WORLD INFORMATION NETWORK FOUNDATION, LTD
MEMBER TERMS AND CONDITIONS
1.1 The purpose of these Member Terms and Conditions is to provide to every Member a fair and enjoyable experience as a WIN Member.
2.1. This is a legally binding agreement between you and World Information Network Foundation, Ltd, hereinafter “WIN” and includes all Members. If you do not agree with all of the terms and conditions contained herein, do not submit an application to become a Member of WIN.
2.2. As used herein, WIN shall include its associates and related companies, and each of their subscribers, agents, directors, officers, employees and assigns.
2.3. By submitting an application to become a Member of WIN, you are representing and warranting that you have reviewed, fully understand and agree to all of the following terms and conditions.
3. MEMBERSHIP REQUIREMENTS
3.1. You represent and warrant that you have been referred to WIN by a WIN Member or an Affiliate-Member who is currently in good standing.
3.2. You represent and warrant that you will not share or use material, ideas, or intellectual property from WIN in any way for use in other businesses, media outlets, or potential lawsuits.
3.3. WIN reserves the right to reject any membership application for any reason or no reason at all, in its sole discretion.
4. FEES & MEMBERSHIP LEVELS
4.1. There are twelve (12) membership levels in WIN. Each Member starts in the first level of membership, and must qualify for successive membership levels by meeting specific conditions and requirements and being approved by WIN. There is no obligation or requirement for any Member to ever upgrade to a higher level.
4.2. For the first level of membership, you authorize and agree that your credit card will be charged the amount of the payment of a Level One Membership on the Membership Application, and a reoccurring charge of $150 USD each month until such time as you cancel your membership pursuant to the cancellation procedure described herein. You agree that your membership will be automatically renewed and your credit card will be automatically charged unless you affirmatively cancel your membership.
4.3. Each successive membership level will require an additional non-refundable fee and a reoccurring monthly charge. The information regarding the fees and benefits for each membership level will only be revealed to those Members in the membership level directly below that particular membership level. For example, Level 1 Members may request information on the requirements to qualify for level 2, and its benefits. Level 2 Members may request information on the requirements to qualify for level 3, and its benefits. This continues through to level 12.
4.4. All transactions with WIN shall be in U.S. dollars. All payments made to WIN are non-refundable except when subject to a Cancellation Notice.
5. INFORMATION& CONFIDENTIALITY
5.1. The information contained on this site, as well as any other information provided directly or indirectly by WIN, is for your personal information and education only. None of the information is intended to invite, induce, or encourage any person to make a legal, medical, financial, or investment decision. You should consult with a licensed professional in the appropriate field before acting upon any information or recommendations that are made directly or indirectly by WIN.
5.2. The information you receive as a result of your membership in WIN shall be treated as Confidential Information, whether or not it is labeled as such. You agree not to copy, exploit, sell, distribute or otherwise disclose any Confidential Information to anyone except (a) to other Members of WIN that are in good standing or (b) to the extent required by judicial or governmental order provided that you have given WIN reasonable written notice prior to such disclosure to allow WIN a reasonable opportunity to protect the Confidential Information.
5.3. You acknowledge that if you breach any of the confidentiality obligations, any of the representations made herein, or the Code of Conduct, WIN will suffer irreparable harm for which monetary damages would be inadequate. You agree that, in the event of such a breach, your membership will be cancelled immediately and WIN will be entitled to extraordinary relief in any court of competent jurisdiction, including, but not limited to, a temporary restraining order and preliminary and permanent injunctive relief to protect its rights, in addition to any and all remedies available by law.
5.4. You agree to never share your membership account login credentials with anyone for any reason. You agree to never allow anyone for any reason to log into your WIN account, or to impersonate you in any way, and to maintain the confidentiality of the WIN web property.
6. DISCLAIMERS & WARRANTY
6.1. While WIN intends to provide its Members with accurate and up-to-date information, we make no warranties or representations as to the accuracy of the information and assume no liability or responsibility for any error or omission in the information. No one shall be entitled to claim that there is a duty on the part of WIN to update or correct any such information but WIN will make every effort to do so should any inaccuracies come to its attention
6.2. WIN shall provide information directly or indirectly to its Members in the manner, format, and at such times as WIN chooses, in its sole discretion. WIN makes no representations, warranties, or guarantees as to the amount of information that will be provided, when or how often that information will be provided, if or when requests from Members will be answered or by whom, if or when Members will receive mentoring or by whom, and if, when or where, webinars or other seminars or workshops will be offered.
6.3. WIN may modify, suspend, discontinue, or restrict the use of any portion of this site, without liability. WIN may deny access to any person or user at any time for any reason.
6.4. WIN does not represent, warrant or guarantee that, as a result of your connection with WIN or the information, products or services you receive directly or indirectly from WIN, THAT you will receive any money, bonuses, PROFITS, LOANS, CREDIT, personal or real property, business offers or anything else of monetary value, minimize your tax liability, improve your health, lose weight, or live a longer, healthier, or happier life. THIS INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE. WIN IS NOT AFFILIATED WITH ANY MEDICAL INSTITUTION AND THE INFORMATION IT PROVIDES HAS NOT BEEN APPROVED BY THE FEDERAL TRADE COMMISSION OR ANY OTHER GOVERNMENT AGENCY. Neither WIN nor the information it provides can be relied upon TO prevent, cure, or treat any disease or medical condition.
6.5. Your use of this site and any other information, products and services provided directly or indirectly by WIN is at your own risk. WIN assumes no responsibility, and shall not be liable for any resulting damages to, or viruses that may effect, your computer equipment or other property. WIN does not represent or warrant that use of such information will not infringe on the rights of third parties.
6.6. All of the information, services and products provided directly or indirectly by WIN is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, non-infringement or fitness for a particular purpose regarding suitability of the information, accuracy, reliability, completeness, and timeliness. WIN does not warrant that this site is free from all bugs, errors or omissions. Your use of this site is at your own risk.
7. LIMITATION OF LIABILITY
7.1. To the fullest extent permissible pursuant to applicable law, neither WIN nor any other party involved in creating, producing or delivering this site shall be liable for (1) lost profits or any other incidental or consequential damages, regardless of the form of the action whether in contract, tort (including negligence), or otherwise, even if WIN has been advised of the possibility of such damages; (2) punitive or special damages; or (3) damages proximately caused by your failure or refusal to perform any obligation under this agreement or as required by law.
9. CANCELLATION & REMEDIES
9.1. If you wish to cancel your membership account please email firstname.lastname@example.org with your intentions and an agent will happily assist you.
9.2. If your membership is cancelled for any reason, you agree that (a) you will return the original and all copies of Confidential Information to WIN within 10 business days of the cancellation and (b) you will not be permitted to rejoin or sign up again as a Member of WIN within 12 calendar months of your cancellation. Any acceptance shall be at the sole discretion of WIN and must be reviewed and approved in advance by a WIN Compliance Officer. You must submit your case in advance in writing via email@example.com. If your new application is accepted you are required to pay the appropriate enrollment fee at Level 1 and you will be treated as a new Member. Upon cancellation and rejoining, you will forfeit all previous status, and Membership Levels, and any associated permissions or recognition.
9.3. DISPUTE RESOLUTION. In the event a dispute shall arise between WIN and a Member, such disputes shall be exclusively resolved by binding and final arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Cleveland, Ohio. Each party shall bear their own attorney fees and costs. The arbitrator may award, in addition to declaratory and injunctive relief, contract damages. Member agrees not to participate in any class action against WIN.
10. INTELLECTUAL PROPERTY
10.1. All material on this website, including, but not limited to, text, graphics, logos, audio clips, video clips, links, digital downloads, and trademarks is owned, controlled by or licensed by WIN and is protected by copyright, trademark and other intellectual property laws. As between you and WIN, WIN exclusively owns all rights, titles and interest in and to the site content. You agree not to do anything that might impair such rights, nor will you assert ownership claim in any of the above-referenced intellectual property or in the site content or in any member list of member information.
10.2. You may download one copy of the site on a single computer for your personal, non-commercial use only, provided you maintain all copyright and trademark notices. No other use is permitted without the prior written consent of WIN.
10.3. The site may link to or frame third party websites. Framing allows a visitor to view content provided (and managed) by a third party without losing access to this site's navigational menu. WIN is not responsible or liable for content, products or services on framed sites or any other third party websites and does not promote or endorse any third party websites or the content on those sites.
11.1. WIN reserves the right to change this Membership Agreement from time to time at its discretion and to notify Members of any such changes by posting a notice on the site, posting the new Membership Agreement on the site, sending the new Membership Agreement to the Members. Your continued membership in WIN after a new Membership Agreement is in place will constitute your agreement to be bound by that new agreement.
11.2. This Membership Agreement will be governed by and construed in accordance with the laws of the State of Ohio, USA, without regard to its choice of law provisions.
11.3. If for any reason, any provision of this Membership Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Membership Agreement shall continue in full force and effect. The failure of WIN to enforce or exercise any provisions of the Membership Agreement shall not constitute a waiver of that right or provision.
11.4. I give WIN express permission to call any and all telephone numbers listed on my account, to speak to me in person, or to deliver a previously recorded message, for any purpose including but not limited to informational, promotional, or the marketing of new goods or services. I give WIN expressed permission to call my telephone numbers with such calls, even if those numbers are registered on national and/or state do not call lists, while I am a Member in WIN. I also give WIN express permission to contact me via email, direct mail, or any other method of communication, for any reason, while I am a Member of WIN.
11.5. I give WIN express permission to use any testimonial I submit, in any format for sales and marketing promotion including, but not limited to, use on the WIN website, in written mail and email materials, audio and video productions, any form of Social Media, and any other method of communication.
12. CODE OF CONDUCT
12.1. All WIN Members agree to strictly adhere to the WIN Code of Conduct. Violation of this Code of Conduct may, at the discretion of WIN, result in the termination of your account.
12.2. I agree to abide by this Code of Conduct at all times.
12.3. I agree to adhere to all WIN guidelines, rules, policies and procedures.
12.4. I acknowledge that this Code of Conduct may change, with or without notice, and that it is my responsibility to regularly review and understand this Code of Conduct.
12.5. I acknowledge that any violation of this Code of Conduct may, at the discretion of WIN and in accordance with WIN procedures, result in the termination of my account.
12.6. I agree that my actions will be in compliance with all applicable laws and regulations.
12.7. I acknowledge that I am not able to participate in, or benefit by, any promotion that is prohibited by applicable law.
12.8. I agree to never jeopardize the reputation of WIN, or any of its Members, Affiliates, staff, speakers, presenters, and contractors, in any way, including but not limited to using any social media platform (Facebook, Twitter, Google+, etc.), email, telephone, print, or public announcement.
12.9. I agree to conduct myself in a professional and ethical manner at all times.
12.10. I agree to make an honest and fair representation of WIN and its programs.
12.11. I agree to make an honest and fair representation of the Affiliate Compensation Plan.
12.12. I agree to never make any false income claims or suggestions.
12.13. I agree to never solicit, suggest, or entice in any way any Member to change to another sponsor.
12.14. I agree to abide by all WIN terms and conditions at all times.
12.15. I agree to maintain a positive and professional relationship with all WIN Members.
12.16. I agree to never use the WIN website, my account or status within WIN for any fraudulent purpose, including but not limited to allowing non-members and or my associate’s access to the WIN website or any of WIN’s published information.
12.17. I agree to never promote illegal activity of any kind.
12.18. I agree to never harass any Member in any way, including but not limited to physical stalking, bullying, on-line stalking, using email or telephone calls.
12.19. I agree to never misrepresent myself, or my status within the organization, including but not limited to my Member Status Level, my relationship with speakers, staff, presenters, contractors, or other members.
12.20. I acknowledge that WIN, at its sole discretion, can terminate my Member account, in accordance with WIN procedures, if WIN believes that I have violated this Code of Conduct.
13. ENFORCEMENT OF THIS AGREEMENT AND THE CODE OF CONDUCT
13.1. WIN reserves the right to enforce the terms and conditions of this Agreement, and the Code of Conduct. In order to insure compliance with this Agreement and Code of Conduct, WIN shall have the right to impose any of the following:
13.1.1. Warning- a written warning to a Member, or group of Members, identifying the violation and offering a fair amount of time to remedy the violation. Letter shall also advise that failure to comply may result in more severe sanctions.
13.1.2. Probation- a period of probation can be issued at the sole discretion of WIN. WIN shall disclose to a Member the specific reason(s) for the probation. Should a Member continue to violate the reason for the probation, or violate any other clause herein during the period of probation, it may result in more severe sanctions.
13.1.3. Suspension- a period of suspension can be issued at the sole discretion of WIN. WIN shall disclose to a Member the specific reason(s) for the suspension. During a suspension, all Member privileges are suspended, including but not limited to commissions, website access, Member codes, promotions and eligibility for promotions.
13.1.4. Expulsion - WIN at its sole discretion can expel a Member for any violation. WIN shall disclose to the Member the specific reason for expulsion. The expelled Member shall no longer have any right to website access or to any other Member privileges.
13.2. Appeals - Member may appeal, in writing, any of the above sanctions. To appeal, a Member shall do all of the following:
13.2.1. Submit a written statement addressing the specific accusation(s) against the Member.
13.2.2. Submit any/all evidence pertaining to the specific accusation(s).
13.2.3. Be available for a telephone or in-person interview to discuss the accusation(s).
13.2.4. Act in a professional manner at all times.
13.3. During an appeal, the sanction imposed shall stay in force until a final verdict has been rendered.
13.4. Once an appeal has been submitted, a committee of three (3) WIN staff representatives will review all documentation and issue a final decision by a majority vote.
Effective April 5, 2014