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These Winpossible websites are owned and operated by Excellere Ventures Inc., a Delaware corporation. Please read these Terms & Conditions carefully before using this or any of the other Winpossible websites. In these Terms & Conditions, Excellere Ventures Inc. is referred to as "Excellere," "we," "us," or "our" and you the end user are referred to as "you" or "your".

By using the Winpossible websites, you signify that you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, you are not authorized to use the Winpossible websites. Excellere may terminate your access to the Winpossible websites at any time, with or without notice, for any violation or suspected violation by you of these Terms & Conditions.

We reserve the right, at our discretion, to modify these Terms & Conditions or our Privacy Policy at any time. Your continued use of the Winpossible websites after we have posted notice of changes to these Terms & Conditions constitutes your agreement to such changes.
 
Authorized Use of Winpossible Website Content
 
If you are registered or enrolled in any of our online courses and related services ("Online Courses") you may download and make machine-readable or print copies of the Online Course content solely for educational, noncommercial use a) by you, personally, b) by students who are enrolled in that Online Course, or c) by students who are within the scope of an online classroom set up for that Online Course. Excellere reserves all rights not expressly granted to you in these Terms & Conditions.

Except as expressly permitted under these Terms & Conditions, you may not copy, reproduce, republish, upload, post, transmit, or distribute any content from the Winpossible websites, including the Online Courses. You may not modify or distribute any part of the Winpossible websites, including the Online Courses, over another website or any network or otherwise provide access to any other person.

 
Registration and Enrollment
 
Portions of the Winpossible websites are currently freely accessible. Other portions are restricted to those who have registered and/or paid for access ("Restricted Areas"). To access such restricted areas, you must provide your login name and select a password. All registration and enrollment information must be accurate complete and promptly updated by you whenever it changes.

In addition you agree that: (1) you will provide only your own name to obtain login name and password; (2) you will not falsify your name or information, submit bogus information, or impersonate another person; (3) you will use only your own login name and password to gain access to the Restricted Areas; (4) you are responsible for maintaining the confidentiality of your password; (5) you will not aid anyone in gaining unauthorized access to Restricted Areas; and (6) you will only access or try to access Restricted Areas to which we have granted you access.

You agree to notify Excellere of any known or suspected unauthorized use(s) of your user name, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your login name and password as soon as possible after discovery.
 
Order Acceptance And Payment
 

All orders are subject to acceptance by Winpossible.com. An order will be deemed accepted when written (email) confirmation of the order is sent to the User. Winpossible.com may refuse to accept, or delay, any order at their discretion.

Payment and Terms: Payment shall be made to Winpossible.com in U.S. dollars only. Payments are due upon account activation and future account renewal, and may be made using a valid credit card. Invoice will be raised on monthly cycle basis until User cancel enrollment. If shortfalls in payment to Winpossible.com of the full invoice amount occur due to bank fees, transfer fees, or the like, Winpossible.com will re-invoice the User for the shortfall. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by Winpossible.com within three (3) days after account activation or renewal, Winpossible.com may discontinue, withhold or suspend services to the User.

In case of cancellation of enrollment by the User, the User should take necessary steps to retrieve the information prior to cancellation. If by exception User asks winpossible for a copy of the information, it is possible that winpossible.com can provide the information for an additional fee (to be determined at the time of request but could include data restoration and custom service fees). However, winpossible.com does not guarantee that it will be able to provide the information to the User after the date of cancellation.

Should any User attempt a chargeback for the course knowingly purchased; Winpossible.com shall immediately close the access of course(s) for that user and will pursue legal recourse against the User to recoup any and all losses. If a chargeback occurs as a result of user error, a $20 fee will be assessed on top of the full chargeback amount.

Should a User follow standard procedures (as defined above) and cancel enrollment with Winpossible.com, they are entitled to a refund equivalent to the period of time that has been paid for, but not used. This refund is calculated based on pro rate monthly cycle charges, depending on the course that was ordered.

Billing Cycle: the Billing Cycle for any and all the services commence the day services/courses were ordered. Winpossible.com shall not, change the Billing Cycle for a course or service.

The User is responsible for providing Winpossible.com with the proper, correct Billing and Payment Information. In addition, it is the responsibility of Users to keep relevant contact information; especially email addresses (up to date and current). Winpossible.com conducts all communication with Customers via email, including support, billing and network administration communication. Therefore, a current and active email address with Winpossible.com is to be ensured by the User and it is absolutely essential. Any and all fees incurred due to incorrect Billing and/or Payment information are the sole responsibility of the user. As User has access to relevant information on file, and therefore has every opportunity to update this information, via the Winpossible.com “My Profile” link.

Courses that have remained closed for 3 days are deleted from the enrolled courses in users account. If, after 3 days, User desires to reactivate the course, it needs reenrollment.

If Winpossible.com collects any due payments at law or through an attorney at law or under advice from a collection agency, or if Winpossible.com prevails in any action to which the User and Winpossible.com are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Winpossible.com’s reasonable attorney and collect agency fees.

 
Code of Conduct & Privacy Policy
 
If you are enrolled in one of the Online Courses, you agree to comply with our Privacy Policy, which is incorporated by this reference. Please read it now by clicking on the website link.

In connection with using the Winpossible websites, you agree:

  • To use only your own login name and password and not to divulge these to anyone.
  • That you are solely responsible for any statements that are uploaded using your user name.
  • Not to aid anyone in gaining unauthorized access to password-protected Winpossible websites.
  • Not to publicly post your personal contact information (e.g., address or telephone number) or anyone personal information identifying anyone else.
  • Not to publicly post any messages those were sent to you privately.
  • Not to post any messages or materials anonymously or under a false name except for the express purpose of collaborative writing.
  • Not to upload to, distribute through, or otherwise publish through Winpossible websites any content that is libelous, defamatory, obscene, pornographic, threatening, and invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in Excellere’s sole discretion.
  • Not to upload another party's content unless you have obtained appropriate copyright or other permission to upload such content and to permit downloading by other users for personal, educational, noncommercial use.
  • Not to violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, or proprietary rights.
  • Not to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods, services or membership.
  • Not to upload any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt or damage another party's computer.
  • Not to upload chain letters, pyramid schemes, surveys, contests, charity requests or petitions for signatures.
  • Not to interfere with, restrict, or inhibit other users of the Winpossible websites.
  • Not to upload insults or attacks of any kind against another person.
  • Not to upload material in violation of any law or any legal rights of others, including without limitation the right of publicity, privacy, or intellectual property rights.
  • Not to upload of viruses, worms, Trojan horses or other files that may damage the operation of the Winpossible websites or another users' computer.
  • Not so engage in any behavior that would violate the rules of your school or other Sponsoring Organization.
 
Discussions, Chats, Message Boards, and Public Communication
 
Excellere may, but is not required to, monitor, edit, delete or disclose the contents of a user's email or threaded discussions or other online forums as required for normal maintenance of any of the Winpossible websites or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Excellere; (2) protect and defend the rights or property of Excellere; (3) protect the personal safety of other Excellere website users or the public; or (4) to ensure compliance with our Terms & Conditions.

Please keep in mind that whenever you give out personal information online, for example, via message boards, forums, or chats, that information can be seen by people that you do not know, such as other students who use Winpossible websites.

 
License to Submissions
 
By uploading or posting any information or content to the Winpossible websites into chats, message boards, or other forms of public communication or by submitting any coursework, emails, or materials to Excellere, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce and create derivative works of, modify, adapt, publish, translate, create derivative works from, and distribute such materials including derivative works thereof on a stand-alone basis or in combination with other materials.
 
Copyright Infringement
 
If you believe that your work has been used or is accessible on Winpossible websites in a way that constitutes copyright infringement, you may notify Excellere by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit Excellere to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Excellere’s agent for notice of claims of copyright infringement for the Winpossible websites can be reached by mail at: support@winpossible.com

 
Warranty Disclaimers
 
Excellere recognizes the value of providing accurate and timely content. However:

The Winpossible websites are provided "as is" and without warranties of any kind either express, statutory or implied. Without limiting the foregoing, Excellere wants to ensure that you understand that there are no warranties:
  1. That access to the Winpossible websites will be error free or uninterrupted;
  2. That the information on the Winpossible websites will be accurate, complete or reliable;
  3. That the Winpossible websites will be free of any virus, worm, trojan horse or other harmful software code; or
  4. Of title or non-infringement.
Excellere hereby disclaims any and all implied warranties in connection with the Winpossible websites, including without limitation of merchantability and fitness for a particular purpose.
 
Disclaimer as to Third Party Web Sites
 
Excellere also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from Winpossible websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Excellere is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements.

Excellere does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Winpossible websites. Excellere does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.

 
Limitation of Liability
 
Excellere, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to Winpossible websites or Excellere content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any Winpossible websites, including without limitation as a result of breach of any term of this agreement.

Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event will Excellere’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any Excellere website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to Excellere, if any, for accessing the Winpossible websites.
 
Indemnity
 
You agree that you will indemnify and hold harmless Excellere and its directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the Winpossible websites, including but not limited to any information or content that you post on any of the Winpossible websites.
 
Copyright
 
COPYRIGHT ©: Excellere Ventures Inc. 2006. All rights reserved. Everything you see or read on the Winpossible websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the written permission of Excellere.
 
Trademarks
 
The trademarks, logos, and service marks displayed on the Winpossible websites are registered and unregistered trademarks of Excellere, its affiliates and other third parties.
 
General
 
These Terms & Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms will be filed only in the state or federal courts located in New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms & Conditions are unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from these Terms & Conditions and will not affect the validity and enforceability of any remaining provisions. If any term or statement on the Winpossible websites conflicts with or is contrary to these Terms & Conditions, these Terms & Conditions will control.
 
Contact Information
 
If you have questions or concerns regarding these Terms & Conditions, please contact our support at support@winpossible.com
 
     
 
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