Terms and Conditions

WinForTwo.com is an internet advertising and marketing website owned and controlled by WinForTwo.com LLC, hereinafter referred to as the “Company”. Our custom-built platform is designed to allow retail, service and other forms of businesses a way to advertise, promote, and further their business endeavors. Additionally our platform provides a process whereby legitimate not-for-profit entities may promote their programs and permit the general public to make a financial donation contribution. Lastly our platform enables the general public a process whereby they may receive, at no charge, products, goods and services from any of the advertising businesses based on their success in a free-to-enter contest.

In order to use our marketing platform for the purpose of advertising a business, promoting a not-for-profit or taking part in a contest we insist that you read and agree to the WinForTwo.com Terms and Conditions. These terms and conditions govern “WinForTwo.com, LLC”, “we”, or “our”) relationship with you when you use the WinForTwo.com website (“site”) and any all services available on or through the site or otherwise provided by WinForTwo.com, LLC, including any widget, offers, links, cookies or information (collectively, the “services”). By using or accessing the site, services or a widget, whether manually or through automated means, you agree to these terms and conditions (“terms”). These terms apply to you if you are an advertising business, group leader, group member, parent or guardian of a member or any other user of the site and/or services (collectively, “users” or “you”). If you choose to not accept these terms you are not permitted use the WinForTwo.com site or the services and may not receive the benefit or rewards associated with those who are determined to be the contest winners from either the Player, Business or Group areas. Since we don’t ever want that to happen, be sure to contact us if you have any questions about anything in these terms and conditions prior to acknowledging your agreement to participate in our programs. To be eligible to use the services and access the site, you must: (1) be at least 18 (or if under the age of 18 you must have parental or legal guardian consent and supervision); (2) provide a method of electronic communication whereby we may contact you and not have been previously restricted, suspended or terminated by WinForTwo.com, LLC; and (3) agree to all the terms and conditions of our contests, offers, rewards participation and methods of communication.

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Access to the site and services from territories, locations, nations, states, provinces’, counties, municipalities, cities or any other name for a location where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.

OVERVIEW

Our role. The purpose of our site and services is:
1. To provide Businesses a low-cost way to advertise their products, goods and services to the general public with an emphasis on delivering those messages electronically to a specific target-market surrounding a business’s geographic area;
2. To assist Groups (not-for-profit entities or organization) a way to encourage their members, supporters and the general public to take part and submit one or more entries in our online contest to increase the probability that the Group may receive a reward donation from our company.
3. To permit any qualified individual (“PLAYER”) ‘Free of Charge’ access to take part in an online contest where they may win prizes, offers or rewards provided by participating advertising businesses.
Users. We define a user as any person acting as an individual or representative of a group or business who visits our website for the purpose of either entering a guess in a contest; requesting permission to have a Group participate in a contest; or a business entity representative who is seeking information regarding advertising on our program. All other access attempts by non-human means we consider as Non-Users and are therefore barred entry to our website portals or other access points.
1. Groups – A “Group” is a legitimate Not-for-Profit organization that has been approved by our company and received an endorsement by an existing Advertiser, to be shown in a list of participating Groups from which each Player must select one to process their entry.
2. Advertisers – You become an “Advertiser” when you agree to pay an advertising fee in exchange for having your legitimate business displayed on our website where you may offer a “prize” as an incentive or reward for a winning entry submitted by a “Player”
3. Players – You become a player when you access the www.WinForTwo.com website for the purpose of placing an entry in the contest and agreeing to the Terms and Conditions prior to submitting that entry.
Accurate Information. You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or our “Company” has reasonable grounds to suspect that such information is inaccurate, we may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services, and void any entries you have made or continue to submit in any contest.
Privacy Policy. In addition to reviewing these terms, we include our privacy policy so you know how we collect and use your personal information. Your use of the site and its services constitutes your agreement to our Privacy Policy.
1. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.
2. We collect personally identifiable information, like names and email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your requests on our web site and to enable communication from our company to you.
3. Cookie/Tracking Technology – The site may use cookies and tracking technology and other forms of tracking software. Cookies and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the Site. Cookies also help customize the site for visitors. Personal information cannot be collected via cookies; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with analysis type companies to provide us with site management statistics.
4. Distribution of Information – We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. We will not share your data with any other company or entity outside of these limitations.
5. No distribution of contest winners identification is made by our company to any person or company. We will list the winning entries of a contest but will disguise the winner’s electronic address on any page where the public has access.
6. Questions regarding our Privacy Policy – If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:
  1. By e-mail: info [at] WinForTwo.com
  2. By phone 856-425-0077
  3. By Mail: WinForTwo.com, LLC, 115 E. Summit Avenue, Haddonfield, New Jersey, 08033-1837.
  4. We reserve the right to make changes to this policy. Any changes to this policy will be posted in our privacy policy on a continuing basis. No notice will be sent directly to any Group, Advertiser or Player regarding the description of changes made unless specifically requested by an individual.
Relationship of WinForTwo.com LLC and WinForTwo.com. By using this site you understand and agree that WinForTwo.com is a website name that WinForTwo.com LLC uses for the purpose of offering their advertising, marketing and rewards contest processes to the general public and is not a business. WinForTwo.com, LLC shall not be responsible for any losses or damages incurred as a result of any use of the website by any user described above under “Users”. In the event of a dispute between users, you hereby release WinForTwo.com, LLC, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service. You, acting in any capacity, acknowledge and agree that WinForTwo.com, LLC is not acting as “Commercial Co-Venturer”, “Escrow Agent”, “Fundraising Counsel”, “Independent Paid Fundraiser” or any other title that would imply that we are performing fundraising solicitations for groups or individuals. Each group agrees to waive any filing or notice required to any state department of consumer affairs due to WinForTwo.com, LLC not qualifying as any listed entity for which state licensing is required. In some cases we permit players to review the mission of some legitimate Groups and provide the Player linked access to a website portal where donations may be made directly to that Group. Any and all donated funds remain in the credit or debit card accounts that are controlled by the designated Group that received them. Additionally, WinForTwo.com, LLC is not part of that financial transaction and we receive no compensation from any voluntary donation. By accepting the Terms & Conditions of WinForTwo.com, LLC, each person, group or party acknowledges that WinForTwo.com, LLC is not associated with a subject Group other than for the purpose of the Group requesting permission to utilize the WinForTwo.com, LLC website found at WinForTwo.com to distribute information and request support for its ongoing expenses, operations or goals.

ADDITIONAL TERMS FOR GROUPS AND GROUP LEADERS

Any entity or organization that requests of our company to use our site in order to encourage fundraising of any type through the WinForTwo.com site is subject to the following additional terms. These terms further apply to the individual Registered Member(s) of a group and/or other members of that Group that request permission to use the WinForTwo.com, LLC platform. Groups and their representatives may encourage their membership and supporters to visit and enter a vote for a specific Group for the purpose of winning a donation for their Group.
By encouraging your members to use our services, you represent and warrant that: (a) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and (b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any purpose that is contrary to any local, county, municipality, state or federal law. Additionally, since all groups are raising funds for a non-profit organization you represent and warrant that such Group: (i) has and will maintain tax-exempt status under section 501(c) (3) of the Internal Revenue Code; and (ii) is registered with the State in which the Not-for-Profit was formed. Further you represent and warrant that you can meet all user eligibility requirements for the services and have a social security number or an EIN and a U.S. bank account.
1. Receiving Funds. As a Not-for-Profit you will be receiving funds through a payment processing service with the distribution controlled by your Group Leader. In addition, all Groups will be responsible for taxes based on the gross receipts unless the group provides documentation that they are not subject to pay sales, Gross Receipts or other taxes when funds are donated or received on behalf of the group or received directly.
2. Special Terms for Group Leaders: Group Leaders as the authorized agent for a Group are subject to the credit card processor’s user agreements and privacy policies, as well as transaction fees that are standard and charged by the credit card vendor service(s).
3. WinForTwo.com does not receive funds as donations for any Group taking part or listed in any of our contests.

ADDITIONAL TERMS FOR DONORS

Any individual, entity or organization that enters a guess in our program and subsequently donates funds through a credit card portal offered by a Group is classified as a “Donor” and is subject to the following additional terms of these terms that apply specifically to donors.

Donor’s Risk. All donations are at your own risk. Please make sure that when you donate to a Group, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. WinForTwo.com does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.
Donor Commitments. By donating funds through any website, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations are made as unrestricted gifts and may not be specified for any particular purpose; (ii) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use; (iii) all donations are final and non-refundable.
Tax Deductions. WinForTwo.com makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. WinForTwo.com will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any WinForTwo.com user or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation. Per rules of the Internal Revenue Service, donations made in excess of $75 may request verification documentation from the Leader of the group that received the net proceeds of the total funds donated.

GENERAL TERMS

Ownership of the site, Site information and services. The site and services and all technology underlying the same are expressly owned and operated by WinForTwo.com, LLC. Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by WinForTwo.com or its affiliates, if any, or are licensed by WinForTwo.com from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
1. The trademarks, logos, and service marks (“Marks”) displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that WinForTwo.com sponsors or with which we are otherwise affiliated. WinForTwo.com’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without WinForTwo.com’s express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without WinForTwo.com’s expresses written consent.
2. No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without WinForTwo.com’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.
3. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
Widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a “Widget”). Subject to your compliance with the terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
1. Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale;
2. Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
3. Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
4. Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our site.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to WinForTwo.com through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that WinForTwo.com has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to WinForTwo.com a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
Use of Site. The site, services and the Site Information are provided “as is” with all faults. Your use of the site, services, and the Site Information is at your own risk. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the service or the site, you promise to:
1. Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services;
2. Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the service; and
3. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion”) on WinForTwo.com at any time.
Digital Millennium Copyright Act; Copyright Complaints. WinForTwo.com, LLC respects the intellectual property rights of others and requires those that visit the WinForTwo.com website and use our network to do the same. WinForTwo.com, LLC via WinForTwo.com may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. WinForTwo.com, LLC via WinForTwo.com also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others’ copyrights, WinForTwo.com, LLC via WinForTwo.com may in its sole discretion terminate those individuals’ rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify WinForTwo.com, LLC via email to info@WinForTwo.com by written notice. The notice should include the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
2. A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
3. Identification of the location on the site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
4. Your name, address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
6. A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
WinForTwo.com, LLC via WinForTwo.com’s copyright agent for notice of claims of copyright infringement on the site and our network is our legal counsel whose name and address is available upon request.
Suspension or Termination of Your Use of the Site. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. WinForTwo.com has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in WinForTwo.com’s sole discretion and that WinForTwo.com shall not be liable to you or any third party for any termination of your account. If you want to terminate any services provided by WinForTwo.com, you may do so by notifying WinForTwo.com at any time, with your notice sent, in writing, to our address set forth below. Termination of any service includes removal of access to such service and barring of further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but WinForTwo.com has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by WinForTwo.com, we do not operate, control or endorse any information, products or services on the Internet in any way. WinForTwo.com does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.

LIABILITY

Indemnification. You agree to indemnify, defend and hold WinForTwo.com, LLC and their internet business name of WinForTwo.com and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from: (a) your use, misuse or abuse of the site, services or the Site Information; (b) your User Generated Content; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in WinForTwo.com, LLC’s defense of any claim. WinForTwo.com, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without WinForTwo.com, LLC’s written consent.
DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WINFORTWO.COM, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. WINFORTWO.COM, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. WINFORTWO.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
LIMITATION ON LIABILITY. WINFORTWO.COM, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH ANY SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WINFORTWO.COM, LLC / WINFORTWO.COM BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND WINFORTWO.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
RELEASE. YOU HEREBY AGREE TO RELEASE WINFORTWO.COM, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION. If you are a California resident, you hereby 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Security of the Site. WinForTwo.com maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems, Player’s personal emails and Groups information. For example, for the security of your online visit to the site, WinForTwo.com may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while WinForTwo.com strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, WinForTwo.com will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.

MISCELLANEOUS

Electronic Communications. When you visit the site, use the services or send emails to WinForTwo.com, you are communicating with us electronically. You consent to receive communications from WinForTwo.com electronically. WinForTwo.com may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that WinForTwo.com provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to WinForTwo.com at the following address: 115 E. Summit Avenue, Haddonfield, New Jersey 08033-1837. Such notice shall be deemed given when received by WinForTwo.com, LLC via WinForTwo.com by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Jurisdiction and Governing Law. You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflicts of laws provisions. In addition:
1. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, the WinForTwo.com may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from New Jersey law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
2. Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
3. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
4. You and WinForTwo.com, LLC via WinForTwo.com must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR WINFORTWO.COM, LLC MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, WinForTwo.com 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 as compared to the cost of litigation; (iv) WinForTwo.com also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
5. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by New Jersey law or United States federal law. Notwithstanding the foregoing, either you or WinForTwo.com may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New Jersey. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New Jersey, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New Jersey for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
6. With the exception of (d) (i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, 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, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor WinForTwo.com, LLC shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in New Jersey. By using the site or services in any manner, you agree to the above arbitration provision. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Site is for Use in the United States. The site is intended for users located in the United States. If you are a non-U.S. user of site, by visiting the site, using the services and/or providing WinForTwo.com with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the site, the services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
1. It is the express wish of the parties that the terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
2. If you are located in the United Kingdom, a third party who is not a party to the terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
3. If you are located in Germany, notwithstanding any limitation in these terms, WinForTwo.com is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
Conflict with Other Agreements. These terms are in addition to, and do not nullify, any other agreement between you and WinForTwo.com or any other applicable terms and conditions found on the site. In the case of any direct conflict between these terms and any other agreement between you and WinForTwo.com, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the site. Notwithstanding the above, when you use any process made available to make a credit card or other conveyance for the purpose of making a donation, your use of that service is governed by the user agreements and payment privacy policy and notice of said service.
Modification of the terms. In WinForTwo.com’s sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the site. The date of the most recent revision will appear at the top of this page. If WinForTwo.com has a working email contact for you and the changes to the terms are material, WinForTwo.com may notify you of such changes by sending you an email to the address you have provided to us. WinForTwo.com encourages you to review these terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in WinForTwo.com’s sole discretion and as posted to the site. Continued use of the site constitutes acceptance of any modified terms and conditions.
Additional Terms. WinForTwo.com also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the site, which may be posted in the relevant parts of the site, and will be identified clearly and conspicuously. For example, WinForTwo.com may post additional rules to participate in a promotion. Your continued use of the site constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these terms.
Miscellaneous Other Provisions.
1. In the event that one or more portions of these terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
2. The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.
3. If WinForTwo.com, LLC fails to enforce any parts of these terms, it will not be considered a waiver.
4. These terms make up the entire agreement between you and WinForTwo.com, LLC regarding the site and supersede any prior agreements.
5. These terms do not confer any third party beneficiary rights.
6. You will not assign or transfer any of your rights or responsibilities under these terms to anyone without WinForTwo.com, LLC’s express written permission.
7. WinForTwo.com, LLC may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in these terms shall prevent WinForTwo.com, LLC from complying with the law.
9. WinForTwo.com, LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials

If you have any questions about these terms, contact us at info@WinForTwo.com and do so before you agree to the Terms and Conditions stated along with the Privacy Statement listed in this document. Proceeding to use the WinForTwo.com, LLC’s material and programs via WinForTwo.com website or program in any fashion, manner or form after marking the checkbox acknowledging your agreement to the terms and conditions and any privacy statement included in those terms waives your rights to bring any action against WinForTwo.com, LLC, its officers, employees or sub-contractors for any reason.

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