Terms

This Site is copyrighted work. Certain features of the Site may be subject to additional guidelines, terms, or conditions that will be posted on the Site in connection with such features.
All such additional terms, guidelines, and policies are incorporated by reference into these Terms of Use.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. By logging on to the Site, YOU AGREE to these Terms and Conditions and represent that you are authorized and able to enter into these Terms and Conditions. YOU SHOULD BE AT LEAST 18 YEARS OLD TO ACCESS THE SITE. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THESE TERMS AND CONDITIONS, DO NOT LOG ON AND/OR USE THE SITE.
These Terms require the use of Section 10.2 arbitration on an individual basis to resolve disputes and limit the remedies available to you in the event of a dispute. These terms and conditions were created using the Terms of Use Generator.

Access to the Service

Subject to these Terms and Conditions. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non-commercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you may not sell, rent, lease, transfer, assign, distribute, host or otherwise use the Site for commercial purposes; (b) you may not alter, create derivative works of, disassemble, reverse compile or reverse engineer any portion of the Site; (c) you may not access the Site to build a similar or competing website; and (d) except as expressly provided herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, unless otherwise indicated, any future versions, updates or other additions to the functionality of the Site are subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies of the Site.

The Company reserves the right to change, suspend or discontinue the Site with or without notice to you. You agree that the Company will not be liable to you or any third party for any change, interruption or termination of the Site or any part thereof.
Lack of support and maintenance. You agree that the Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that may be provided by you, you are aware that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by Company or Company's suppliers. Please note that these Terms and Conditions and access to the Site do not grant you any right, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms and Conditions.
Third party links and advertisements; other users

Third Party Links and Advertisements. The Site may contain links to third-party websites and services and/or display third-party advertisements. Such third-party links and advertisements are not under the control of the Company, and the Company is not responsible for third-party links and advertisements. The Company provides access to these third-party links and advertisements only as a convenience to you and does not review, approve, monitor, endorse, warrant or make any representations with respect to the third-party links and advertisements. Your use of third-party links and advertisements is at your own risk and you should exercise an appropriate level of care and discretion. Once you click on third-party links and advertisements, the terms and policies of the third parties, including the privacy and data collection practices of the third parties, apply.
Other Users. Each user of the Site is solely responsible for all of his or her own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that the Company shall not be liable for any loss or damage incurred as a result of such interactions. If a dispute arises between you and any user of the Site, we have no obligation to become involved.
You hereby release and forever discharge the Company and its officers, employees, agents, successors and assigns from, and hereby waive, any and all past, present and future dispute, claim, controversy, demand, right, duty, obligation, liability, action and cause of action of every kind and nature that arises or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.

Cookies and Web Beacons. Like any other website, Polskawinner uses "cookies." These cookies are used to store information, including visitor preferences and the pages on the website that the visitor has accessed or visited. This information is used to optimize the user experience by customizing the content of our website based on the visitor's browser type and/or other information.

Disclaimer The website is provided on an "as is" and "as available" basis, and we and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including any warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We and our suppliers do not warrant that the Site will meet your requirements, be uninterrupted, timely, secure or error-free, or be accurate, reliable, free of viruses or other harmful code, complete, legal or secure. If applicable law requires a warranty with respect to the Site, all such warranties are limited in time to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on the duration of implied warranties, so the above limitation may not apply to you.

Limitation of Liability To the maximum extent permitted by law, in no event shall the company or its suppliers be liable to you or any third party for any lost profits, lost data, costs of acquiring substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or relating to these terms and conditions or your use of or inability to use the site, even if the company has been advised of the possibility of such damages. Your access to and use of the site is at your own discretion and risk, and you are solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising out of or in connection with this agreement shall at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not increase this limit. You agree that our suppliers will not incur any liability arising out of or related to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms shall remain in full force and effect during your use of the Site. We may suspend or terminate your right to use the Site at any time for any reason at our sole discretion, including for using the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and your right to access and use the Site will be terminated immediately. You understand that any termination of your Account may involve the removal of User Content associated with your Account from our databases. The Company will have no liability to you in connection with the termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.

Copyright Policy. The Company respects the intellectual property of others and asks our Site users to do the same. In connection with our Site, we have adopted and implemented a copyright policy that provides for the removal of any infringing material and the termination of cooperation with users of our Site online who repeatedly violate intellectual property rights, including copyrights. If you believe that one of our users, through use of our Site, is unlawfully infringing the copyright of a work and you wish to remove the allegedly infringing material, the following information in the form of a written notice (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:
General
These Terms are subject to occasional changes, and if we make material changes, we may notify you by sending an email to the last email address you provided and/or by posting notice of the changes in a prominent place on our Site. You are responsible for providing us with your most current email address. In the event that the last email address you provided is not current, our sending of an email containing such notice will nevertheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective at the earliest thirty (30) calendar days after we send you an email notice or thirty (30) calendar days after we post notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Your continued use of our Site after notification of such changes will constitute your acknowledgement of such changes and your agreement to be bound by the terms of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully.

It is part of the contract with the Company and affects your rights. It contains procedures for OBLIGATORY ARBITRATION and waiver of class action rights.

Application of the Arbitration Agreement. All claims and disputes relating to the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis in accordance with the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to you and the Company, as well as to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and to all authorized or unauthorized users or beneficiaries of the services or goods provided under the Terms.

Notice requirement and informal dispute resolution. Before either party can seek arbitration, it must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the relief sought. The Notice to the Company should be posted. Upon receipt of the Notice, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days of receipt of the Notice, either party may commence arbitration. The amount of any settlement offer made by either party may not be disclosed to the arbitrator until the arbitrator determines the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall commence through the American Arbitration Association, a recognized alternative dispute resolution provider that offers arbitration in accordance with this section. If the AAA is not available to conduct arbitration, the parties will agree to select an alternative ADR Provider. The ADR Provider's rules will govern all aspects of arbitration, except to the extent that the rules conflict with the Terms. AAA's Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claim or dispute in which the total amount of the award sought is less than ten thousand U.S. dollars ($10,000.00) may be settled by binding arbitration without an appearance, at the discretion of the party seeking relief. For claims or disputes in which the total amount of compensation sought is ten thousand thousand United States dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held at a location within a 100-mile radius of your residence, unless you reside outside the United States and unless the parties agree otherwise. If you reside outside the United States, the arbitrator will notify the parties of the date, time and place of the hearing. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator awards the Distributor an award that is greater than the last settlement offer that the Company made to the Distributor prior to the arbitration, the Company will pay the Distributor the greater of the award or $2,500.00. Each party will bear its own costs and expenses arising from the arbitration and will pay an equal share of the ADR Provider's fees and costs.

Additional rules for non-appearance arbitration. If you elect to arbitrate without an appearance, the arbitration will be conducted by telephone, online, and/or by written submissions only; the specific method will be selected by the party initiating the arbitration. The arbitration will not involve the personal appearance of the parties or witnesses, unless otherwise agreed by the parties.
Waiver of trial by jury. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND TRIAL BEFORE A JUDGE OR COURT, electing instead that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are generally more limited, more efficient and less expensive than court rules and are subject to very limited court review. In the event that any dispute arises between you and the Company in a state or federal court to invalidate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WILL DISMISS ALL RIGHT TO JUDGE, electing instead to have the dispute resolved by a judge.

Waiver of class or consolidated lawsuits. All claims and disputes under this arbitration agreement must be resolved individually and not as a class, and the claims of more than one customer or user may not be arbitrated or litigated jointly or consolidated with the claims of another customer or user.

Confidentiality. All aspects of the arbitration proceedings are strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from presenting to a court information necessary to enforce this Agreement, enforce an arbitration award, or seek injunctive or equitable relief.

Severability. If any portion or portions of this Arbitration Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, such specific portion or portions shall be null and void and severed, and the remainder of the Agreement shall continue in full force and effect.

Right of Waiver. The party against whom a claim is asserted may waive any and all rights and limitations set forth in this Arbitration Agreement. Such waiver shall not waive or affect any other part of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of the relationship with Company.

Small Claims Court. However, notwithstanding the foregoing, either the Customer or the Company may bring an individual action in small claims court.

Extraordinary equitable relief. Notwithstanding the foregoing, either party may seek extraordinary equitable relief in state or federal court to maintain the status quo pending arbitration. A request for extraordinary remedies shall not constitute a waiver of any other rights or obligations under this Arbitration Agreement.

Claims not subject to arbitration. Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secret are not subject to this Arbitration Agreement.

Electronic Communications. Communications between you and Company are made by electronic means, whether you use the Site, send e-mails to us, or Company posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (a) agree to receive communications from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you in electronic form satisfy any legal obligations that they would satisfy if such communications were in writing.

Entire Terms and Conditions. These Terms constitute the entire agreement between you and us with respect to your use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain unaffected, and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms and Conditions, and your rights and obligations contained herein, may not be assigned, delegated, transferred or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, delegation, transfer or transfer in violation of the foregoing will be void. The Company may freely assign these Terms and Conditions. The terms and conditions set forth in these Terms and Conditions will be binding on the assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/trademark information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You may not use these marks without our prior written consent or the consent of such third party who may own the marks.

Contact Information: [email protected]

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