Welcome to WIN(win).
Thanks for using our products and services (“Services”). These Services are provided by NET(net), located at Holland, Michigan and/or Grand Cayman, Cayman Islands.
By accessing and using our Services, in addition to our standard policies, terms and conditions applicable to each of our product and service offerings, by accessing our website and acquiring Services, you are agreeing to the terms set forth below. Please read them carefully.
Using our Services
Please do not misuse our Services. 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 and conditions or policies, or if we are investigating suspected misconduct in your use of the Services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. In part, use of the Services does not grant to you the right to use any trademarks, service marks or copyrighted material without our prior written consent. Rather, your access to and use of the Services is limited to the terms and conditions set forth herein and those applicable to the product and service offerings being acquired by you.
In addition, our Services, including analyses, tools, templates, techniques, procedures, processes, know-how, applications, software products, subscriptions, federated market intelligence and best practices that may be embedded therein (collectively our “Proprietary Tools & Information”), are exclusively offered to you on a limited personal, non-assignable and non-exclusive license basis for your internal use only. You are precluded from using our Services and related Proprietary Tools & Information for any other reason or the benefit of any third party.
Our Service offerings and related Proprietary Tools & Information are to be used by you in the manner and purpose for which they were originally intended, and are not to be used as a substitute of any kind for any professional advice you may otherwise require or seek. We urge you to obtain such professional advice and guidance whenever necessary.
Warranties, Disclaimers, and Liability
We represent that: (i) we have all rights necessary to provide our Service offerings and related Proprietary Tools & Information to you; (ii) we will comply with all applicable laws, statutes and regulations in the provision of our Service offerings and related Proprietary Tools & Information; (iii) we possess the appropriate skills, knowledge and experience to provide our Service offerings and related Proprietary Tools & Information in a professional and workmanlike manner; and (iv) your use of our Service offerings and related Proprietary Tools & Information, in their standard deliverable form, will not infringe the rights of any third party, including intellectual property rights
Other than as expressly set out in our standard terms and conditions governing your access to and use of our Services, we do not make any promises about the Services and related Proprietary Tools and Information including, without limitation, commitments about the content of the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the services “as is.” In addition, to the extent permitted by law we make no representation or warranty of any kind, either express or implied, without limitation, for accuracy, content of information, completeness, merchantability, or fitness for any particular purpose.
When permitted by law, we will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages and our total liability to you for any claims relating to your access to and use of the Services and related Proprietary Tools and Information, including for any implied warranties, is limited to the amount that you paid to us for use of the Services and related Proprietary Tools and Information. In all cases, we will not be liable to you for any loss or damage that is not reasonably foreseeable.
Ownership and Intellectual Property
We, or our licensor, retain any and all rights, including but not limited to all intellectual property rights, title and interest in our Service Offerings and related Proprietary Tools & Information. You are strictly prohibited from decompiling, disassembling, reverse-engineering or otherwise attempting to derive the intellectual property or source code that may be contained in any of our Service Offerings and related NET(net) Proprietary Tools & Information. Further, you are not permitted to modify, copy, transmit, display, reproduce, publish, license, create derivative works from, include in works stemming from its whole or partial inclusion, transfer, sell or otherwise distribute any information obtained from our Service Offerings and related NET(net) Proprietary Tools & Information. Any such prohibited activity is in breach of your agreement with us and may be punishable by law. We will not hesitate to pursue enforcement of our rights and remedies, whenever required.
Where registration is required, the visitor’s email and a username will be stored on our server. Some of our Services may also require that you submit content. While you retain ownership of your submitted content, you agree that subject to privacy laws and our obligation to protect your personally identifiable information against unauthorized access or use, you agree that when you submit content to our Services, you give us the right to use, host, store, reproduce, modify, create derivative works, display and otherwise distribute obtained and submitted content.
In part, the information gathered is used to enhance the visitor’s experience when accessing and using our website to display personalized content and possibly advertising. Be assured, however, that E-mail addresses will not be sold, rented or leased to 3rd parties and, as required by law, we will protect personally identifiable information. E-mail may be sent to inform you of news of our services or offers by us or our affiliates.
If you have subscribed to one of our Services, you may unsubscribe by following the instructions which are included in e-mail that you receive, or as otherwise permitted pursuant to the agreement applicable to the particular Service offering. You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.
The information contained in our email messages may be privileged and confidential and protected from disclosure. If you are not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive one of our email communications in error, please notify us immediately by replying to the message and deleting it from your computer.
Thank you. NET(net)