Terms & Conditions

These terms are effective as of May 01, 2018.

Please read carefully! These Terms of Use set forth important details about your relationship with Wynnr, including the rights you grant to Wynnr, restrictions on how you can use this web site, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This web site or mobile application ("Wynnr") is owned and operated by Wynnr Clothing, LLC. By accessing, using, registering for, or purchasing merchandise from the Wynnr, you agree to be bound by these terms of use (the "Terms"). All visitors to and users of any aspects of the Wynnr (collectively, "Users") are bound by these Terms. Wynnr reserve the right to modify the Terms at any time without prior notice to you, and therefore, Wynnr recommends that you read these Terms carefully each time you use the Wynnr Site. By signing in or registering to use the Wynnr Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Wynnr Site.

Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with Wynnr may vary from these Terms. If a Wynnr affiliate has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the affiliate site's terms shall control in the event of a conflict with these Terms. Except in the event of a conflict, as described in this paragraph, these Terms apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the Wynnr Site.

Eligibility

The Wynnr Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Wynnr Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Wynnr Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Wynnr Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.

Privacy

Wynnr believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Changes to the Wynnr Site

You agree and understand that the Wynnr Site, including any and all features available via the Wynnr Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Wynnr Site implemented after your initial access to the Wynnr Site shall be subject to these Terms.

We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Wynnr Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content").

Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the Wynnr Site.

Registration

In order to access some features of the Wynnr Site, you may be required to register and to select a password and username, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the Wynnr Site.

Security

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Wynnr Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Wynnr Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the Wynnr Site/License/Services

Wynnr grants you a limited license to make personal use of the Wynnr Site. This license grant does not include: (a) any resale or commercial use of the Wynnr Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Wynnr Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Wynnr Site. Except as noted above, Users of the Wynnr Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Wynnr or any third party.

You may not use, frame or utilize framing techniques to enclose any Wynnr trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Wynnr' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Wynnr name, trademark, or product name without Wynnr' express written consent.

Any unauthorized use of the Wynnr Site will terminate the permission or license granted by these Terms and may violate copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Permitted uses of the Wynnr Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Wynnr Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Wynnr Site for personal use, not for resale. You may also invite people you know to join the Wynnr Site. You acknowledge and agree that we do not control the User Content posted to the Wynnr Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Wynnr Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Wynnr. You understand that, by using the Wynnr Site, you may be exposed to User Content that is offensive, indecent or objectionable.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Wynnr Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Wynnr Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Wynnr Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the Wynnr Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the Wynnr Site;
  • submit to the Wynnr Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Wynnr Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Wynnr Site, any other Web site, or any computer or other device or system, or the enjoyment of the Wynnr Site by any User;
  • use the Wynnr Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Wynnr Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Wynnr Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Wynnr Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Wynnr Site or the IT infrastructure used to operate and make the Wynnr Site available;
  • use the Wynnr Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

User Content Posted on the Wynnr Site

Subject to the following restrictions, registered Users may post, upload or transmit User Content on the Wynnr Site. Without limiting the generality of any other provisions of these Terms, you agree:

  • You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content, including User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
  • You are solely responsible for any User Content you post, publish or display on the Wynnr Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Wynnr Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
  • You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Wynnr Site any User Content that is false, inaccurate, misleading or fraudulent.
  • If you are employed by Wynnr or if you have received or will receive any compensation or consideration from Wynnr, including but not limited to product samples, directly or indirectly in exchange for any opinion, endorsement, review or critique that you post, upload or transmit on the Wynnr Site, you must clearly and conspicuously disclose the nature of your connection to Wynnr.
  • By uploading User Content to the Wynnr Site, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant: (i) Wynnr, its Affiliates, our respective contractors, and our business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You further represent and warrant that you did not work with parties in conjunction with your User Content who are: a) represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to display your User Content in any media form; b) subject to an acting or modeling contract that would make your/their appearance in the User Content a violation of any third-party rights; or c) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent us from being able to use the User Content worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations. You hereby irrevocably waive and assign to us any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the Wynnr Site.You understand that Wynnr may be working on the same or a similar idea or concept to any ideas, expression of ideas or other materials you submit within your User Content, or that Wynnr may already know of such an idea or concept from other sources, or that Wynnr may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action.
  • You understand that Wynnr may be working on the same or a similar idea or concept to any ideas, expression of ideas or other materials you submit within your User Content, or that Wynnr may already know of such an idea or concept from other sources, or that Wynnr may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action.
  • In return for your access to and use of the Wynnr Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any User Content you submit on the Wynnr Site:
  • To the best of your knowledge, the User Content represents your own original work, you have all necessary rights to disclose the User Content to Wynnr and in doing so Wynnr' use of the User Content will not infringe upon any other individual's or entity's rights.
  • You understand that disclosure of your User Content to Wynnr does not establish a confidential relationship or obligate Wynnr to treat the User Content (or any related materials) as secret or confidential.
  • You understand that Wynnr has no obligation, either express or implied, to develop or use your User Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of User Content, or other content derived from your User Content. You understand that Wynnr assumes no obligation with respect to any User Content. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.
  • If your User Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Sears.
  • The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Wynnr Site. You may not post any User Content that:
  • is patently offensive to Users, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person or User;
  • promotes illegal activities or conduct that is abusive;
  • is threatening, obscene, defamatory or libelous;
  • is pornographic or sexually explicit in nature; or
  • seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
  • Wynnr retains the right to remove any User Content from its websites that in Wynnr' sole discretion violates any of the restrictions or guidelines defined in these Terms.

Copyrights

If you believe any User Content or any other aspect of the Wynnr Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:A description of the copyrighted work that you claim has been infringed;

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Wynnr Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Wynnr Site may be reached at the following address:

Copyright Agent
Wynnr
323 Washington Ave N.
Suite 200
Minneapolis, MN 55401

Or by email: hello@wynnr.com

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Hennepin County, Minnesota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Wynnr may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wynnr' sole discretion.

Ownership

As between you and us, the Wynnr Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Wynnr Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Wynnr Site are the proprietary property of Wynnr or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Wynnr Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Wynnr Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Wynnr.

Placing an Order

The risk of loss and title for all merchandise ordered on the Wynnr Site passes to you when the merchandise is delivered to the shipping carrier. Wynnr reserves the right to change its payment procedures at any time without prior notice to you.

Wynnr charges sales tax for merchandise ordered on the Wynnr Site based on the applicable state sales tax rate of the location to which the order is being shipped. Some products offered through the Wynnr Site.

To properly serve all customers, Wynnr reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. Wynnr further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the Wynnr site is expressly prohibited. Wynnr reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.

Wynnr may display advertising prints for products sold through a Wynnr Site. Wynnr attempts to display the colors of the products shown on the Wynnr Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Pricing errors may occur on the Wynnr Site from time to time, on items sold by Wynnr. Wynnr attempts to correct all pricing errors as soon as they are discovered, or as soon as Wynnr receives notice of an error. Wynnr reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Wynnr. Any payments you make to Wynnr for orders that are cancelled due to pricing errors will be refunded.

Returns and Cancellations

Orders you submit online may be cancelled until they are processed. Orders with a status of "Processing" may not be cancelled, and you must wait until your receive the merchandise in order to return it. All returns of merchandise are subject to the Wynnr Return Policy.

Changes to Terms

We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Wynnr Site after any modifications indicates your acceptance of the modified Terms.

Confidential Arbitration

You agree that by entering into these Terms, you and Wynnr are each waiving the right to go to court to assert or defend your rights under these Terms and the ability to participate in a class action.

ALL DISPUTES BETWEEN YOU AND Wynnr RELATING IN ANY WAY TO THE Wynnr SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE Wynnr SITE, Wynnr’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES Wynnr SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE Wynnr SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.

Any User who intends to seek arbitration must first send to Wynnr, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 323 Washington Ave N., Suite 200, Minneapolis, MN 55401, Attn: Arbitration Intake and copied to Wynnr, 323 Washington Ave N., Suite 200, Minneapolis, MN 55401, Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. No arbitration brought under, or with respect to, the Wynnr (including, without limitation, any Wynnr advertisement or disclosure, any email or mobile SMS (text) message that Wynnr sends to you, the collection or use of any information about you in connection with the Wynnr Site), these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Wynnr and you agree otherwise, the arbitrator may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims you assert against Wynnr in accordance with this section (but not for any arbitration claim against you) Wynnr will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Wynnr will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims during the arbitration. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST Wynnr IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE Wynnr SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE Wynnr SITE, Wynnr’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES Wynnr SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE Wynnr SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND Wynnr.

Wynnr or you may seek injunctive relief in any state or federal court in Minneapolis, Minnesota, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Minneapolis, Minnesota, USA for injunctive relief purposes.

Applicable Law

By visiting the Wynnr Site, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Wynnr.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Wynnr in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Wynnr Site. These Terms, which shall be deemed accepted by you upon your use of the Wynnr Site, constitute the entire agreement among you and Wynnr regarding use of the Wynnr Site. Wynnr' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision.

If any provision of these Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding and enforceable. These Terms are not assignable, transferable or sub-licensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the Wynnr Site and any notices regarding the Wynnr Site.

Contact and Violations

Please contact us with any questions regarding these Terms. Please report any violations of the Terms to hello@wynnr.com

For claims or requests for arbitration, see the Confidential Arbitration section of these Terms of Use.

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