoWin.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, including text, images, form, or page layout, of GoWin.com and our affiliates without the express written consent of GoWin.com. You may not use any meta tags or any other "hidden text" utilizing GoWin.com's name, trademarks, or trade dress without the express written consent of GoWin.com. Any unauthorized use immediately terminates the license granted by GoWin.com. You are granted a revocable, limited, and nonexclusive right to create a hyperlink to the GoWin.com home page within your Internet browser and personal computer as long as the link does not portray GoWin.com, its affiliates, or their products or services in a misleading, false, derogatory, or otherwise offensive manner. You may not use any GoWin.com logo, proprietary graphic, or proprietary trademark as part of the link without the express written consent of GoWin.com.

Site Security
You, other people, or other entities are prohibited from attempting to violate or violating the security of the GoWin.com web site, including, but not limiting to: sending unsolicited email, mail, and all other forms of communication, including all verbal, non-verbal, electronic, and non-electronic, for any reason, such as promotions, marketing, or advertising of products or services; logging onto a server or an account which you are not authorized to access or accessing information and data not intended for you; forging any TCP/IP packet header or any part of the header information in any newsgroup posting or email; attempting to test, probe, or scan the vulnerability of a system or network or breach security authentication measures without proper authorization; or attempting to interfere with the service to any user, host or network, including, but without limitation to, via means of submitting a virus to the site, overloading, "crashing", "mailbombing", "spamming", or "flooding". You agree not to use any device, software, or routine to attempt to interfere or interfere with any activity being conducted on this site or the proper working of this site. You further agree not to attempt to use or use any agent, software, tool, engine, or other mechanism or device - including, but not limited to, browsers, spiders, robots, avatars, or intelligent agents - to search or navigate this site other than the search agents and search engine available from GoWin.com on this site and other than generally available third party web browsers - including, but not limiting to, Microsoft?Internet Explorer, Mozilla Firefox, and Netscape?Navigator.

Your Account and Use of This Site
By using this site, you consent to be responsible for maintaining the confidentiality of your account, personal information, and password and for restricting access to your computer, and you consent to accept full responsibility for all activities that occur under your password or account. GoWin.com may sell products that children can use, but the company will only sell these products to adults who can make purchases through a credit card. You must be at least 18 years old to use and make purchases on this site, and you consent that by using this site that you are at least 18 years old. If you are under 18 years old, then you can only use GoWin.com under direct involvement and supervision of your parent or guardian. GoWin.com and its affiliates reserve the right at all times to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion.

Comments, Communications and Other Content
GoWin.com web site's visitors may send emails to friends about products or services and submit or email ideas, suggestions, questions, comments, or other information as long as the content is not obscene, defamatory, threatening, invasive of privacy, illegal, and does not contain or consist of software viruses, spyware, commercial solicitation, mass mailings, chain letters, political campaigning, or any form of "spam". You may not impersonate any entity or person, use another entity's email address or a false email address, or any other strategy to mislead any entity or anyone as to the origin of the email or other content. GoWin.com reserves the right at all times, but not the obligation, to edit or remove such content.

If you do submit material and unless we indicate otherwise in a separate legal document, you grant GoWin.com and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to modify, reproduce, adapt, translate, use, distribute, create derived works from, publish, and display the content throughout the world and universe in any type of media. You also grant GoWin.com, its affiliates, and its sublicensees, if they so choose, the right to use the name that you submit in connection with such content. You warrant and represent that you own or otherwise legally control all of the rights to the content that you submit, that the use of this content described in this agreement - or policy - does not violate this agreement and will not cause injury to any entity or person, that the content is accurate, and that you will indemnify GoWin.com and/or its affiliates for all claims resulting from content that you supply. GoWin.com has the right, but no obligation, to monitor, edit, or remove any content or activity. GoWin.com takes absolutely no responsibility and assumes absolutely no liability for any content submitted by you or any other third party.


Risk of Loss
All items purchased from GoWin.com are made pursuant to a shipment contract. This means that the risk of loss and title for such ordered items pass to you upon our delivery to the carrier. Please review and read carefully GoWin.com's Terms and Conditions of Sale, which also governs your visit to or purchases at GoWin.com. By reviewing GoWin.com's Terms and Conditions of Sale, you will better understand our practices.

Product Descriptions
GoWin.com and the company's affiliates strive to be as accurate as possible with the information presented on this web site and through other forms of non-electronic and electronic communications. However, GoWin.com does not guarantee that the product descriptions, other content on this site, or content of non-electronic and electronic communications are accurate, reliable, current, complete, or error-free. If GoWin.com offers a product that is not as described when purchased, your only remedy is to return it to GoWin.com in unused condition.

Color
GoWin.com has made every effort to exhibit the colors of our products that appear on the site as accurately as possible. However, the actual colors you see will depend on your computer display and GoWin.com cannot guarantee that your computer's display of any color will be accurate.

Pricing
Except where specifically noted otherwise, the "List Price" displayed for products on the GoWin.com web site represents the manufactured suggested retail price (MSRP) listed on the product itself or estimated in accordance with the standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on each respective day. For certain items that are offered as a package, or a set, the List Price may represent "open-stock" prices, which means the aggregate, or total, of the MSRP or estimated price for each of the items included in the package.

In regards to the items sold by GoWin.com, the company cannot confirm the price of an item until after you order; however, the company will charge your credit card after it has confirmed the price of an item and before the order has entered the shipping process. Despite our best efforts and intentions to provide an excellent customer experience, a very small number of the items in our online catalog may be mispriced. If GoWin.com discovers a mispricing, the company will do one of the following:
  • If the item's correct price is lower than our stated price, GoWin.com will charge you the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, at our discretion, GoWin.com will either contact you for instructions before shipping or cancel your order and notify you of the cancellation.
Order Acceptance
At our sole discretion, GoWin.com reserves the right to refuse or cancel any order for any reason. There may be certain orders that we are unable to accept and must cancel. For your convenience, you will not be charged until after your payment method is authorized. Some situations that could result in your order being canceled include inaccuracies or errors in product or pricing information, limitations on quantities available for purchase, or problems identified by our accounting department. We may also require additional verifications from you or other entities before accepting any orders. We will contact you if any or all of your order is canceled or if additional information is needed in order to accept your order. If your order is canceled after your credit card has been charged, GoWin.com will issue a credit in the amount of the charge to your credit card.

Quantity Limits
At our sole discretion, GoWin.com reserves the right to limit the quantity of items purchased per order, per household, or per person. These restrictions may be applicable to orders placed to orders that use the same billing or shipping address, the same credit card, and also by the same GoWin.com account. We will provide notification to the customer should such limits be applied.

Disclaimer of Warranties and Limitation of Liability
THIS WEB SITE IS PROVIDED BY GOWIN.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOWIN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOWIN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOWIN.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM GOWIN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOWIN.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

General
This Agreement represents the complete agreement between the parties and supercedes all prior agreements and representations between them. Headings used in these Site Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and other terms of this Agreement shall remain in full force and effect. The failure of GoWin.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit GoWin.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this web site must be brought in the state or federal courts of California in Alameda County and you consent to exclusive jurisdiction of such courts.

Site Policies, Modification, and Severability
Please review and read carefully GoWin.com's other policies - Privacy Policy and Terms and Conditions of Sale - posted on this web site as these other policies also govern your visit, use, and purchases at GoWin.com. We reserve the right to make changes to our web site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Updated on November 1, 2005.
 

 

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