General Use of the WinkClique Site
You must be 18 years old or the age of majority in your jurisdiction, whichever is greater, to purchase products through the Site. If you are less than 18 years old, or less than the age of majority in your jurisdiction, whichever is greater, you may not purchase products through the Site. The Site is not intended for children less than 16 years old. If you are less than 16 years old, you may browse the Site; however, you may not make any purchases on the Site or provide your information to us.
You understand and agree that you may not (i) interfere or attempt to interfere with the proper working of the Site; (ii) bypass any measures we may use to prevent or restrict access to the Site or accounts associated with the Site; (iii) collect or store information about Site users without authorization, including for purposes of transmitting or helping others transmit unsolicited marketing or other electronic communications; (iv) run any form of auto-responder or “spam” on the Site; or (v) use manual or automated software, devices, or other processes to “spider” or “crawl,” the Site or to collect or scrape any content or information from the Site.
In order to access certain features on the Site or create a customer account, you must first log in by creating an account using an email address and password of your choice. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the applicable registration form, and (ii) maintain and promptly update such information to make sure it is true, accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account and password. You agree to (a) not allow any third party to use your account or password under any circumstances; (b) immediately notify WinkClique of any unauthorized use of your account or password or any other breach of security; (c) make sure that you exit from your account at the end of each session; and (d) not store your account information on public or third-party computers, mobile phones, or other devices. You understand and acknowledge that you are fully responsible and liable for all activities and charges, including, but not limited to, product purchases, which occur under your account or password. You understand and agree that WinkClique will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements or any theft, misappropriation, disclosure, or unauthorized use of your login information.
Without limiting any rights WinkClique may otherwise have, WinkClique reserves the right to take any action we deem reasonable or necessary to protect the security of your account, including, but not limited to, asking you to change your password, requesting additional information in order to authorize any purchases or other actions under your account, or terminating your account.
WinkClique may, but is not obligated to, review product orders for fraud or other illegal or unauthorized activity. WinkClique reserves the right to cancel product orders or refuse to ship to certain addresses due to suspected fraud or illegal or unauthorized activity.
Consent to Receive Electronic Communications
Intellectual Property Rights
The Site contains valuable trademarks owned and used by WinkClique. WinkClique uses these trademarks to distinguish its goods and services from those of others. The Site may also contain references to other entities’ trademarks and service marks. Such references are for identification purposes only and are used with permission of their respective owners. WinkClique does not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display trademarks without the prior written consent of WinkClique or the owner of such mark.
All materials and information, as well as any products, services, tools, applications, features, and functionalities, provided by WinkClique on or through the Site are for informational purposes only and are not in any way intended to provide medical or business advice or training. Nothing on the Site is intended to be used, and as a result should not be used, for medical diagnosis or treatment, or to take the place of the advice of a physician or other qualified health provider. Any product recommendations provided on the Site or generated through any interactive tools available on or through the Site are general recommendations only based on general factors and are not intended to be, and do not take the place of, a medical diagnosis or individual consultation. Individual results from the use of WinkClique products will vary depending on the individual, and WinkClique makes no guarantee regarding the results you may experience from using these products.
None of the WinkClique products is intended to diagnose, treat, cure, mitigate, or prevent any disease or eye or skin disorder. All products should be used strictly in accordance with their instructions, warnings, and guidelines. WinkClique cannot account for individual sensitivities. We recommend that you carefully review any ingredient list for each product before purchase and consult with your physician or other qualified health provider before use, especially if you have any eye or skin conditions or sensitivities.
WinkClique strives to be as accurate as possible in describing its products and services on the Site, but makes no warranty that product descriptions, colors, or other information contained on the Site is accurate, complete, current, or error-free. Colors in particular may vary, depending on your individual monitor settings. Additionally, the Site may contain typographical errors, inaccuracies, or omissions. WinkClique reserves the right to correct any such errors, inaccuracies, or omissions at any time without prior notice, including with respect to product pricing and availability. To the extent product orders are placed based on incorrect pricing or availability, WinkClique reserves the right to cancel such orders.
The Site may contain links to pages on other sites, and those sites may offer products, services, or other resources. WinkClique does not make any representation with respect to the quality, non- infringement, accuracy, completeness, timeliness, or reliability of any materials, information, services, or products offered on such sites. Because WinkClique has no control over such sites and resources, you acknowledge and agree that WinkClique has no responsibility for the accuracy of information provided by, or available via, other sites. Links to external sites do not constitute an endorsement by WinkClique of the sponsors of such sites or the content, products, advertising, or other materials presented on those sites. You further acknowledge and agree that WinkClique is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods, or services available on these other sites or resources.
User Conduct and User Submissions
WinkClique may permit users to submit material for posting on the Site, including, without limitation, photographs, videos, information, ideas, comments, blogs, audio, suggestions, or other materials (collectively, the “Submitted Materials”). WinkClique does not warrant or make any representation whatsoever, and does not make any guarantee regarding, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or any other attribute of the Submitted Materials. The Submitted Materials are the sole responsibility of the party posting such Submitted Materials.
You are entirely responsible for everything you upload, post, email, or otherwise make available on the Site. By uploading, posting, emailing, or otherwise making available any Submitted Materials on the Site you hereby: (i) grant to WinkClique a non-exclusive, royalty-free, transferable, perpetual, worldwide license to copy, distribute, publish, retain, improve, prepare derivative works of, and commercialize the Submitted Materials; and (ii) release WinkClique from any claims related to defamation, invasion of privacy, rights of publicity, copyright, or any other legal or financial responsibility that may arise regarding the use of any image, name, voice, and likeness embodied in the Submitted Materials.
With respect to any and all Submitted Materials and any other information or material submitted by you, you hereby warrant and represent that such Submitted Materials: (a) are true, accurate, authorized, and complete; (b) are not unlawful, obscene, fraudulent, indecent; do not defame, abuse, harass, or threaten others; and are not hateful or racially, ethnically, or otherwise objectionable; (c) do not contain any software viruses, Trojan Horses, worms, bombs, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (d) do not advocate or encourage any illegal activity; (e) do not infringe the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, contractual, personal, or other right of any third party; (f) do not violate the privacy of individuals, including other users of the Site, and do not impersonate any other person or entity; and (g) do not violate any applicable local, state, national, or international law.
Disclaimer of Content
WinkClique, in its sole discretion, may at any time refuse or delete Submitted Materials it deems inappropriate, illegal, or harmful to others. WinkClique does not undertake any obligation to monitor the Site for such material. The views, opinions, and accuracy of information posted on the Site are the responsibility of the poster. WinkClique does not control, verify, or endorse any Submitted Materials or any other information or content not originating from WinkClique or WinkClique’s licensors. WinkClique is not responsible for any person’s misuse or misappropriation of any WinkClique Materials, Submitted Materials, or any other information contained on the Site or linked from the Site.
Intellectual Property Infringement Complaints - Digital Millennium Copyright Act Notice
WinkClique respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all content that WinkClique directly makes available on the Site, and asks its users to do the same. WinkClique may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (“DMCA”), WinkClique has a designated agent to receive intellectual property infringement claims. If you believe any material on the Site is infringing and has been posted by WinkClique, our users, or any other party, you may notify WinkClique of the alleged infringement by contacting WinkClique’s designated DMCA Agent at:
[1578 E Honeycomb Dr, St George UT 84790]
Please include the following information in your notice:
(i) Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iii) Information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and e-mail address at which you may be reached;
(iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(v) A statement, under penalty of perjury, that the information in the notification is
accurate and that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; and
(vi) Your physical or electronic signature.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. WINKCLIQUE DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(ii) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WINKCLIQUE AND ITS OWNERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT;
(iii) ANY WINKCLIQUE MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL WINKCLIQUE BE LIABLE IN ANY WAY FOR ANY WINKCLIQUE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE MISUSE OF ANY MATERIAL POSTED, EMAILED, OR OTHERWISE TRANSMITTED VIA THE SITE;
(iv) THE SITE AND WINKCLIQUE MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE USE OF SITE MATERIALS TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF ANY SITE MATERIALS, INCLUDING ADVICE YOU GIVE TO ANY THIRD PARTY; AND
(v) IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, YOU SHOULD NOT USE THE SITE.
LIMITATION OF LIABILITY
(i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WINKCLIQUE OR WINKCLIQUE’S PARENTS, SUBSIDIARIES, OR AFFILIATES, ANY OF THEIR RESPECTIVE SPONSORS, CONTRACTORS, VENDORS, SUCCESSORS, ASSIGNS, OR LICENSEES, OR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE WINKCLIQUE RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
(ii) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER UTAH LAWS OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWN.
WinkClique reserves the unrestricted right, in its sole discretion, to restrict, suspend, or terminate your access to or use of the Site and/or to terminate the licenses granted herein at any time for any reason. You understand and agree that any termination of your access or use of the Site may be effected without prior notice to you, and that such termination may result in the forfeiture and destruction of all information and content associated with you and your activities on the Site.
Mandatory Agreement to Arbitrate Disputes
YOU AND WINKCLIQUE AGREE THAT DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION. WE ARE BOTH WAIVING THE RIGHT TO HAVE DISPUTES HEARD IN COURT AS DESCRIBED BELOW.
What is Arbitration? Arbitration is a method of resolving claims, disputes, and other controversies without filing a lawsuit. By agreeing to arbitrate, the right to go to court is waived, and instead disputes are referred to an arbitrator for final and binding resolution
EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted in Washington County, Utah.
Selection of Arbitrator shall be made pursuant to AAA’s Streamlined Arbitration Rules &
Procedures or AAA’s Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under AAA’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the
arbitration shall be conducted under AAA’s Comprehensive Arbitration Rules & Procedures
Subject to the applicable AAA procedure, the arbitrator shall allow reasonable discovery in the
forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the
purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or
disregard any provision of this section or any other provision of these Terms of Service, except
as necessary to comply with AAA’s Policy on Consumer Arbitrations Pursuant to Pre-Dispute
Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare
and distribute to the parties written findings of fact and conclusions of law relevant to such
judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and
judgment thereon may be entered in a court of competent jurisdiction.
Costs and Fees. You will be subject to a $250 filing fee to initiate the arbitration. To the extent permitted by AAA procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and we will remain responsible for our share of costs, expenses and fees plus any costs, expenses and fees required under AAA procedures.
Litigation. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Class-Action Waiver. Both you and WinkClique expressly waive any ability to maintain any class action proceedings in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted, regardless of venue, on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Applicable Law, Rules, and Venue. The Federal Arbitration Act (or “FAA”) shall govern the interpretation and enforcement of this Arbitration Agreement. Subject to the class action waiver and specific procedures described below, any arbitration shall be
administered by the American Arbitration Association (“AAA”), and the arbitration
shall be commenced and proceed pursuant to its AAA Commercial Arbitration Rules, except as modified herein. More information concerning AAA can be found on its WEBSITE, including the AAA Commercial Arbitration Rules Arbitration shall take place in Washington County in the State of Utah.
Arbitrator Award. The arbitrator shall issue a written award in accordance with applicable arbitration rules. The award shall be limited to deciding the obligations and rights in the specific dispute between the parties. The arbitrator may impose equitable relief against a party only if sought by the other party. Judgment upon the award rendered by the arbitrator may be entered in any court located within the applicable venue, as set forth in these terms and conditions, and that judgment shall be final and non-appealable.
Severability. With the exception of the class action waiver set forth above, if any provision in this Arbitration Agreement is declared to be unenforceable for any reason, the remainder shall remain in effect.
Fees. The parties will each bear their own costs and expenses and an equal share of the (i) cost of the arbitrator and (ii) administrative fees of arbitration.
Confidentiality. Except as may be required by law, neither the parties nor the arbitrator may disclose sensitive, confidential, or proprietary information obtained in connection with the arbitration. The arbitrator shall be authorized to issue protective orders relating to the disclosure of such information.
Governing Law and Venue
NOTICE FOR CALIFORNIA USERS Under California Civil Code Section 1789.3, Residents of California who use this Site are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org
Last Updated: January, 2022