Winger

Terms of Service

OVERVIEW

This website is operated by Winger Trading, Inc. (hereinafter referred to as “we”, “us”, “our” or “Winger Trading”). Winger Trading offers this website, including all information, tools, and Services (as defined below) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website as, by accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions listed herein, then you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our site without notice to you. It is your responsibility to check this page periodically for changes and your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – USE OF THE SITE

Except as expressly stated herein, you acknowledge that you have no right, title, or interest in or to the information, data, text, photographs, images, graphics, messages, tags, or any other materials (collectively, the “Contents”) contained within the site on any legal basis.

Winger Trading grants you the limited right to use our Services for your personal, non-commercial use only pursuant to these Terms. Written consent by Winger Trading, at its sole and absolute discretion, must be obtained prior to using the site and/or Services for any commercial purpose. You agree not to make any unauthorized commercial use of this Site and/or the Services.

A breach or violation of these Terms will result in an immediate termination, without notice to you, of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, use of the Services, or access to the Services, or any contact on the website through which the Services are provided, without express written permission by us.

Winger Trading reserves the right to terminate its relationship with you under the terms herein and prohibit your access to the Site and/or the Services or to edit, remove, or close any submission for any reason, including, without limitation, any action that Winger Trading, in its sole and absolute discretion, determines to be inappropriate or disruptive to the Site, the Services or to any user.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 5 – THIRD-PARTY LINKS

Certain content and Services may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us, and we are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the policies and practices of any such third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 6 – PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy, which can also be found on our website.

SECTION 7 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Services that contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time, if any information in the Services or on any related website is inaccurate, without prior notice.

We undertake no obligation to update, amend, or clarify information in the Services or on any related website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 8 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:

  • (a) for any unlawful purpose;
  • (b) to solicit others to perform or participate in any unlawful acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) to submit false or misleading information;
  • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
  • (h) to collect or track the personal information of others;
  • (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • (j) for any obscene or immoral purpose; or
  • (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time, or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services delivered to you through the site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Winger Trading, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In such states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall instead be limited to the maximum extent permitted by law.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Winger Trading and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 11 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. However, the obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate them at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or may deny you access to our Services (or any part thereof).

SECTION 13 – ENTIRE AGREEMENT

These Terms and any other policies or operating rules posted by us on this site or with respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 14 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California and the United States, as applicable, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts in the State of California. Any cause of action by you with respect to our site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

SECTION 15 – CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 16 – INTELLECTUAL PROPERTY

Our site contains our service marks and trademarks, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our site does not constitute any right or license for you to use such service marks and trademarks without the prior written permission of the corresponding service mark and/or trademark owner. Our site is also protected under international copyright laws, and the copying, redistribution, use, or publication by you of any portion of our site is strictly prohibited. Your use of our site does not grant you ownership rights of any kind in our site.

SECTION 17 – CONTACT INFORMATION

Questions about these Terms should be sent to cs@wingertrading.com.

Last updated: 6/26/2023