This Site is copyrighted work. Certain features of the Site may be
subject to additional guidelines, terms, or conditions that will be
posted on the Site in connection with such features. All such
additional terms, guidelines, and policies are incorporated by
reference into these Terms of Use.
These Terms of Use describe the legally binding terms and conditions
that oversee your use of the Site. By logging on to the Site, YOU
AGREE to these Terms and Conditions and represent that you are
authorized and able to enter into these Terms and Conditions. YOU
SHOULD BE AT LEAST 18 YEARS OLD TO ACCESS THE SITE. IF YOU DO NOT
AGREE WITH ALL PROVISIONS OF THESE TERMS AND CONDITIONS, DO NOT LOG
ON AND/OR USE THE SITE. These Terms require the use of Section 10.2
arbitration on an individual basis to resolve disputes and limit the
remedies available to you in the event of a dispute. These terms and
conditions were created using the Terms of Use Generator.
Access to the Service
Subject to these Terms and Conditions. Company grants you a
non-transferable, non-exclusive, revocable, limited license to
access the Site solely for your personal, non-commercial use.
Certain Restrictions. The rights granted to you in these Terms are
subject to the following restrictions: (a) you may not sell, rent,
lease, transfer, assign, distribute, host or otherwise use the Site
for commercial purposes; (b) you may not alter, create derivative
works of, disassemble, reverse compile or reverse engineer any
portion of the Site; (c) you may not access the Site to build a
similar or competing website; and (d) except as expressly provided
herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means, unless otherwise indicated, any future
versions, updates or other additions to the functionality of the
Site are subject to these Terms. All copyright and other proprietary
notices on the Site must be retained on all copies of the Site.
The Company reserves the right to change, suspend or discontinue the
Site with or without notice to you. You agree that the Company will
not be liable to you or any third party for any change, interruption
or termination of the Site or any part thereof. Lack of support and
maintenance. You agree that the Company will have no obligation to
provide you with any support in connection with the Site. Excluding
any User Content that may be provided by you, you are aware that all
intellectual property rights, including copyrights, patents,
trademarks and trade secrets, in the Site and its content are owned
by Company or Company's suppliers. Please note that these Terms and
Conditions and access to the Site do not grant you any right, title
or interest in or to any intellectual property rights, except for
the limited access rights expressed in Section 2.1. The Company and
its suppliers reserve all rights not granted in these Terms and
Conditions. Third party links and advertisements; other users
Third Party Links and Advertisements. The Site may contain links to
third-party websites and services and/or display third-party
advertisements. Such third-party links and advertisements are not
under the control of the Company, and the Company is not responsible
for third-party links and advertisements. The Company provides
access to these third-party links and advertisements only as a
convenience to you and does not review, approve, monitor, endorse,
warrant or make any representations with respect to the third-party
links and advertisements. Your use of third-party links and
advertisements is at your own risk and you should exercise an
appropriate level of care and discretion. Once you click on
third-party links and advertisements, the terms and policies of the
third parties, including the privacy and data collection practices
of the third parties, apply. Other Users. Each user of the Site is
solely responsible for all of his or her own User Content. Because
we do not control User Content, you acknowledge and agree that we
are not responsible for any User Content, whether provided by you or
by others. You agree that the Company shall not be liable for any
loss or damage incurred as a result of such interactions. If a
dispute arises between you and any user of the Site, we have no
obligation to become involved. You hereby release and forever
discharge the Company and its officers, employees, agents,
successors and assigns from, and hereby waive, any and all past,
present and future dispute, claim, controversy, demand, right, duty,
obligation, liability, action and cause of action of every kind and
nature that arises or arises directly or indirectly out of, or that
relates directly or indirectly to, the Site.
Cookies and Web Beacons. Like any other website, Polskawinner uses
"cookies." These cookies are used to store information, including
visitor preferences and the pages on the website that the visitor
has accessed or visited. This information is used to optimize the
user experience by customizing the content of our website based on
the visitor's browser type and/or other information.
Disclaimer The website is provided on an "as is" and "as available"
basis, and we and our suppliers expressly disclaim all warranties
and conditions of any kind, whether express, implied or statutory,
including any warranties or conditions of merchantability, fitness
for a particular purpose, title, quiet enjoyment, accuracy or
non-infringement. We and our suppliers do not warrant that the Site
will meet your requirements, be uninterrupted, timely, secure or
error-free, or be accurate, reliable, free of viruses or other
harmful code, complete, legal or secure. If applicable law requires
a warranty with respect to the Site, all such warranties are limited
in time to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. Some jurisdictions do
not allow limitations on the duration of implied warranties, so the
above limitation may not apply to you.
Limitation of Liability To the maximum extent permitted by law, in
no event shall the company or its suppliers be liable to you or any
third party for any lost profits, lost data, costs of acquiring
substitute products, or any indirect, consequential, exemplary,
incidental, special or punitive damages arising out of or relating
to these terms and conditions or your use of or inability to use the
site, even if the company has been advised of the possibility of
such damages. Your access to and use of the site is at your own
discretion and risk, and you are solely responsible for any damage
to your device or computer system, or loss of data resulting
therefrom.
To the maximum extent permitted by law, notwithstanding anything to
the contrary contained herein, our liability to you for any damages
arising out of or in connection with this agreement shall at all
times be limited to a maximum of fifty U.S. dollars (u.s. $50). The
existence of more than one claim will not increase this limit. You
agree that our suppliers will not incur any liability arising out of
or related to this agreement.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms shall
remain in full force and effect during your use of the Site. We may
suspend or terminate your right to use the Site at any time for any
reason at our sole discretion, including for using the Site in
violation of these Terms. Upon termination of your rights under
these Terms, your Account and your right to access and use the Site
will be terminated immediately. You understand that any termination
of your Account may involve the removal of User Content associated
with your Account from our databases. The Company will have no
liability to you in connection with the termination of your rights
under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in
effect: Sections 2 through 2.5, Section 3, and Sections 4 through
10.
Copyright Policy.
The Company respects the intellectual property of others and asks
our Site users to do the same. In connection with our Site, we have
adopted and implemented a copyright policy that provides for the
removal of any infringing material and the termination of
cooperation with users of our Site online who repeatedly violate
intellectual property rights, including copyrights. If you believe
that one of our users, through use of our Site, is unlawfully
infringing the copyright of a work and you wish to remove the
allegedly infringing material, the following information in the form
of a written notice (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated copyright agent: General
These Terms are subject to occasional changes, and if we make
material changes, we may notify you by sending an email to the last
email address you provided and/or by posting notice of the changes
in a prominent place on our Site. You are responsible for providing
us with your most current email address. In the event that the last
email address you provided is not current, our sending of an email
containing such notice will nevertheless constitute effective notice
of the changes described in the notice. Any changes to these Terms
will be effective at the earliest thirty (30) calendar days after we
send you an email notice or thirty (30) calendar days after we post
notice of the changes on our Site. These changes will be effective
immediately for new users of our Site. Your continued use of our
Site after notification of such changes will constitute your
acknowledgement of such changes and your agreement to be bound by
the terms of such changes. Dispute Resolution. Please read this
Arbitration Agreement carefully.
It is part of the contract with the Company and affects your rights.
It contains procedures for OBLIGATORY ARBITRATION and waiver of
class action rights.
Application of the Arbitration Agreement. All claims and disputes
relating to the Terms or the use of any product or service provided
by the Company that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual
basis in accordance with the terms of this Arbitration Agreement.
Unless otherwise agreed, all arbitration proceedings will be
conducted in English. This Arbitration Agreement applies to you and
the Company, as well as to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors and assigns, and to
all authorized or unauthorized users or beneficiaries of the
services or goods provided under the Terms.
Notice requirement and informal dispute resolution. Before either
party can seek arbitration, it must first send the other party a
written Notice of Dispute describing the nature and basis of the
claim or dispute and the relief sought. The Notice to the Company
should be posted. Upon receipt of the Notice, you and the Company
may attempt to resolve the claim or dispute informally. If you and
the Company do not resolve the claim or dispute within thirty (30)
days of receipt of the Notice, either party may commence
arbitration. The amount of any settlement offer made by either party
may not be disclosed to the arbitrator until the arbitrator
determines the amount of the award to which either party is
entitled.
Arbitration Rules. Arbitration shall commence through the American
Arbitration Association, a recognized alternative dispute resolution
provider that offers arbitration in accordance with this section. If
the AAA is not available to conduct arbitration, the parties will
agree to select an alternative ADR Provider. The ADR Provider's
rules will govern all aspects of arbitration, except to the extent
that the rules conflict with the Terms. AAA's Consumer Arbitration
Rules governing the arbitration are available online at adr.org or
by calling AAA at 1-800-778-7879. The arbitration will be conducted
by a single, neutral arbitrator. Any claim or dispute in which the
total amount of the award sought is less than ten thousand U.S.
dollars ($10,000.00) may be settled by binding arbitration without
an appearance, at the discretion of the party seeking relief. For
claims or disputes in which the total amount of compensation sought
is ten thousand thousand United States dollars (US $10,000.00) or
more, the right to a hearing will be determined by the Arbitration
Rules. Any hearing will be held at a location within a 100-mile
radius of your residence, unless you reside outside the United
States and unless the parties agree otherwise. If you reside outside
the United States, the arbitrator will notify the parties of the
date, time and place of the hearing. Judgment on the award rendered
by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator awards the Distributor an award that
is greater than the last settlement offer that the Company made to
the Distributor prior to the arbitration, the Company will pay the
Distributor the greater of the award or $2,500.00. Each party will
bear its own costs and expenses arising from the arbitration and
will pay an equal share of the ADR Provider's fees and costs.
Additional rules for non-appearance arbitration. If you elect to
arbitrate without an appearance, the arbitration will be conducted
by telephone, online, and/or by written submissions only; the
specific method will be selected by the party initiating the
arbitration. The arbitration will not involve the personal
appearance of the parties or witnesses, unless otherwise agreed by
the parties. Waiver of trial by jury. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND TRIAL BEFORE
A JUDGE OR COURT, electing instead that all claims and disputes
shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are generally more limited, more efficient
and less expensive than court rules and are subject to very limited
court review. In the event that any dispute arises between you and
the Company in a state or federal court to invalidate or enforce an
arbitration award or otherwise, YOU AND THE COMPANY WILL DISMISS ALL
RIGHT TO JUDGE, electing instead to have the dispute resolved by a
judge.
Waiver of class or consolidated lawsuits. All claims and disputes
under this arbitration agreement must be resolved individually and
not as a class, and the claims of more than one customer or user may
not be arbitrated or litigated jointly or consolidated with the
claims of another customer or user.
Confidentiality. All aspects of the arbitration proceedings are
strictly confidential. The parties agree to maintain confidentiality
unless otherwise required by law. This paragraph shall not prevent a
party from presenting to a court information necessary to enforce
this Agreement, enforce an arbitration award, or seek injunctive or
equitable relief.
Severability. If any portion or portions of this Arbitration
Agreement are found by a court of competent jurisdiction to be
invalid or unenforceable, such specific portion or portions shall be
null and void and severed, and the remainder of the Agreement shall
continue in full force and effect.
Right of Waiver. The party against whom a claim is asserted may
waive any and all rights and limitations set forth in this
Arbitration Agreement. Such waiver shall not waive or affect any
other part of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of the relationship with Company.
Small Claims Court. However, notwithstanding the foregoing, either
the Customer or the Company may bring an individual action in small
claims court.
Extraordinary equitable relief. Notwithstanding the foregoing,
either party may seek extraordinary equitable relief in state or
federal court to maintain the status quo pending arbitration. A
request for extraordinary remedies shall not constitute a waiver of
any other rights or obligations under this Arbitration Agreement.
Claims not subject to arbitration. Notwithstanding the foregoing,
claims for defamation, violation of the Computer Fraud and Abuse
Act, and infringement or misappropriation of the other party's
patent, copyright, trademark or trade secret are not subject to this
Arbitration Agreement.
Electronic Communications. Communications between you and Company
are made by electronic means, whether you use the Site, send e-mails
to us, or Company posts notices on the Site or communicates with you
via e-mail. For contractual purposes, you (a) agree to receive
communications from the Company in electronic form; and (b) agree
that all terms and conditions, agreements, notices, disclosures and
other communications that the Company provides to you in electronic
form satisfy any legal obligations that they would satisfy if such
communications were in writing.
Entire Terms and Conditions. These Terms constitute the entire
agreement between you and us with respect to your use of the Site.
Our failure to exercise or enforce any right or provision of these
Terms will not constitute a waiver of that right or provision. The
section titles in these Terms are for convenience only and have no
legal or contractual effect. The word "including" means "including
without limitation". If any provision of these Terms is found to be
invalid or unenforceable, the remaining provisions of these Terms
will remain unaffected, and the invalid or unenforceable provision
will be deemed modified to be valid and enforceable to the maximum
extent permitted by law. Your relationship with the Company is that
of an independent contractor, and neither party is an agent or
partner of the other. These Terms and Conditions, and your rights
and obligations contained herein, may not be assigned, delegated,
transferred or otherwise transferred by you without the Company's
prior written consent, and any attempted assignment, delegation,
transfer or transfer in violation of the foregoing will be void. The
Company may freely assign these Terms and Conditions. The terms and
conditions set forth in these Terms and Conditions will be binding
on the assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/trademark information. Copyright ©. All rights reserved.
All trademarks, logos and service marks displayed on the Site are
our property or the property of other third parties. You may not use
these marks without our prior written consent or the consent of such
third party who may own the marks.
Contact Information: [email protected]