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Effective May 2021
The terms "we," "us" and "our" refer to Wynnen and any of our affiliated companies as appropriate to the context. "You" refers to any person accessing and/or using the Site.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Wynnen may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Wynnen will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
Content on this Site that is provided by Wynnen or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Wynnen Content") is the property of Wynnen and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any Wynnen Content.
You agree not to download, display or use any Wynnen Content located on the Site for any commercial or non-commercial purpose, in connection with products or services that are not those of Wynnen, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Wynnen and/or its licensors, that dilutes the strength of Wynnen's or its licensor's property, or that otherwise infringes Wynnen's or its licensors intellectual property rights. You further agree to in no other way misuse any Wynnen Content that appears on this Site.
Use of the Site and Posting Policy
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Wynnen in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Wynnen in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Site; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials ("User Content"). By using these features, you agree that you will not submit or post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Wynnen; that you will not submit or post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or includes anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Wynnen, or misrepresent an affiliation with another person or organization; and that you will not submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.
You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site, your User Content, or other features therein. Wynnen may cancel your account and delete all User Content associated with your account at any time, and without notice, if Wynnen deems that you have violated these Terms, the law, or for any other reason. Wynnen assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, Wynnen reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
By displaying, publishing, submitting or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to Wynnen a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Site in favor of Wynnen. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, software or other computer programs.
You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Wynnen, its subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the above Posting Policy, or any violations thereof by your dependents or agents, or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to Wynnen or this Site.
Intellectual Property Infringement Notification
If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please contact us immediately.
Rules for Promotions
Accounts, Passwords, and Security
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Wynnen immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Wynnen is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Use of Credit Card
If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Terms of Sale
Wynnen currently ships to locations within the 50 United States and Puerto Rico. At this time, Wynnen is unable to ship to any other international locations outside of the United States. Orders already in the shipping process cannot be modified. Wynnen charges sales tax for merchandise ordered on the Site based on the applicable state sales tax rate of the location to which the order is being shipped. Payment conducted via the PayPal site and using PayPal services are subject to the terms and conditions set by PayPal.
Despite our best efforts, occasional pricing and other errors may occur on the Site. Access to the Site does not constitute the right to purchase products featured. Wynnen is not responsible for typographical, pricing or other errors. Products and prices of products described on the Site are subject to change at any time without notice. Wynnen reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Wynnen will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Wynnen reserves the right to limit quantities of products purchased.
Wynnen undertakes reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
A valid Visa, MasterCard, or American Express credit card number is required for payment. Separate charges for shipping and handling will be added to the price of the products ordered. Title to all products and risk of loss or damage will pass to the buyer upon shipment from Wynnen.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Representations and Limitations of Liability
To the extent permitted by the applicable law, Wynnen makes no representations about the reliability of the features of this Site, the Wynnen Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Wynnen makes no representations regarding the amount of time that any Wynnen Content or User Content will be preserved.
Wynnen does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Wynnen without the prior review and written approval of Wynnen.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WYNNEN (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL WYNNEN BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WYNNEN'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WYNNEN OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WYNNEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF WYNNEN'S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Third Party Websites
The Site is controlled and operated by Wynnen from within the United States, and is not intended to subject Wynnen to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the state of New York, USA without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms and/or use of the Site not subject to the arbitration provision set forth herein will be brought before, the federal, state, and local courts located in Westchester County, New York.
Both you and Wynnen acknowledge and agree that no partnership is formed and neither of you nor Wynnen has the power or the authority to obligate or bind the other.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
The failure of Wynnen to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of Wynnen, shall not be deemed a breach of these Terms.
If Wynnen fails to act with respect to your breach or anyone else's breach on any occasion, Wynnen is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Wynnen, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Wynnen regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Effective May 2021
What is Personal Information?
Our Collection of Personal Information
From the first moment you interact with us, we are collecting personal information about you. Sometimes we collect personal information automatically when you interact with our services and, sometimes, we collect the personal information directly from you. At times, we may collect personal information about you from other sources and third parties, even before our first direct interaction. We may link or combine your activities and information collected from you on our websites with information we have collected automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.
Personal Information You Provide
We collect the following personal information you provide in connection with our services:
Contact and Profile Information. We collect personal information, such as your name, email address, password, telephone number, gender, zip code, and address when you create an account, sign up for a newsletter, request a transaction or make a purchase online, redeem or participate in a promotion, purchase or redeem a gift card or otherwise communicate with us. We collect any communications between you and us and any other information you provide to us. We also collect information about your use of our services, such as your orders, and similar activity.
Payment and Transaction Information. We may collect information such as items purchased, date and time of your transaction, amount purchased, order details, whether you used a particular coupon or deal, and payment information, such as your credit/debit card or gift card details, when you make an online purchase.
Shopping History. For example, we may collect personal information about the items you viewed on our website, added to your cart, purchased or returned.
We use this information to operate, maintain, and provide to you the features and functionality of the services, as well as to communicate directly with you, such as to send you email messages. We may also send you service-related emails or messages (e.g., user account verification, change or updates to features of the services, technical and security notices) and communications from or about Wynnen.
Personal Information Automatically Collected When You Use our Services
Like most digital platforms, we collect certain personal information automatically when you visit our online services, including:
Information About Your Device and Its Software. This may include your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser or your account (including, for example, a persistent device identifier or an Ad ID), and other similar information. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, that permit us to recognize and contact you across multiple devices.
Information You May Post or Submit to Our Website. We may collect information about how you use and interact with our websites and services, including any content you post to the services.
Information About The Way You Access And Use Our Services. This may include, for example, the site from which you came and the site to which you are going when you leave our services, the pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the services from multiple devices, and other actions you take on the services.
Analytics Data. This may include the electronic path you take to our services, through our services and when exiting our services, as well as your usage and activity on our services, such as the links and objects you view, click or otherwise interact with (also known as “Clickstream Data”). We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our users. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners.
Location Information. We collect information about your location for the purpose of providing our services. We may collect location through WiFi, wireless network triangulation and other methods or we may also approximate your location by your IP Address.
Personal Information from Other Sources and Third Parties
We also obtain personal information from other sources, which we often combine with personal information we collect either automatically or directly from you.
We receive the same categories of personal information as described above from the following sources and third parties:
Social Networks Through Your Interactions. When you interact with our services through various social media networks, such as when you “Like” us on Facebook or when you follow us or share our content on Facebook, Twitter, Snapchat, Instagram or other social networks, we may receive some information about you that you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third party websites and social media networks and services before linking or connecting them to our services.
Our Use of Personal Information
We and the third parties we work with may use personal information:
To process your registration on our services, including verifying your information to ensure its accuracy and validity.
To fulfill your requests (e.g., to allow you to place an order online, have it delivered to you, or to provide you with information that you request).
To fulfill your purchases (e.g., to process credit card payments in connection with your transaction).
To personalize your experience and customize content on our services relevant to your interests, including but not limited to targeted offers and ads through our website, email, social media channels, third-party sites, or on other devices you may use.
To operate, maintain, and provide to you the features and functionality of the products and services.
To send you important information regarding the services, such as certain changes to our terms, conditions, policies, and/or other administrative information. Because this information may be material to your use of the services, you may not opt out of receiving such communications.
To inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, adding you to our email/mailing lists and permitting you to participate in sweepstakes, contests, and similar promotions (collectively, "Promotions").
To evaluate your eligibility for certain types of Promotions, offers, products, or services that may be of interest to you.
To help maintain the safety, security, and integrity of our service, technology assets, and business.
For our internal business purposes, such as data analysis, customer research, audits, fraud prevention, developing new products and/or features, enhancing the services, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns, including to inform our machine learning for purposes such as user engagement.
Our Disclosure of Personal Information
We disclose personal information in the following ways:
Third Parties at Your Request: You may choose to share your activities on the services with your friends through email or on various social media networks.
The Public: When you provide feedback or post user content on our services (e.g., if you post a product review on our website or comment on our social media sites), your information (e.g., your first name and comments) may be displayed on our websites or on our social media pages. When you engage with us on social media, we may tag your social media account or the social media account of others (e.g., to give photo credit to another user).
Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
in connection with the establishment, exercise, or defense of legal claims;
to comply with laws or to respond to lawful requests and legal process;
to detect, suppress, or prevent fraud;
to reduce credit risk and collect debts owed to us;
to protect the health and safety of us, our customers, or any person; or
as otherwise required by applicable law.
We may also share personal information which has been aggregated or de-identified in a manner such that the end-product does not uniquely identify you.
Choices and Control Over Your Information
Profile and settings: You may update your account information and adjust your account settings by logging into your account. Please note that changes to your settings may require some time to take effect.
How to control your email preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices). You may also be able to adjust certain communications preferences by logging into your account.
Children’s Personal Information
Our websites and online services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If you are under the age of 13, please do not use our websites or online services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.
Effective May 2021
What Are Cookies and Related Technologies
Cookies are small data files that are stored on your computer that allow us and our third-party partners and providers to collect certain information about your interactions with our email communications, websites and other online services. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).
What We Collect When Using Cookies
Third-party partners and providers may also collect personal information about your online activities over time and across different websites when you use our websites and online services.
How We Use That Information
Your Choices About Cookies
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our online services, as some features and services on our online services may not work properly. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. Depending on your device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.