Continued use of the WindowsSecrets.com site will constitute your acceptance of Terms of Service
TERMS AND CONDITIONS OF USE
iNET Interactive, LLC doing business as Windows Secrets. (“iNet” “we”, “us” or “our”) operates this website, www.windowssecrets.com. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) are collectively referred to as the “Site” in this agreement. All users of the Site or iNet’s services (“You”, “Your” or “User”) hereby agree to the terms of this agreement and any other applicable terms or conditions which apply to programs in which Users may elect to participate or applicable to any Microsites (collectively, the “Terms” or “Agreement”).
IF USERS DO NOT ACCEPT THESE TERMS, THEY MUST IMMEDIATELY STOP ACCESSING THE SITE AND STOP USING ANY SERVICE OFFERED BY OR THROUGH THE SITE.
1. Permitted Uses. The Site provides an interactive online service operated by iNet, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making discounted goods and services provided by merchants available for purchase by iNet (“Deals”). Deals may be purchased by You pursuant to the terms of the offer and subject to the Terms of Sale set forth below.
User hereby warrants and agrees that he/she is an individual person at least 18 years of age with the authority to create a binding legal obligation. Further, User agrees to only use the Site in full compliance with these Terms.
The creation of an account may only be for User’s personal use, for legitimate purchases that comply with the terms of the respective offers; to make purchases for User’s own use and enjoyment or, when offered, as a gift for another.
In creating an account, User agrees to safeguard his/her password and supervise the use of his/her account. User understands and agrees that User is responsible for his/her use and the use of his/her account by anyone he/she allows access. Finally, User agrees and warrants that he/she has the right to provide all information submitted to the Site and that such information is accurate, true, current and complete.
2. Availability of the Site. User acknowledges that there may be interruptions in service or access to the Site from time to time for any reason including, without limitation, routine maintenance. User understands and acknowledges that due to circumstances both within and outside of iNet’s control Site access may be interrupted, suspended or terminated without prior notification. iNet retains the right, at its sole discretion, to deny service, or access to the Site at any time and for any reason.
3. Ownership of the Site. All content and information contained on or within the Site, including trademarks, copyrights, patents, and applicable infrastructure, is the property of iNet or iNet’s Merchants and other partners. User agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site without the express written permission of iNet or the copyright owner. Any such permission granted shall only be made with the express requirement of independent attribution and/or agreement that no changes will be made or delete to any author attribution, trademark legend, or copyright notice contained therein. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.
User further agrees not to upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the respective owner of such material. By submitting any material to the Site, you warrant that the owner of such material has expressly granted iNet the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. You also grant iNet the right to edit, copy, publish and distribute any material that you make available on this Site.
4. Transmission of Information. iNet is not responsible for any data lost during transmission of information by User to the Site or the dissemination or theft of data due to viruses, breaches, and/or other flaws in networks used to access the Site or transmit information to iNet.
5. Your Conduct on the Site. All interactions on the Site by You must comply with the Terms and all applicable laws. iNet has sole discretion to determine whether Your conduct violates these Terms and reserves the right to limit access or privileges to the Site, in addition to other remedies as applicable by law or otherwise.
Users are prohibited from submitting any false, fraudulent, or purposefully inaccurate information to the Site, whether in connection with account creation or otherwise. iNet reserves the right to hold Users liable for any and all damages suffered as a result of such fraudulent activity and to pursue all legal action available under the law, including notification of Users’ Internet Service Provider of such fraud.
Any circumvention of safeguards placed on the Site by a User, tampering or interfering with the proper functioning of any part of the Site or services provided, or the unauthorized access of accounts not owned by that User is further prohibited. Any interference with the Site or services provided by iNet in any manner, including without limitation, by means of viruses, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” and other forms of hacking will not be tolerated and is considered an express violation of these Terms. Data phishing of the Site, whether manual or by robots, spiders, scrapers and/or other automated means is expressly prohibited.
Users may not use the Site, End User information, Merchant information, or any of its contents to advertise or solicit, for any other commercial, political or religious purposes or to compete, directly or indirectly, with iNet. Solicitation of Users, Merchants, and other partners is strictly prohibited. Users shall not use User or Merchant information for any commercial purpose, including marketing.
User accounts and purchases made through the Site are not transferrable. Any circumvention or violation of the terms of any Deals offered on the Site is expressly prohibited. Moreover, Users shall not copy any content or information from the Site without the express written permission of iNet.
Users may not engage in any activity that is illegal under the applicable laws of their jurisdiction or act maliciously against the business interests or reputation of iNet, its Merchants, or its services.
6. Creating an Account on the Site. Users may only create one account on the Site. Accounts are non-transferable and may not be sold, combined or shared with any third party. Failure to adhere to the Terms can result in the termination of User accounts and the forfeit of promotional account credits and unredeemed purchases. Once terminated, Users cannot create new accounts nor reactivate prior accounts unless formally invited by iNet.
7. Terms of Sale. All Deals offered on the Site are offered or facilitated through the Merchant identified therein. Merchants are solely responsible for redeeming Deals purchased on the Site. All purchased Deals are final; iNet does not offer any refunds. Users may be responsible for remitting applicable taxes and gratuities and/or shipping and handling fees not included in the value of Deals charged by Merchants. All customer support inquiries and complaints should be sent directly to Merchants. iNet does not provide any customer services for Deals.
By placing an order for Deals, Users have made a formal offer and must abide by the specific terms of the Deal, as listed therein (the “Deal Terms”), including specifics as to redemption. In the event of a conflict between these Terms and the Deal Terms, the Deal Terms shall govern. The purchase, use and/or receipt of deals constitutes acceptance of these Terms and of any Deal Terms, unless otherwise stated within the Deal Terms or required by applicable law. Deals may not be combined with any other voucher, coupon or promotion.
The unauthorized use, reproduction, resale modification or trade of Deals is prohibited. Merchant is solely and fully responsible for any goods or services provided through Deals and for any and all damages, costs, claims, liabilities, injuries, and other harm (“Liabilities”) suffered by Users, whether directly or indirectly, from the use and/or redemption of Deals. USER HEREBY WAIVES AND RELEASES INET AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH ANY ACT OR OMISSION OF MERCHANTS IN CONNECTION WITH DEALS.
8. Modification of these Terms. iNet reserves the right to discontinue or modify any part of these Terms as necessary or desirable. Such changes shall be deemed effective upon posting of changes to the Site, but will not apply to Deals purchased prior to posting. Users will be notified via email to the registered email address associated with that account of any material changes affecting use of the Site or iNet’s services. The continued use of the site by Users shall be deemed as acceptance of the new Terms.
9. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures. iNet reserves the right to terminate any account of Users who infringe third-party copyrights. If you believe that any material has been posted to the Site by an End User in a way that constitutes copyright infringement, please provide iNet with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10. Disclaimer of Warranty. USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER INET, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. INET INTERACTIVE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Arbitration. If reasonable efforts between iNet and Users fail to resolve any disagreements between the parties, by using the Site, User agrees that any claim, dispute or controversy he/she may have against iNet arising out of, relating to, or connection in any way with the Site, Deals or these Terms, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”).
User further agrees that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and iNet; (b) the arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or iNet’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, iNet will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor iNet shall be entitled to arbitrate their dispute.
13. User Communications. iNet in some instances allows you and End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). iNet shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms and any operating rules established by iNet, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, iNet shall have the right, but not the obligation, to remove any material from the Communities that iNet, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of iNet.
14. Websites of Others. The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. iNet expressly disclaims any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If You decide to access websites maintained by other parties, You do so at Your own risk.
15. Public Nature of User Statements. User understands and agrees that all Statements are public and not private. Any other person (whether or not a user of our services) may read such Statements without User knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. iNet does not control or endorse any Statement found on the Site and specifically disclaims any liability concerning the Statements and the Communities and any actions resulting from User participation in any part of the Communities, including any objectionable content. Any and all Statements User posts to our Site are not confidential.
16. License Grant. By posting Statements or other information on or through the Site, User grants iNet a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, including but not limited to promotional, advertising, market research and other lawful purposes, and to sublicense such rights through multiple tiers of sublicensees.
17. Indemnification/Release. User agrees to defend, indemnify and hold harmless iNet, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms. To the extent permitted under applicable laws, User hereby releases iNet from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a iNet, and any conduct or speech, whether online or offline, of any other End User.
19. Additional Disclosures. No waiver by either you or iNet of any breach or default or failure to exercise any right allowed under these Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
iNet is located at 9100 West Chester Towne Center Rd. Suite 200. West Chester, OH 45069. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms apply equally to and are for the benefit of iNet, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.