By signing up for the Winback service (“Service”) or any of the services of Winback INC. (“Winback”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Winback reserves the right to update and change the Terms of Service by posting updates and changes to the Winback website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
This is a legal agreement between you (either an individual, a company or any entity) and Winback, a service of Winback, LLC. This includes any of the services and products offered and sold via winback.chat, Shopify App Store, WordPress App Store or any other online publication offering our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Winback. By registering for or using Winback and any of its features you agree that you have read, understood and accepted the terms and conditions of this agreement. You may not use our services if you do not accept our terms as discussed in the document (“Terms of Service”).
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.
Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and us (whether or not such dispute involves a third-party) with regard to your relationship with us, including without limitation disputes related to these Terms of Use, your use of the website and the Service, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury.
You expressly agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: help@winback.chat. You must include your name and residence address, the email address you use for your Winback Account, and a clear statement that you want to opt out of this arbitration agreement. If and to the extent the prohibition against class actions and other claims brought on behalf of third-parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.
Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and us (whether or not such dispute involves a third-party) with regard to your relationship with us, including without limitation disputes related to these Terms of Use, your use of the website and the Service, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury.
You expressly agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: help@winback.chat. You must include your name and residence address, the email address you use for your Winback Account, and a clear statement that you want to opt out of this arbitration agreement. If and to the extent the prohibition against class actions and other claims brought on behalf of third-parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
You agree to defend, indemnify and hold harmless Winback and its affiliates and their respective officers, directors, agents, consultants and employees from any claims, damages, liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Your use of the Service or the Site; (b) the use by any third party of the Site; and (c) Your failure to comply with these Terms.
Publicity & Branding
You agree that Winback may (a) publicize your name, the fact of the Site and your use of the Service; and (b) brand the Site with a “powered by Winback” or similar legend and/or copyright notice. You agree to be featured as a Case Study or under “Trusted by Awesome Companies” for brand exposure and merchant trust.
Limitation of Liability
Except to the extent prohibited by applicable law, in no event shall Winback or Third-Party Vendor, or their affiliates, subsidiaries, or third-party licensors, be liable for any damages whatsoever (including without limitation, consequential, indirect, special, punitive, or incidental damages, or damages for loss of business profits, business interruption, loss or corruption of data, or other pecuniary loss) arising out of the use or inability to use the Service, even if Winback has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of Winback, its affiliates, subsidiaries, and its third-party licensors, if any, for damages under these Terms or arising from use of the Service exceed the amount paid by You to Winback for the Service in the six (6) months immediately preceding the claim.
General
These Terms represent the complete agreement concerning the Service between You and Winback and supersede all prior agreements and representations related to the subject matter hereof. These Terms shall be deemed agreed in and governed by the laws of the State of Delaware, excluding choice of law principles. All proceedings shall be conducted in English. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay Winback, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.