CONDITIONS OF USE (Terms)
Welcome to W.I.N.O.S.® (Women In Need Of Sanity). W.I.N.O.S. Inc. and/or its affiliates ("W.I.N.O.S.®") provide website features to you subject to the following conditions. If you visit or shop at WinosHaveFun.com, WinosInc.com, or one of our linked sites, you accept these conditions. Please read them carefully. In addition, when you use any current or future W.I.N.O.S. service or business (e.g., Gift Finder, W.I.N.O.S. Buddies®, W.I.N.O.S. Watch or social media) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to W.I.N.O.S.®, to understand our practices.
When you visit WinosHaveFun.com or WinosInc.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the intellectual property of W.I.N.O.S.® or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of W.I.N.O.S.® and protected by U.S. and international copyright laws. All software used on this site is the property of W.I.N.O.S.® or its software suppliers and protected by United States and international copyright laws.
W.I.N.O.S.® (Women In Need Of Sanity) is a registered trademark of W.I.N.O.S. Inc. W.I.N.O.S.®, GLOVIE™, “Pucker Protector”™, W.I.N.O.S. Buddies™, Liquid Sanity™, and “Making a Difference with Every Sip”® are trademarked by W.I.N.O.S. Inc. In addition, W.I.N.O.S.® graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of W.I.N.O.S.® in the U.S. and/or other countries. W.I.N.O.S.’s trademarks and trade dress may not be used in connection with any product or service that is not W.I.N.O.S.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits W.I.N.O.S.® All other trademarks not owned by W.I.N.O.S.® that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by W.I.N.O.S.®
The W.I.N.O.S.® GLOVIE™ wine glass insulator is protected by U.S. design patent number D640,900. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
W.I.N.O.S.® grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of W.I.N.O.S.® This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of W.I.N.O.S.® You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of W.I.N.O.S.® without express written consent. You may not use any meta tags or any other "hidden text" utilizing W.I.N.O.S.’s name or trademarks without the express written consent of W.I.N.O.S.® Any unauthorized use terminates the permission or license granted by W.I.N.O.S.® You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WinosHaveFun.com or WinosInc.com so long as the link does not portray W.I.N.O.S.®, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any W.I.N.O.S.® logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. W.I.N.O.S.® does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use WinosHaveFun.com or WinosInc.com only with involvement of a parent or guardian. W.I.N.O.S.® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. W.I.N.O.S.® reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant W.I.N.O.S.® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant W.I.N.O.S.® and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify W.I.N.O.S.® for all claims resulting from content you supply. W.I.N.O.S.® has the right but not the obligation to monitor and edit or remove any activity or content. W.I.N.O.S.® takes no responsibility and assumes no liability for any content posted by you or any third party.
W.I.N.O.S.® respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide W.I.N.O.S.® the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
RISK OF LOSS
All items purchased from W.I.N.O.S.® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
W.I.N.O.S.® does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, W.I.N.O.S.® does not take title to the refunded item. For more information about our returns and refunds, please see Customer Service.
W.I.N.O.S.® attempts to be as accurate as possible. However, W.I.N.O.S.® does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by W.I.N.O.S.® itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Retail Price displayed for products on our website represents the full retail price suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Retail Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Retail Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY W.I.N.O.S.® ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. W.I.N.O.S.® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, W.I.N.O.S.® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. W.I.N.O.S.® DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM W.I.N.O.S.® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. W.I.N.O.S.® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your visit to WinosHaveFun.com or WinosInc.com or to products or services sold or distributed by W.I.N.O.S.®. will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to W.I.N.O.S. Inc., 251 Industrial Park Dr., Suite B, Boone, NC 28607. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, W.I.N.O.S.® will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting WinosHaveFun.com or WinosInc.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and W.I.N.O.S.®
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to WinosHaveFun.com or WinosInc.com. We reserve the right to make changes to our site, policies, and these Conditions of Use 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.
11020 Bailey Rd., Suite E
Cornelius, NC 28031
WHAT PERSONAL INFORMATION ABOUT CUSTOMERS DOES W.I.N.O.S. GATHER?
DOES W.I.N.O.S.® SHARE THE INFORMATION IT RECEIVES?
Information about our customers is an important part of our business, and we do not sell it to others. We share customer information only as described below. Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Protection of W.I.N.O.S.® and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of W.I.N.O.S.®, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
HOW SECURE IS INFORMATION ABOUT ME?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to Log off when finished using a shared computer.
WHAT ABOUT THIRD-PARTY LINKS TO OTHER WEBSITES?
WHICH INFORMATION CAN I ACCESS?
W.I.N.O.S.® website gives you access to information about your account and your interactions with W.I.N.O.S.® for the limited purpose of viewing and, in certain cases, updating that information.
ARE CHILDREN ALLOWED TO USE W.I.N.O.S.® WEBSITE?
W.I.N.O.S.® does not sell products for use or purchase by children. If you are under 18, you may use W.I.N.O.S.® website only with the involvement of a parent or guardian. Many of W.I.N.O.S.® products are geared for people of legal drinking age.
CONDITIONS OF USE, NOTICES, AND REVISIONS
If you choose to visit W.I.N.O.S.® website, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of North Carolina. If you have any concern about privacy at W.I.N.O.S.® website, please contact us with a thorough description, and we will try to resolve it. Our Privacy Notice and the Conditions of Use are subject to change. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.