Terms of Service
WWW.WINMAKEGIVE.COM (the “Site”) is operated by Ben Kinney Training Organization, Inc (“BKT”). Throughout the site, the terms “we”, “us” and “our” refer to BKT. BKT offers this website, including all information, tools and services available from this Site (collectively, “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
By visiting the Site and/or purchasing our Services, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, clients, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By agreeing to these Terms of Service, you represent that you are at least 18 years old and are otherwise legally qualified to enter into contracts under applicable law. Any individual using the Services on behalf of a corporate entity or business further represents and warrants that they are authorized to act and enter into contracts on behalf of said corporate entity or business.
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
CHANGE & DISCONTINUANCE
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from BKT in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that BKT provides you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about BKT and special offers. You may opt out of such email by changing your account settings or sending an email to: email@example.com. Opting out may prevent you from receiving messages regarding the Company and special offers.
BKT imposes certain restrictions on the use of the Site and Services. By visiting the Site you represent and warrant that you will not: (1) use the Site or Services for unauthorized, unlawful or unethical purposes; (2) solicit others to perform or participate in any unlawful acts; (3) provide false, misleading, or inaccurate information to the Site, the Site’s users, or BKT; (4) use the Site or Services to phish, pharm, spam, spider, crawl, or scrape; transmit any worms, viruses, robots, spiders, or any code that damages, disables, impairs, or overburdens the Site; (5) attempt to gain unauthorized access to the Site; (6) reverse assemble, reverse compile, or reverse engineer the Site or any of the Site’s features in whole or in part, or allow or encourage any third party to do so; (7) access or attempt to access any of the Site’s data by any means other than through the interface provided by the Site; (8) interfere with or circumvent the security features of the Service or any related website; (9) infringe upon or violate our intellectual property rights or the intellectual property rights of BKT or others; (10) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected class; or (11) use the Site or Services for any obscene or immoral purpose.
A breach or violation of any of the Terms will result in an immediate termination of your Services, the forfeiture of any funds paid to BKT, and may subject you to civil and criminal penalties.
You may contact us by sending an email to firstname.lastname@example.org. Please allow up to 24 hours for someone to respond.
The Site and Services are the property of BKT, and subject to the intellectual property rights of BKT and its licensors.
CLAIMS OF COPYRIGHT INFRINGEMENT
BKT respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify BKT’s legal department in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail: Ben Kinney Training Organization, Inc
Attention: Legal Department
2211 Rimland Drive, Suite 124 Bellingham, WA 98226
Attention: Copyright Agent
By e-mail: email@example.com
All amounts paid to BKT for goods or services (“Fees”) are due promptly on the due date. Any fees not paid within seven (7) business days of the due date will be assessed a 10% late fee (“Late Fee”). Failure to pay any amounts due, including any Late Fees, within thirty (30) days of the due date, may result, at BKT sole and absolute discretion, in the suspension or termination of the services. In addition, you agree to pay all reasonable costs and expenses incurred by BKT for the collection of any amounts due, including, but not limited to all reasonable attorneys’ fees, costs and expenses.
FRAUDULENT CREDIT CARD CHARGES OR FRAUDULENT CLAIMS
All requests to negate charges are investigated by our legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. A fraudulent report may result in cancellation of card services, negative information on your credit report, even the possibility of criminal charges filed against you.
Since BKT is offering non-tangible, irrevocable goods you understand and agrees that any payments due BKT are non-refundable.
BKT reserves the right to modify this Refund Policy at its discretion. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on the Site. You agree to periodically review the Site, including the current version of our Refund Policy. Our refund policy is made available on the Site. It is your obligation to review our refund policy for any such revisions.
LINKED MATERIALS AND THIRD-PARTY MATERIALS
The Services include links to third-party products, services and web sites, as well as materials provided by third parties. BKT does not endorse, and takes no responsibility for such products, services, web sites, and materials. You understand that BKT has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and BKT takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
BKT PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BKT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BKT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION & EXCLUSIVE REMEDY
You agree to defend and hold BKT, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Service, your use of the Services, your violation of any law or the rights of a third party, or any submission made through your user account on the Services or that you otherwise make available through the Services.
You release BKT, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
CHOICE OF LAW & DISPUTES
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
BKT may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without BKT’s prior written consent, and any unauthorized assignment and delegation by you is void.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of BKT to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and BKT and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service)