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User Agreement
User Agreement
 

USER AGREEMENT A. ACCEPTANCE OF TERMS By using winwinbooks.com's site in any way, you are agreeing to comply with this User Agreement. In addition, when using particular winwinbooks.com services, you agree to abide by any applicable posted guidelines for all winwinbooks.com services, which may change from time to time. Should you object to any term or condition of this User Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with winwinbooks.com in any way, your only recourse is to immediately discontinue use of winwinbooks.com. Winwinbooks.com has the right, but is not obligated, to strictly enforce the User Agreement through self-help, community moderation, active investigation, litigation and prosecution. B. AGREEMENT MODIFICATIONS We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any such changes. C. CONTENT You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from winwinbooks.com, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item that you post, email or otherwise make available via the site. You understand that winwinbooks.com does not control, and is not responsible for content made available through its site, and that by using the site, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the winwinbooks.com site and content available through the site may contain links to other websites, which are completely independent of winwinbooks.com. Winwinbooks.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will winwinbooks.com be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via winwinbooks.com. You acknowledge that winwinbooks.com does not pre-screen or approve content, but that winwinbooks.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via its site, for violating the letter or spirit of the User Agreement or for any other reason. D. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the site, provided by you to winwinbooks.com are non-confidential and shall become the sole property of winwinbooks.com. Winwinbooks.com shall own all right, title and interest, including all intellectual property rights, in all submissions, and shall be entitled to the unrestricted use and dissemination of any submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you. E. VIOLATION OF TERMS Winwinbooks.com reserves the right, in its sole discretion, to reject, refuse to post or remove any user content (including all products) provided by you, or to deny, restrict, suspend or terminate your access to all or any part of the site at any time, for any or no reason, with or without prior notice or explanation, and without liability. Winwinbooks.com expressly reserves the right to remove your profile, products and/or deny, restrict, suspend, or terminate your access to all or any part of the site if Winwinbooks.com determines, in its sole discretion that you have violated this agreement or that such action would be in the best interest of Winwinbooks.com. F. THIRD PARTY CONTENT, SITES, AND SERVICES The winwinbooks.com site and content available through the site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of winwinbooks.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that winwinbooks.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that winwinbooks.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release winwinbooks.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site. G. NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify winwinbooks.com's administration for notice of claims of copyright or other intellectual property infringement administration at: support@winwinbooks.com. Please remember to use partial disclosure if your intellectual property is not protected. When contacting our administration, please provide us with proper Notice as required under the "Copyright Policy" section of our Privacy Policy. H. PRIVACY AND INFORMATION USAGE Winwinbooks.com has established a Privacy Policy to explain to users how their information is collected and used. Your use of the winwinbooks.com website signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that winwinbooks.com may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the User Agreement; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of winwinbooks.com, its users or the general public. I. CONDUCT You agree not to post, email, or otherwise make available content:  That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;  That is pornographic or depicts a human being engaged in actual sexual conduct, including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;  That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;  That impersonates any person or entity, including, but not limited to, a winwinbooks.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);  That includes personal or identifying information about another person without that person's explicit consent;  That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"  That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;  That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;  That constitutes or contains any form of advertising or solicitation if: posted in areas of the winwinbooks.com site which are not designated for such purposes; or emailed to winwinbooks.com users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.  That includes links to commercial services or web sites;  That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;  That disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the site, or that otherwise negatively affects other users' ability to use the site; or  That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the site.  That otherwise violates any federal, state, or local laws. Additionally, you agree not to:  Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;  "Stalk" or otherwise harass anyone;  Collect personal data about other users for commercial or unlawful purposes;  Use automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the site - unless expressly permitted by winwinbooks.com;  Post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;  Attempt to gain unauthorized access to winwinbooks.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the winwinbooks.com site; or  Use any form of automated device or computer program that enables the submission of postings on winwinbooks.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. J. POSTING AGENTS A "posting agent" is a third-party agent, service, or intermediary that offers to post content to the site on behalf of others. To moderate demands on winwinbooks.com's resources, you may not use a posting agent to post content to the site without express permission or license from winwinbooks.com. Correspondingly, posting agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the site to facilitate posting content on behalf of others, except with express permission or license from winwinbooks.com. K. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements to winwinbooks.com email addresses or through winwinbooks.com computer systems, which is expressly prohibited by this User Agreement, will use or cause to be used servers located in the State of Florida. Any unauthorized use of winwinbooks.com computer systems is a violation of this User Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), the Florida Communications Fraud Act (§ 817.034, Fla. Stat.) and the Florida Computer Crimes Act (Ch. 815 et seq., Fla. Stat.) and that such violations may subject the sender and his or her agents to civil and criminal penalties. L. PAID POSTING Winwinbooks.com may change its fee policy at any time for any reason, and seller will be notified at the email address in their user profile. We may charge a fee to post content in some areas of the site. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the site is responsible for said content and compliance with the User Agreement. All fees paid will be non-refundable in the event that content is removed from the site for violating the User Agreement, or if you delete your profile for any reason. M. LIMITATIONS ON USE You acknowledge that winwinbooks.com may establish limits concerning use of the site, including the maximum number of days that content will be retained by the site, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the site, and the frequency with which you may access the site. You agree that winwinbooks.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the site. You acknowledge that winwinbooks.com reserves the right at any time to modify or discontinue the site (or any part thereof) with or without notice, and that winwinbooks.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site. N. ACCESS TO THE SITE Winwinbooks.com grants you a limited, revocable, nonexclusive license to access the site for your own personal use. This license does not include: (a) access to the site by posting agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by winwinbooks.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. Winwinbooks.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the site so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of winwinbooks.com sites so long as the link does not portray winwinbooks.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Winwinbooks.com offers various parts of the site in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Winwinbooks.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that: (a) your use of the RSS feed is for personal, non-commercial purposes only; (b) each title is correctly linked back to the original post on the site and redirects the user to the post when the user clicks on it; (c) you provide, adjacent to the RSS feed, proper attribution to winwinbooks.com as the source; (d) your use or display does not suggest that winwinbooks.com promotes or endorses any third party causes, ideas, web sites, products or services; (e) you do not redistribute the RSS feed; and, (f) your use does not overburden winwinbooks.com's systems. Winwinbooks.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the site beyond the scope of authorized access granted to you by winwinbooks.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the site or any content made available via the site for other purposes (including commercial purposes) not stated herein, you must first obtain a license from winwinbooks.com. O. DISCLAIMERS OF WARRANTIES Winwinbooks.com is not responsible or liable in any manner for any products, user content or third party content offered through, linked to or posted on the site. Winwinbooks.com does not control and is not responsible for what users contribute to the site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or products you may encounter on or in connection with your use of the site. Winwinbooks.com is not responsible for the conduct, whether online or offline, of any user of the site. The site may be temporarily unavailable from time to time for maintenance or other reasons. Winwinbooks.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or user content. Under no circumstances will winwinbooks.com be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the site, any user content or third party content linked to or posted on or through the site, or any interactions between users of the site, whether online or offline. Winwinbooks.com reserves the right to change any and all content contained in the site or offered through the site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by winwinbooks.com. You Understand and Agree that: • The site, and all content, user content, third-party content, products and services included in the site are provided "as is" with no warranties whatsoever. • Winwinbooks.com disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. • Winwinbooks.com makes no warranty or representation regarding: (i) any content, user content, third party content, product or service offered or sold through the site; (ii) the results that may be obtained from the use of the site; (iii) the currency, accuracy, quality, content, completeness, legality, operability, availability or reliability of any information or products obtained through the site; or, (iv) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or material. Winwinbooks.com does not represent or warrant that the site will meet any of your requirements or that it will be uninterrupted, timely, secure or error free. • Use of our site is at your sole risk. The use or purchase of any products, material, user content products and/or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk and you will be solely responsible for any damage that results from the purchase of such products or the download of such material, user content and/or data. P. GENERAL INFORMATION These terms constitute the entire agreement between you and winwinbooks.com with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The section and other headings contained in this User Agreement are for reference purposes only and shall not affect the meaning or interpretation. This User Agreement and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. You and winwinbooks.com agree to waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Broward County, Florida. In the event that litigation results from or arises out of this User Agreement or your use of the site, or any part thereof, you and winwinbooks.com agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. Q. TERMINATION OF USE You agree that winwinbooks.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the site, immediately and without notice, and remove and discard any content within the site, for any reason, including, without limitation, if winwinbooks.com believes that you have acted inconsistently with the letter or spirit of this User Agreement. Further, you agree that winwinbooks.com shall not be liable to you or any third-party for any termination of your access to the site. Further, you agree not to attempt to use the site after said termination. R. PROPRIETARY RIGHTS The site is protected to the maximum extent permitted by copyright laws and applicable international treaties. Content displayed on or through the site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of winwinbooks.com. You further agree not to reproduce, duplicate or copy content from the site without the express written consent of winwinbooks.com, and agree to abide by any and all copyright notices displayed on the site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the site. Although winwinbooks.com does not claim ownership of content that its users post, by posting content to any public area of the site, you automatically grant, and you represent and warrant that you have the right to grant, to winwinbooks.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the site, you automatically grant Winwinbooks.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the site by any party for any purpose. S. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL WINWINBOOKS.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WINWINBOOKS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WINWINBOOKS.COM SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WINWINBOOKS.COM SITE, FROM INABILITY TO USE THE WINWINBOOKS.COM SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WINWINBOOKS.COM SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WINWINBOOKS.COM SITE OR ANY LINKS ON THE WINWINBOOKS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WINWINBOOKS.COM SITE OR ANY LINKS ON THE WINWINBOOKS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. T. INDEMNITY You agree to indemnify and hold winwinbooks.com, its subsidiaries, affiliates, successors, assigns, officers, directors, shareholders members, managers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the site, your use of the site, your violation of the User Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another. U. SUGGESTIONS Winwinbooks.com always welcomes your suggestions and ideas. Please direct suggestions, ideas or questions to suggestions@winwinbooks.com.