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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 supersedes 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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