Terms & Conditions Policy
Terms and Conditions
Action Works LLC
PO Box 2291
Appleton, WI 54912
Effective Date: 10/10/2017
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.windingbars.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to Action Works LLC, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Action Works LLC, owner of Windingbars.com website.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
We reserve the right to refuse service to anyone for any reason at any time.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Action Works LLC and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Action Works LLC grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Action Works LLC.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Action Works LLC.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Action Works LLC reserves the right at our sole discretion to change any content, product offerings, software, and other items used or contained in our Website or Services at any time without notice. Prices for our products may change at any time without notice.
By using this website and or making a purchase, user agrees as follows:
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Action Works LLC has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Action Works LLC. Action Works LLC does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided.
You hereby acknowledge that nothing contained in our Website will constitute legal, and/or other professional advice and that no professional relationship of any kind is created between you and Action Works LLC. You hereby agree that you will not make any legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
By purchasing or using any of our products or services, user agrees to and is knowingly assuming any and all risk associated with using these products or services. The seller is not responsible for compliance with any applicable laws and regulations relating to the operation, installation or use of the products, which shall be the sole responsibility of the user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED "AS IS" AND WITH ALL FAULTS AND ACTION WORKS LLC MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ACTION WORKS LLC SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACTION WORKS LLC OR ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER'S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF ACTION WORKS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Action Works LLC is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Users of our Website, or by Action Works LLC. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services.
Action Works LLC is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Action Works LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of User communications.
Action Works LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Users’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Action Works LLC be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of the Products, Services or Information on our Website, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
Limitation of Liability
NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ACTION WORKS LLC AND ANY OF ITS SUPPLIERS OR AFFILIATES UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You grant Action Works LLC a license to use general or product related information and materials you provide to us through our Website, e-mail, postal mail or otherwise. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“User Content”) to our Website, e-mail, postal mail or otherwise, you are granting Action Works LLC, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the User Content in connection with the operation of the business of Action Works LLC, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat User Content. You understand and agree that you will not be compensated for any User Content. By providing User Content to our Website, e-mail, postal mail or otherwise, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Shipment, Delivery and Returns:
All shipments shall be made, and title and risk of loss shall pass, F.O.B. Seller’s shipping point. Although Seller will use commercially reasonable efforts to maintain the delivery date(s) acknowledged or quoted by Seller, time is not of the essence and all shipping dates are approximate and not guaranteed. Seller shall not be liable for loss, damage, detention or delay, and shall not be deemed in default, due to acts of God, acts of Buyer, acts of governmental authorities, acts of third parties, unforeseen circumstances, or any other events or causes beyond Seller’s reasonable control (each, a “Force Majeure”). Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller or Buyer upon written notice in the event that the Force Majeure continues beyond sixty (60) days. Buyer agrees to examine and inspect the products at once upon arrival at their destination, and Buyer shall promptly give detailed written notice of any request to return to Seller. Products may not be returned by Buyer without the prior written consent of Seller, which may include additional terms if granted.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Appleton, Wisconsin and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Appleton, Wisconsin necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Appleton, Wisconsin, and will be governed by and construed in accordance with the laws of the state of Wisconsin without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Products or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
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