The Winwhatwhere.com Web Site (the "Site") is an online information service
provided by winwhatwhere.com, ("winwhatwhere.com"), subject to your
compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. WINWHATWHERE.COM MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are
winwhatwhere.com, its affiliates or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to winwhatwhere.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to winwhatwhere.com by all means and in any media now known or
hereafter developed. You also grant to winwhatwhere.com the right to use
your name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
winwhatwhere.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to winwhatwhere.com.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or service marks of winwhatwhere.com. Other
product and company names mentioned in the Site may be the trademarks of their
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by winwhatwhere.com, winwhatwhere.com
does not operate, control or endorse any information, products or services on
the Internet in any way. Except for winwhatwhere.com- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with winwhatwhere.com a. You also
understand that winwhatwhere.com cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. WINWHATWHERE.COM PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
winwhatwhere.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. WINWHATWHERE.COM DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND THAT NOT ALL OFFERS LISTED AT WINWHATWHERE.COM ARE NOT THE
PROPERTY OF WINWHATWHERE.COM. FURTHERMORE, YOU AGREE TO READ AND ACCEPT THE
TERMS AND CONDITIONS OF OFFERS BEFORE ACCEPTING AN OFFER OR SENDING PERSONAL
INFORMATION THROUGH AN APPLICATION OUTSIDE OF WINWHATWHERE.COM'S WEBSITE.
DATA IS CONSTANTLY UPDATED AS RATES AND FEES CHANGE. YOU AGREE TO VERIFY THIS
INFORMATION FOR ANY OFFER YOU ARE CONSIDERING APPLYING FOR BEFORE SENDING
PERSONAL INFORMATION ON THE FORM AT THE RELEVANT WEBSITE.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. WINWHATWHERE.COM HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
YOU AGREE THAT CARD RATINGS ARE USED SOLELY FOR THE PURPOSE OF PERSONAL DATA.
YOU AGREE TO VIEW THESE RATINGS WITH DISCRETION AND WILL NOTE THAT THE TEXT
SUPPLIED ON THESE RATINGS ARE NOT OPINIONS OF WINWHATWHERE.COM
LIMITATION OF LIABILITY
IN NO EVENT WILL WINWHATWHERE.COM BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, HARDSHIP, FEES, INTEREST RATES, CORRECT CREDIT CARD MATCHING,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. THE FREE PROGRAM PROVIDED BY
WINWHATWHERE.COM (SCORE MATCH) IS NOT EXEMPT FROM THIS AGREEMENT.
FURTHERMORE, WINWHATWHERE.COM DOES NOT WARRANTY LIABILITY AGAINST THE USE
OF CREDIT CARD MATCHES UNDER THIS SYSTEM. THE USER UNDERSTANDS THAT
WINWHATWHERE.COM MATCHES CREDIT CARDS BASED SOLELY ON ITS STAFF'S KNOWLEDGE
FOR MATCHING APPROPRIATE CARDS FOR SPECIFIC SCORES. USE OF THIS SYSTEM IS AT THE
USER'S OWN RISK BY ALLOWING WINWHATWHERE.COM TO ONLY SUGGEST CARDS THAT ARE
MORE LIKELY TO BE APPROVED FOR A CERTAIN CREDIT SCORE AND INSTITUTES NO
LIABILITIES, INCLUDING, BUT NOT LIMITED TO THE POSSIBILITY OF LOWER INTEREST
RATES, FEES, REWARDS, AND INCENTIVES FROM OTHER CREDIT CARD ISSUERS.
EVEN IF WINWHATWHERE.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, winwhatwhere.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Winwhatwhere.com makes no representations whatsoever about any other web
site which you may access through this one or which may link to this site. When
you access a non-winwhatwhere.com web site, please understand that it is
independent from winwhatwhere.com, and that winwhatwhere.com has no
control over the content on that web site, including but not limited to: fees,
interest rates, terms and conditions or other material. In addition, a link to a
winwhatwhere.com web site does not mean that winwhatwhere.com endorses
or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless winwhatwhere.com, its
officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of winwhatwhere.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws
of The United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal action or
proceeding between winwhatwhere.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. winwhatwhere.com's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. winwhatwhere.com may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.