Conditions of Use
Last Updated February 2016
By using this website, you signify your agreement to the following conditions
of use (“Conditions of Use”). Please read these Conditions
of Use carefully before using this website. The following terms and conditions
apply to your use of our website, and any information that we may access
through social media platforms such as Facebook, which is owned and operated
by us. Winmark Corporation (“Winmark”) may at any time revise
these Conditions of Use by updating this posting. You are bound by any
such revisions and should therefore periodically visit this page to review
the then current Conditions of Use to which you are bound.
not use or access the website.
Disclaimer of Warranties
THE MATERIALS ON
www.winmarkfranchises.com ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WINMARK DOES NOT WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WINMARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR INFORMATION
ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OTHER WEBSITES CAN BE ACCESSED THROUGH THIS HOME PAGE (“THIRD PARTY
WEBSITE”). SUCH THIRD PARTY WEBSITES ARE EXTERNAL INTERNET ADDRESSES
AND MAY OFFER PRODUCTS OR SERVICES OF ORGANIZATIONS INDEPENDENT OF WINMARK.
WINMARK DOES NOT ENDORSE, APPROVE OR CERTIFY ANY INFORMATION, PRODUCT
OR SERVICE REFERENCED OR PROVIDED AT SUCH THIRD PARTY WEBSITES. TO THE
FULLEST EXTENT PERMITTED BY LAW, WINMARK DISCLAIMS ANY WARRANTIES FOR
SERVICES OR PRODUCTS OFFERED OR SOLD ON ANY THIRD PARTY WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THIS OR ANY THIRD PARTY WEBSITE IS AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Winmark disclaims any responsibility for the content of any third party
materials provided through or on the
www.winmarkfranchises.com Internet site. Winmark desires to respect all copyrights and to respond
accordingly when notified of the infringement of those rights. Therefore,
and in compliance with 17 U.S.C. § 512, if you believe that any such
third party materials infringe your intellectual property rights, please
contact the following agent to request a review of the alleged infringement:
Winmark Corporation, Attn: Legal Department, 605 Highway 169 N, Suite
400, Minneapolis, MN 55441.
All materials incorporated in or accessible through this site, including,
without limitation, text, photographs, images, graphics, illustrations,
logos, button icons, audio clips, video clips, software, and other content,
and the compilation, collection, arrangement, and assembly thereof (including
the look and feel of this site), are protected by United States and international
copyright laws, and are owned or controlled by Winmark or by the original
creators of such materials or their respective assignees. Such materials
may be used as a resource for purchasing the products offered through
this site. Any other use of such materials, including any copying, reproduction,
modification, sale, distribution, transmission, republication, downloading,
display, posting, performance, or other exploitation thereof by any means
or medium without the prior written permission of Winmark or other copyright
owner is strictly prohibited. In the event of any permitted use of such
materials, including, without limitation, any copying, reproduction, distribution,
republication, downloading, or display thereof, you will make no changes
in or deletion of author attribution, trademark legend, or copyright notice.
No right, title, or interest in any such materials will be granted or
transferred to you as a result of any permitted use of such materials.
Although this site is accessible worldwide, not all products or services
discussed or referenced herein are available to all persons or in all
Limitation of Liability
NEITHER WINMARK NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT
OR OMISSION, EVEN IF WINMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS
WEBSITE OR THIRD PARTY WEBSITES. SUCH LIMITATION SHALL APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
WINMARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION EXCEED THE AMOUNT PAID BY YOU TO WINMARK FOR PRODUCTS SOLD OR
SERVICES RENDERED. WINMARK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE
LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN
THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES,
VIDEO, OR AUDIO FROM THIS WEBSITE.
You assume total responsibility and risk for your use of this website and
any Third Party Website accessed through this website. Your sole remedy
for dissatisfaction with this site or any products or services offered
through this site or any Third Party Website accessed through this website
is to stop using this website or such products or services.
Restrictions on Use of Materials
This website is owned and operated by Winmark Corporation. Permission is
granted to display and navigate around this website with a computer using
HTML browser software, solely for personal, non-commercial use. Any commercial
or public use of this website or any portion hereof is strictly prohibited.
Except as otherwise permitted by Winmark, no materials from
www.winmarkfranchises.com or any website owned, operated, licensed or controlled by Winmark may
be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way. You may download material displayed on this website
for non-commercial, personal use only provided you also retain all copyright
and other proprietary notices contained on the materials. You may not
distribute, modify, transmit, reuse, repost, or use the content of this
website for public or commercial purposes, including the text, images,
audio, and video, without Winmark’s written permission. Winmark
neither warrants nor represents that your use of materials displayed on
this website will not infringe rights of third parties not owned by or
affiliated with Winmark.
This website is controlled and operated by Winmark from its offices within
the State of Minnesota, United States of America. Winmark makes no representation
that materials on
www.winmarkfranchises.com are appropriate or available for use in other locations. Those who choose
to access this website from other locations do so on their own initiative
and are responsible for compliance with local laws.
Trademarks/Service Marks and Copyrights
Trademarks/Service Marks and Copyrighted Images displayed on this website
are either the property of, or used with permission by, Winmark. The use
of these trademark/service marks and copyrighted images by you, or anyone
else authorized by you, is prohibited unless specifically permitted herein.
Any unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations
All trademarks, service marks, trade names, logos, and icons used by Winmark
are proprietary to Winmark. Nothing contained on this website should be
construed as granting, by implication, estoppel, or otherwise, any license
or right to use any trademark or service mark displayed on this website
without the written permission of Winmark or such third party that may
own the trademarks or service marks displayed on this website. Your use
of the trademarks or service marks displayed on this website, or any other
content on this website, except as provided herein, is strictly prohibited.
We are very protective of our Winmark® trademark and other trademarks
and service marks owned by Winmark. If they have not been registered with
the United States Patent and Trademark Office, then we have applications
pending. All use of these marks must be with our permission. We will file
appropriate legal actions to enjoin the unauthorized use of these marks.
Under the law, we would be entitled to collect your profits, our actual
damages and, perhaps, even our attorney fees.
Inquiries concerning use of Winmark’s trademarks, service marks,
trade names, logos, icons, copyrights or other intellectual property should
be addressed to Winmark Corporation, Attn: Legal Department, 605 Highway
169 N, Suite 400, Minneapolis, MN 55441.
Links to Other Websites and Connecting through Social Media
The website may contain hyperlinks to websites operated by third parties.
We do not control such websites and will not be responsible for their
content or for any breach of contract or any intentional or negligent
action on the part of such third parties, which results in any loss, damage,
delay or injury to you or your companions. Inclusion of any linked website
does not imply or constitute approval or endorsement of the linked website
by us. If you decide to leave the website to access these third-party
sites, you do so at your own risk. All rules, policies (including privacy
policies) and operating procedures of websites operated by third parties
will apply to you while on such sites. We are not responsible for information
provided by you to third parties.
Visiting the website or sending emails to us constitutes electronic communications.
You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide
to you electronically, via email and on the website, satisfy any legal
requirement that such communications be in writing. To opt out of receiving
marketing emails from us follow the “unsubscribe” link on
the email to change your preferences.
Any communications or material you transmit to this website by electronic
mail or otherwise, including data, questions, comments, or suggestions,
will be treated as nonconfidential and nonproprietary and will become
the property of Winmark or its affiliates. Such communications or material
shall be used for any purpose including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
Winmark is free to use any ideas, concepts, know-how, or techniques contained
in any communication you send to this website for any purpose whatsoever
including, but not limited to, developing and marketing products using
Indemnity and Release
www.winmarkfranchises.com you agree to indemnify Winmark and its subsidiaries, affiliates, officers,
directors and employees and hold them harmless from any and all claims
and expenses, including attorneys’ fees, arising from your use of
www.winmarkfranchises.com. By using
www.winmarkfranchises.com you are hereby agreeing to release Winmark and its subsidiaries, affiliates,
officers, directors and employees from any and all claims, demands, debts,
obligations, damages (actual or consequential), costs and expenses of
any kind or nature whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against them
arising out of or in any way related to such disputes and/or to the products
Under no circumstances shall Winmark be held liable for any delay or failure
in performance resulting directly or indirectly from acts of nature, forces,
or causes beyond its reasonable control, including, without limitation,
internet failures, computer equipment failures, telecommunications equipment
failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals,
nonperformance of third parties, or loss or fluctuations in heat, light
or air conditioning.
Choice of Law and Forum
These terms and conditions of use shall be governed by and construed in
accordance with the laws of the State of Minnesota, United States of America,
excluding its conflicts of law rules. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these
terms and conditions of use of this website shall be filed only in the
state or federal courts located in the State of Minnesota, and you further
agree and submit to the exercise of personal jurisdiction of such courts
for the purposes of litigating such claim or action.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire
agreement between you and Winmark with respect to this website and supersedes
all prior or contemporaneous communications and proposals (whether oral,
written or electronic) between you and Winmark with respect to this website.
If any part of these terms and conditions of use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the
parties and the remaining portion shall remain in full force and effect.
You agree that Winmark, in its sole discretion, may terminate your password
(if any) or use of the website, for any reason, including, without limitation,
if Winmark believes that you have violated the Conditions of Use. Winmark
may at any time without notice discontinue this website or any part of
it. You agree that any termination of your access to the website may be
effected without prior notice. Further, you agree that Winmark will not
be liable to you or any third party for any termination of your access
to this website.
You may contact us at (866) 595-0053