Thanks for using our products and services (“Services”). The Services are provided by The Women’s Information Network, Inc. (“WIN”), located at 192 Lake Breeze Road, Saratoga Springs, UT, 84045, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services cover a wide range of offerings, some of which have additional terms or product requirements. Any additional terms will be available with the associated Services and those additional terms are automatically included as part of your agreement with us if you use those Services. In the event of a conflict between these terms and those found in the additional terms, the additional terms shall apply.
Using our Services
You must follow all policies if you use any of our Services.
Abuse or misuse our Services is prohibited. Do not interfere with or disrupt our Services. Do not alter or attempt to alter the content, coding, operation, look and feel, or any other aspect of our Services. You are not permitted to access or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not grant you ownership of any intellectual property rights in or to our Services, or to the content you access, including any branding or logos, graphics, pictures, images, scripts, written content, diagrams, or other content included as part of our Services, whether or not it is owned by The WIN or a third party. You may not use content from our Services unless you obtain permission from the owner or are otherwise permitted by law. You are prohibited from removing, obscuring, or altering any legal notices displayed in or along with our Services.
Our Services may display content and sometimes products and services that are not The WIN’s. This content and the associated services are the sole responsibility of the entity that provided it. We may review content and services to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, the fact that we may review third party content, products and service does not necessarily mean that we have guaranteed to do so in any period of time or at all. Therefore, do not assume the content you may view or the products or services you use are: (a) acceptable to you; or (b) the responsibility of The WIN.
In connection with your use of the Services, we may send you service announcements, administrative messages, notification, requests for information, and other information. You may opt out of some of those communications. To opt out of all communications will require closing of your WIN account.
Some of our Services are available on mobile devices. The WIN cannot predict or know in advance if your mobile device is completely compatible with our Services, so your use of our Services on your mobile device is completely at your own risk. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws, or may otherwise pose a danger to you or others.
Other Websites and Services
The WIN may provide links to other websites and/or third party products or services. You understand and agree that, in the absence of written content to the contrary, The WIN does not automatically endorse these websites or services. Furthermore, you understand and agree that these third party websites and services are governed by their own terms and conditions, and that The WIN has no authority over them, nor does it have any liability in connection with your use of them. Use them at your own risk. You are recommended to review the third party terms and conditions prior to any use of those websites or services.
Your WIN Account
You may need a WIN Account in order to use some of our Services. You may create your own WIN Account, or your WIN Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a WIN Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your WIN Account, keep your password and all personal identification information, such as secret question answers, confidential. You are responsible for the activity that happens on or through your WIN Account. Try not to reuse your WIN Account password on third-party applications. If you learn of any unauthorized use of your password or WIN Account, contact The WIN immediately at www.thewinonline.com/contact.
Privacy and Copyright Protection
The WIN’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that The WIN can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We reserve the right to notify any copyright holder of your possible infringement without notification to you, or to prosecute offenders under the law.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you should contact The WIN through our contact page at www.thewinonline.com/contact.
Your Content in our Services
Some of our Services allow you to submit content. You retain complete ownership of any intellectual property rights that you hold in that content, unless otherwise agreed upon in writing between you and The WIN.
Unless otherwise agreed upon in writing, when you upload or otherwise submit content to our Services, you give The WIN (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of delivering such content, operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. In some of our Services there are additional terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
That you submitted content to our Services does NOT automatically grant you ownership, copyrights, any form of use license, interest in, or legal control over the content you submitted. You must have previously established such rights prior to your submitting them to our Services. The WIN reserves the right to demand clean, clear documented proof showing a complete chain of title for all submitted content. The WIN reserves the right, in its sole discretion, to either accept or reject such documentation. Rejection by The WIN will result in the content you submitted being considered infringed upon, and The WIN will act accordingly.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Unless otherwise restricted in additional terms and conditions specific to a given software, the WIN gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by The WIN as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by The WIN, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission or the written permission of the software owner.
All software is important to us. Some software used in our Services may be offered under an open source or paid license that our affiliates, third parties, or we will make available to you. There may be provisions in the software license that expressly overrides some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services, and may add, modify, remove, suspend, or stop functionalities, features, or a Service.
You can stop using our Services at any time, subject to any additional Service agreements you may have signed. Subject to the terms of any additional Service agreements, The WIN may also stop providing Services to you, or add or create new limits to our Services at any time, in The WIN’s sole discretion.
Your Information within a Service
If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. However, we cannot guarantee you will have sufficient, or any, time in which to retrieve the information. Therefore, The WIN highly recommends you maintain a current copy of all your information you have in connection to our Services in some manner under your complete control.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care. However, there are certain exclusions concerning our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THE WIN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY GUARANTEES ABOUT THE AVAILABILITY OF ANY SERVICE, CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services WHEN PERMITTED BY LAW, THE WIN, AND THE WIN’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE WIN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, THE WIN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services as a business or on behalf of a business, that business accepts these terms. The business will hold harmless and indemnify The WIN and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should review these terms regularly. The WIN will post notice of modifications to these terms on this page as indicated by the “last Modified Date” above. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, for security reasons, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between The WIN and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future) or that we are approving your actions.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Utah, U.S.A., excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Utah or Salt Lake Counties, Utah, USA, and you and The WIN consent to personal jurisdiction in those courts.