WINTHEZONE, INC., d/b/a WINTHEZONE
TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any digital or downloadable resources, membership, online course, one-on-one or group coaching, class, Program(s), workshop, or training, or enter any online private forums such as Facebook groups operated by WinTheZone, Inc. d/b/a WinTheZone (for any purpose), whether on a website hosted by WinTheZone, Inc. or a third-party website such as an online course platform or facebook.com (collectively “Program(s)”).

If you do not agree with these TOU, you may not use the Program(s).
As used in these TOU, the term “Releasees” is defined to include the following: (i) WinTheZone, INC. d/b/a WinTheZone, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the WinTheZone”); (ii) any WinTheZone volunteers; (iii) Kristi Smith; (iv) Wade Fergus; (v) Allen Oyler; (vi) William Oyler; (vii) any WinTheZone employees.

1. Participants
You will receive the services outlined on the web page where you register.

If you wish to participate in another session of the Program(s) in the future or purchase any other event tickets, products, Program(s) or services from the WinTheZone, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

If you cancel and then decide to join the Program(s) again at a later time, you will be charged at the current rate, regardless of any special offers or discounts you received in the past.

These Program(s) are intended and only suitable for individuals aged 13 and above. Parents must give permission for children to use the Program(s) by accepting the terms of use at Checkout. WinTheZone hereby disclaims all liability for use by individuals under the age of 18.

The Children’s Online Privacy Protection Act (COPPA) restricts the collection, use, or disclosure of Personal Information from and about children under the age of 13 on the internet. The WinTheZone website and our Online Services are not directed to children under the age of 13. Should we receive information (name, address, email, account number, telephone, social security number, etc.) from a child known to be under 13, the information will only be used to respond directly to the child, seek parental consent, or provide parental notice. WinTheZone is not responsible for the data collection and use practices of nonaffiliated third parties.

2. Payment
You agree to the fees and payment schedule selected at checkout.

A. WTZ - ATHLETES:
Month-to-Month Commitment, Cancel at any Time: Upon registering for this Membership, your first payment of $39 will be due, followed by monthly payments of USD $39. The recurring monthly payment of $39 will be charged to your card on the same calendar day each month (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on), unless terminated by either you or us. You can cancel at any time before the next month’s payment is charged, as outlined below in the Termination or Cancellation paragraph. In the event you do cancel, default or late payments will be due immediately.

Annual Commitment, Cancel at any Time: Upon registering for this program, your annual membership payment of $390 will automatically be charged to your card on file. Your annual membership will automatically renew, and recurring annual payments will be automatically charged to your card on the same calendar day, each year after your first annual membership payment (if, for example, you join on April 12, 2023 your card will be charged again on April 12, 2024 and so on) unless terminated by either you or us. You can cancel at any time before the next annual payment is charged, as outlined below in the Termination or Cancellation paragraph. In the event you do cancel, default or late payments will be due immediately.

B. WTZ - PARENTS:
Month-to-Month Commitment, Cancel at any Time: Upon registering for this Membership, your first payment of $0 will be due, followed by monthly payments of USD $0. The recurring monthly payment of $19 will be charged to your card on the same calendar day each month (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on), unless terminated by either you or us. You can cancel at any time before the next month’s payment is charged, as outlined below in the Termination or Cancellation paragraph. In the event you do cancel, default or late payments will be due immediately.

Annual Commitment, Cancel at any Time: Upon registering for this program, your annual membership payment of $0 will automatically be charged to your card on file. Your annual membership will automatically renew, and recurring annual payments will be automatically charged to your card on the same calendar day, each year after your first annual membership payment (if, for example, you join on April 12, 2023 your card will be charged again on April 12, 2024 and so on) unless terminated by either you or us. You can cancel at any time before the next annual payment is charged, as outlined below in the Termination or Cancellation paragraph. In the event you do cancel, default or late payments will be due immediately.

C. WTZ - TEAMS:
Pay in Full: Upon registering for this program, you agree to pay the payment in full of $279 per year for access to this program. You can cancel at any time before the next annual payment is charged, as outlined below in the Termination or Cancellation paragraph. In the event you do cancel, default or late payments will be due immediately.

3. Refunds
Your satisfaction with the Program(s) are important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program(s), and due to the nature of the Program(s) and Content that cannot be “returned,” we have a no refund policy. We do not give partial month refunds, partial refunds on annual payments, or refunds of any kind.

Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any portion of our Program(s) and no refunds will be provided to you at any time. By using and/or purchasing our Program(s), you understand and agree that all sales are final, and no refunds will be provided.
WinTheZone reserves the right, in its sole discretion, to determine how to discipline a member who violates these Terms. Therefore, if a member disagrees with how the

WinTheZone disciplines another member and requests a refund, the WinTheZone will deny such request.

Furthermore, if a member violates these Terms, WinTheZone reserves the right, in its sole discretion, to offer the member another opportunity to abide by these Terms. If a member disagrees with WinTheZone offering another member a second opportunity to follow these terms, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in WinTheZone’s sole right and discretion, you persist with behaviors or actions that violate these Terms, WinTheZone may terminate your access and participation in the Program(s) without notice and without refund.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program(s), we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

4. Intellectual Property Rights
A. Access to: WTZ  ATHLETES; WTZ  PARENTS; WTZ  TEAMS Membership Content
Upon enrolling in the WTZ – ATHLETES; WTZ – PARENTS; WTZ – TEAMS Membership, you will gain access to content from the MONTH OF YOUR ENROLLMENT FORWARD. Your membership does not include access to all Content that has ever been shared with other members. WinTheZone makes no guarantee that it will maintain recordings of coaching calls or other Content for any particular time period.

While your membership is active, the Content to which you have access may be available to download. When your membership has been terminated, you will not have any access to the membership site or any Content posted there after the end of the current billing term.

B. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through WinTheZone website, any third-party website WinTheZone may use to distribute or host the Program(s), and contained in e-mails sent to you by WinTheZone, as well as the look and feel of all of the foregoing (“the Content”) is property of WinTheZone and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

C. WinTheZone’s Limited License to You
If you view, purchase or access any Program(s) or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you and those living within your household only.

This means you and those living within your household may view, download, print, email and use one copy of individual pages of the Program(s) and Content for your own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party outside your household, or otherwise use any material from the Program(s) or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program(s) or Content for personal use you in no way assume any ownership rights of the Content – it is still WinTheZone property. Any unauthorized use of any materials found in the Program(s) or Content shall constitute infringement.

You must receive our written permission before using any of the Program(s) or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program(s) or Content are trademarks belonging to WinTheZone, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

D. Unauthorized Use
Your use of any materials found in the Program(s) or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program(s) in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies WinTheZone may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to WinTheZone that may not be adequately compensated by damages, entitling WinTheZone to obtain injunctive relief, without bond, in addition to all legal remedies.

E. Your License to WinTheZone; Use in Testimonials and Marketing.
By posting or submitting any material during the Program(s) such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of WinTheZone’s current or future Program(s) and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by WinTheZone during any Program(s) that may contain you, your voice and/or your likeness. In WinTheZone’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to WinTheZone or created by WinTheZone in connection with your participation in any Program(s), for any reason, without compensation to you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or WinTheZone, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program(s) or in our Content at any time for any reason.

This means you give WinTheZone permission to use anything you submit or post in the Program(s) or any third-party forum or website operated by WinTheZone, or anything captured by WinTheZone during your participation in the Program(s), including images in which your face is visible and recognizable.

F. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to WinTheZone, you should request permission in writing BEFORE you use the Content by sending an email to support@winthezone.com.

If you are granted permission by WinTheZone, you agree to use the specific Content that WinTheZone allows and only in the ways for which WinTheZone has given you its written permission. If you choose to use the Content in ways that WinTheZone does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program(s) and Content.

5. SMS Opt-in
By opting in to receive SMS or text messages from WinTheZone, you agree to receive messages from us on your mobile device. Standard messaging rates may apply, and you may opt-out at any time by replying “STOP” to a message. We will not share or sell your contact information to any third-party entities without your express consent. By providing your phone number, you consent to receive SMS or text messages from WinTheZone.

6. Your Conduct
The Program(s) are a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, program(s), or events to Program(s) participants on any WinTheZone website or third-party forums operated by WinTheZone, whether or not officially sanctioned, owned, or operated by WinTheZone. This means you agree not to form, or ask Program(s) participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program(s) participants to participate in events, such as a meetup, seminar, or athletic competition, without first receiving approval from WinTheZone. You agree not to market, promote, or sell products or services such as nutritional supplements, coaching services, or other products or services to Program(s) participants, unless you are authorized or requested to do so by WinTheZone.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by WinTheZone and any third-party forums operated by WinTheZone. Any material you post on WinTheZone’s website or in any third-party forums operated by WinTheZone may become public.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on WinTheZone’s website and any third-party forums operated by WinTheZone, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful.

You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene, pornographic, sexually explicit or violent, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Impersonating any other person
• Causing damage to any WinTheZone website or third-party forums operated by WinTheZone
• Using any WinTheZone website or third-party forums operated by WinTheZone for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any WinTheZone website or third-party forums operated by WinTheZone to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any WinTheZone website or third-party forums operated by WinTheZone to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any WinTheZone website or third-party forums operated by WinTheZone
• Using any WinTheZone website or private membership forum or third-party forums operated by WinTheZone, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by WinTheZone and/ or Participants without receiving their advance permission
• Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any WinTheZone website, private membership or third-party forums operated by WinTheZone.

If, in WinTheZone’s sole discretion, your conduct violates these TOU in any way, you agree that WinTheZone may immediately and permanently terminate your participation in the Program(s) and your access to the Content without refund.

WinTheZone, in its discretion, may delete or modify, in whole or part, any post, comment or submission to WinTheZone’s and any third-party forums operated by WinTheZone. WinTheZone does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. WinTheZone neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on WinTheZone website or any third-party forums operated by WinTheZone. WinTheZone shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on WinTheZone website and any third-party forums operated by WinTheZone.

7. Community Guidelines
WinTheZone has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within WinTheZone’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.

WinTheZone’s community guidelines are as follows:
A. WinTheZone’s Program(s) promotes diversity amongst its members. Therefore, WinTheZone encourages all members to connect with one another and to learn about one another’s background, interests, hobbies and points of view. WinTheZone does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

B. WinTheZone does its best to create a safe and welcoming space for all members, however, WinTheZone cannot guarantee that all members will follow these guidelines. WinTheZone, in its sole discretion, may remove any member’s comments, posts, content or materials, however, WinTheZone does not have a duty to review all comments, posts, content and material shared within the Program(s). Therefore, WinTheZone shall not be held liable for any member’s comments, actions, posts, content or materials that result in another member’s trauma or discomfort.

C. WinTheZone has created a safe space for all members to feel seen, respected and heard. WinTheZone encourages members to engage in respectful dialogue with one another. WinTheZone does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each member must demonstrate respect towards one another.

D. Support each member with words of encouragement, resources or suggestions, while respecting each member’s boundaries.

We may also post separate rules regarding your behavior in any online community or forum, whether hosted on WinTheZone’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

8. Confidentiality
WinTheZone is not legally bound to keep your information confidential.

Nevertheless, WinTheZone agrees to keep all information about your membership confidential except for use in testimonials or marketing, outlined above, or when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with WinTheZone are not covered by any doctor-patient privilege or other privilege.

You may use a screen name or pseudonym instead of your actual name, or remain anonymous, for your participation in group coaching sessions and public posts on WinTheZone website and in third-party forums operated by WinTheZone.

You agree that WinTheZone shall not be liable for the disclosure of any of your information by another Program(s) participant. You agree to keep all information you learn about other Program(s) participants, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

WinTheZone may record coaching calls and share them in the Program(s), on WinTheZone’s website, for marketing of WinTheZone and/or the Program(s), or on third-party forums operated by WinTheZone.

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of WinTheZone’s website, or any third-party forums operated by WinTheZone. If WinTheZone discovers you have done so, this will be grounds for immediate termination of your access to the Program(s) and Content.

9. Username and Password
To access certain features of the Program(s), including any private membership areas, you may need a username and password. It is your responsibility to inform WinTheZone before the Program(s) start date if you do not receive an email containing your password to access the Program(s). You agree to keep your username and password confidential and to not share it with anyone outside those living within your household. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If WinTheZone has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone outside those living within your household, or forwarded any non-public material from the Program(s) to any other person, WinTheZone has the right to suspend or terminate your account and refuse any and all current or future use of the Program(s) or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of WinTheZone’s website Privacy Policy.

10. Live or In-Person Events
If you participate in any live or in-person event as part of any Program(s), you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by WinTheZone through its employees, representatives or agents, and to abide by any decision of any WinTheZone staff or volunteers, or WinTheZone vendors or contractors, regarding your ability to safely participate in the Program(s). You agree to always exhibit appropriate behavior and to obey all local, state and federal civil and criminal laws while participating in the Program(s). This includes, generally, respect for other people, equipment, facilities or property. WinTheZone may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program(s) or any person, facility or property.

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as WinTheZone, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

WinTheZone is not responsible for any personal item or property that is lost, damaged or stolen at or during any Program(s).

11. Termination or Cancellation
WinTheZone reserves the right in its sole discretion to refuse or terminate your access to the Program(s) and Content, in full or in part, at any time without notice. WinTheZone may terminate your participation in the Program(s) at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination by WinTheZone, you are no longer authorized to access the part of the Program(s) or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program(s) and its Content will still apply now and in the future, even after termination by you or WinTheZone.

If you would like to cancel your recurring monthly or annual membership in the Program(s), you must provide WinTheZone with at least 24 hours’ advance written notice by filling out the Cancellation Form before your monthly recurring charge or annual renewal date. Cancellations will be effective on the end date of the current billing term. You will continue to have access to the materials and Content of the Program(s) until the end of the then-current billing term. You will not be able to log in to the WinTheZone Community once the billing term has expired. You will not be issued a prorated refund for any remaining days or months in the event you cancel in the middle of a payment cycle.

In the event you decide to cancel, any remaining, default, or late payments will be due immediately.

12. Personal Responsibility, Assumption of Risk, Release, Disclaimers
A. You are voluntarily participating in the Program(s) and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

B. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in Program(s) and voluntarily, knowingly and freely assume all risks associated with participating in the Program(s), including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.

C. Your participation in the Program(s) does not establish a business advisor-client relationship of any kind between you, WinTheZone, or anyone providing services on behalf of WinTheZone.

D. You represent and warrant to Releasees that you are able to safely participate in the Program(s) and have no medical condition that would make your participation in the Program(s) more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program(s) without the approval of a physician.

E. Your participation in the Program(s) does not establish any doctor-patient, attorney-client, counseling, or accountant-client relationship of any kind between you, WinTheZone, or anyone providing services on behalf of WinTheZone.

F. The Program(s) and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program(s) or Content prevents, cures or treats any mental or medical condition. The Program(s) and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. WinTheZone disclaims any liability for your reliance on any opinions or advice contained in the Program(s).

G. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

H. You acknowledge that, by engaging with WinTheZone for the Program(s), you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program(s), whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to WinTheZone for the Program(s).

I. Results Disclaimer: You agree that WinTheZone has not made and does not make any representations about results you may receive as a result of your participation in the Program(s). WinTheZone cannot and does not guarantee that you will achieve any particular result from your use of the Program(s), and you understand that results differ for each individual.

J. Any links to third-party products, services, or sites are subject to separate terms and conditions. WinTheZone is not responsible for or liable for any content on or actions taken by such third-party company or website. Although WinTheZone may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

K. WinTheZone is not responsible or liable for members of the Program(s) infringing on another other member’s intellectual property, content or materials.

L. WinTheZone tries to ensure that the availability and delivery of the Program(s) and Content is uninterrupted and error-free. However, WinTheZone cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

M. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM(S) AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WINTHEZONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WINTHEZONE DOES NOT WARRANT THAT THE PROGRAM(S) OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF WINTHEZONE’S WEBSITE, INCLUDING ANY PAGES HOSTING CONTENT, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

N. WINTHEZONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM(S), INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM(S).

13. Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and WinTheZone may be unlawfully intercepted by third parties not under our control. WinTheZone does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with WinTheZone are done at your own risk.

14. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws principles. The state and federal court nearest to Spokane Valley, Washington shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program(s) or Content, including but not limited to WinTheZone’s Privacy Policy or these TOU. By using the Program(s) or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

15. Users Outside United States
WinTheZone controls and operates the Program(s) from offices in the United States. WinTheZone does not represent that materials on the Program(s) are appropriate or available for use in other locations. People who choose to access the Program(s) from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Indemnification
You agree to defend, indemnify, release, and hold harmless WinTheZone and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program(s) or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to WinTheZone’s website or any third-party forum or website operated by WinTheZone, (iv) your use of materials or features available on the Program(s) or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by WinTheZone) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

17. Force Majeure
WinTheZone shall not be deemed in breach of this Agreement if WinTheZone is unable to complete or provide all of the Program(s) or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of WinTheZone or any local, state, federal, national or international law, governmental order or regulation or any other event beyond WinTheZone’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, WinTheZone shall give notice to Client of its inability to perform or of delay in completing or providing the Program(s) and shall propose revisions to the schedule for completion of the Program(s) or other accommodations or may terminate this Agreement.

18. General Provisions.
This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

By clicking on the box when signing up for the Program(s), you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program(s) or Content.

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