Terms of Use

THE GAMES AVAILABLE FOR YOUR USE ON THE WEBSITES AND APPS ON WHICH THESE TERMS OF SERVICE (“Terms”) RESIDE (COLLECTIVELY, THE GAMES, WEBSITES AND APPS ARE “THE SERVICE”) ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE GAMES DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THESE GAMES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY. PRACTICE OR SUCCESS AT SOCIAL CASINO GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING. By using the Platform, you certify that you are at least 21 years of age.

Winistry’s Services that include slots games, ie. “Slot A Day, Year of Slots, MegaHot Slots, Slots to Vegas, and Slots Boss” are intended for use by those 21 or older for amusement purposes only. All other Winistry Services are intended for use by those are 13 years old or older. You declare that you are 13 years old or older. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to these Terms.

‍Acceptance of Terms
‍The Terms of Service ("Terms") you are reading are a legal agreement between Winistry ("Winistry") and yourself ("you"). By accessing or using any Winistry application or game ("Service") you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.Winistry reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service.If you violate the Terms, Winistry reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Winistry need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion.You agree that Winistry may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

‍Account information
‍During the process of creating an account to access the Service (”Account”), you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Winistry will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;

In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Winistry and modify your Login Information;
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You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;

You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.

You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.

Winistry reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with Winistry’s Privacy Policy. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

‍License
‍Subject to your agreement and compliance with these Terms, Winistry grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever.

You agree not to download, display, use, copy, redistribute, publish, or otherwise exploit any Content located in the Service for use in any publications, in public performances, on websites other than this Service, for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content that appears in this Service.

You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.

Account Termination
‍Winistry may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or Winistry’s intellectual property as determined by Winistry in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of Winistry for any damage that may result from the foregoing.

In addition to the foregoing, Winistry may selectively remove, revoke Benefits associated with your account. "Benefits" mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnished from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.

You acknowledge that Winistry is not required to provide you notice before suspending or terminating your account or selectively removing or revoking Benefits associated with your account. In the event that Winistry terminates your account, you may not participate in any of the Services again without Winistry’s express permission. Winistry reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account in error, please contact us at: biz@winistry.com.

‍Virtual Currencies and Goods
The Service may include an opportunity to purchase virtual, in-game currency ("Coins") that may require you to pay a fee using real money to obtain the Coins. Coins can never be redeemed for real money, goods, or any other item of monetary value from Winistry or any other party. You understand that you have no right or title in the virtual in-game items, spins or Coins.

Your purchase of Coins is final and is not refundable, transferable or exchangeable, except in Winistry's sole discretion. You may not purchase, sell, or exchange Coins outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. Winistry retains the right to manage, control, modify and/or eliminate Coins or any other form of virtual currency at its sole discretion. Prices and availability of Coins are subject to change without notice.

Coins may only be held by legal residents of countries where access to and use of the Services are permitted. Coins may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Coins for any reason. When you purchase Coins, they will reside in your account ("Game Account") until discharged through use of the Service. When purchasing Coins or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Coins and/or other content are final.

Winistry may determine and modify the permissible uses and in-Game value of Virtual Goods and Game Currency at any time in its sole discretion. Company makes no guarantee that the Virtual Goods or Game Currency will be available, nor that they will be usable for any particular Game, function or feature, regardless of whether they were usable for such Game, function or feature at time of purchase.

If your Game Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to payment provider policy. Other than charges to your Game Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or Game Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS OR GAME CURRENCY IF YOUR LICENSE TO USE THOSE ITEMS IS TERMINATED OR YOUR ACCOUNT CLOSED, REGARDLESS OF REASON AND REGARDLESS OF WHETHER SUCH TERMINATION OR CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

‍Rules of Conduct and Usage

‍You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.

You undertake that you shall not defraud, or attempt to defraud, Winistry or other users, and that you shall not act in bad faith in your use of the Service. If Winistry determines that you do act in bad faith in violation of these Terms, or if Winistry determines that your actions fall outside of reasonable community standards, Winistry may, at its sole discretion, terminate your account and prohibit you from using the Service.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Create an account with or access the Service if you are under the age of 13;
Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
Upload or transmit (or attempt to upload or to transmit), without Winistry’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
Improperly use support channels or complaint buttons to make false reports to Winistry;
Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
Deal with Coins in a manner that violates these Terms, including transferring Coins to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services;
Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without Winistry’s written permission;
Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without Winistry’s written permission;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
Attempt to use the Service on or through any service that is not authorized by Winistry. Any such use is at your own risk and may subject you to additional or different terms. Winistry takes no responsibility for your use of the Service through any service that is not authorized by it;
Post or communicate any person's real-world personal information using the Service;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.

‍Intellectual Property (IP) Ownership
‍Winistry retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Winistry's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Winistry. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
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Winistry and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.

‍Disclaimer of Warranty; Limitation of Liability

‍You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Winistry, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Winistry makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:
(i) Errors, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of Winistry’s secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will Winistry, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Winistry has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Winistry shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold Winistry, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with
(i) Your use of and access to the Service;
(ii) Your violation of any term of these Terms;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) Any claim that a user submissions made by you has caused damage to a third party; or
(v) Any User Content you post or share on or through the Service.

‍Mobile App Users

‍The use of the Winistry Service requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Winistry, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Service, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Service.

Winistry may, at its discretion, automatically download Service updates to your device from time to time. You agree to accept these Service updates, and to pay for any costs associated with receiving them. The Service may not work with all devices or all mobile carriers. Winistry makes no representations that the Service will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Service, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

‍Users of the Apple Service

‍If you download and use our iPhone or iPad App: You, the end-user of this Service, acknowledge that this agreement is entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Service and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Service. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Platform is considered the “Licensed Application” as defined in the LAEULA and Winistry is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Service (including, without limitation, a third party claim that the Service infringes that third party’s intellectual property rights) or your use or possession of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

‍Export Controls

‍The Service is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service. These laws include restrictions on destinations, end users and end use. You may not use or otherwise export, re-export, divert, transfer, or disclose any portion of the Service or any related technical information or materials, directly or indirectly, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported, re-exported, diverted, transferred, or disclosed (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law.

‍Privacy and Location Based Services

‍Winistry respects the privacy of visitors to our Service. On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read ofor more information about our information collection and use practices. You acknowledge and agree that this Privacy Policy, including but not limited to the manner in which Winistry collects, uses, and discloses your personally identifiable information, applies to information you submit in this Service is incorporated and made a part of these Terms, and that you hereby agree to the terms of that Policy. If you do not agree to each and every part of Company’s Privacy Policy, then you should not use the Platform.

In addition, this Service may use location-based services to locate you. If you choose to use the location-based services portion of this Service, you consent to Winistry and/or its third party provider accessing your approximate or exact location. You also grant Winistry permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Winistry believes you may be interested, including working with third parties who provide targeted advertising content.

‍Agreement to Arbitrate and Class Action Waiver

‍By agreeing to these Terms, you also agree to binding arbitration of any and all claims (regardless of the date of accrual of such claim) arising out of or in connection with these Terms or the Service pursuant to the Federal Arbitration Act and subject to the terms below. Your agreement covers claims that arose prior to, as well as those that may arise after, the effective date of the Agreement To Arbitrate. You and Winistry agree that we intend that this Section 19 satisfies the “writing” requirement of the Federal Arbitration Act and further agree that, notwithstanding any other provision of the Terms, the Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement To Arbitrate.

If a dispute arises or has arisen between you and Winistry regarding a claim, you and we agree to alternative dispute resolution. Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. If any controversy, allegation or claim arises out of, has arisen out of, or relates to the Platform or these Terms, your decision to enter into these Terms, or any additional matters within the scope of this Agreement to Arbitrate (collectively, “Dispute(s)”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to:
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Winistry Inc.
Attn: General Counsel
Incorporating Services Ltd.
3500 S. DuPont Highway
Dover, DE 19901

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Dispute, although neither party is required to resolve such dispute on terms which each party, in its sole discretion, deems unsatisfactory.

‍19.2 If we cannot resolve a Dispute within sixty (60) days of receipt of such notice, then either you or we may elect to submit the Dispute to binding arbitration as hereinafter described. WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

Further, you and Winistry agree that, should the resolution of the Dispute occur in arbitration, such Disputes will be arbitrated only on an individual basis and NOT A CLASS-WIDE BASIS. ARBITRATION OF THE DISPUTE BETWEEN THE COMPANY AND YOU will not be consolidated with any other arbitration or other proceedings that involve any OTHER PARTY’S claim or controversy. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this arbitration provision holds that this restriction, limiting the arbitration to Disputes between you and Company, is unenforceable, then our agreement above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to section named “General” below.

Should either you or Winistry elect to resolve the Dispute by way of binding arbitration, the arbitration shall proceed in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except that in no event shall the arbitration proceed as a class or representative action. If the Dispute has a claimed value of not more than $5,000,000, then the arbitration will be heard and determined by a single, neutral arbitrator who is a retired judge or a lawyer with not less than ten (10) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s then-current Supplementary Procedures for Consumer Related Disputes (however then-titled). If the Dispute has a claimed value of more than $5,000,000, then the arbitration will be heard and determined by a three (3) member panel, with one member to be selected by each party and the third (who will chair the panel) selected by the two (2) party-appointed members or by the AAA in accordance with the then-current Commercial Arbitration Rules (however then-titled). The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms, will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award.

If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which you and a legal officer of Company consent in writing, except, as noted above, that in no event shall the arbitration proceed as a class or representative action. The substantive practice area requirements for the arbitrator and the $5,000,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above will also apply to any such arbitration under JAMS or other arbitration service.

You can obtain AAA and JAMS procedures, rules, and fee information as follows:
AAA: 1.800.778.7879 or www.adr.org
JAMS: 1.800.352.5267 or www.jamsadr.com

All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The parties may agree to conduct the arbitration proceedings electronically (including via telephone or video conference) or purely based on written submissions. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules (including any rules regarding hardship), but if applicable arbitration rules or laws require Winistry to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, or if the arbitrator(s) determine that you would experience an extreme hardship by paying your share of arbitration fees and costs prior to resolution of the Dispute, then Winistry will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute and must provide a statement of the essential findings and conclusions on which the decision and award (if any) are based. The arbitrator may award the prevailing party attorneys’ fees and costs in its discretion and consistent with applicable law.

Notwithstanding the foregoing, either party may seek temporary injunctive relief to preserve the status quo or to prevent imminent or stop ongoing harm from the court specified below in “General” or any other court that otherwise possesses jurisdiction over the parties until an arbitrator can be empaneled and can determine whether to continue, modify or terminate that relief. Actions to compel arbitration pursuant to this Agreement to Arbitrate or to enforce an arbitral award rendered pursuant thereto may be brought in any court specified in Section 20 or that otherwise possesses jurisdiction over the parties.

NOTWITHSTANDING THE FOREGOING OR ANY OTHER TERMS TO THE CONTRARY, IN THE EVENT A DISPUTE ARISES OR HAS ARISEN BETWEEN YOU AND THE COMPANY THAT IS NOT ARBITRATED FOR ANY REASON, YOU AGREE THAT SUCH DISPUTE will be resolved individually, without resort to any form of class action. YOU FURTHER agree to irrevocably waive ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS PLATFORM AND/OR THESE TERMS.

‍General

‍These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflict or choice of laws principles. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to these Terms. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (AND RECOVERY SHALL BE LIMITED TO THAT ONE-YEAR PERIOD) OR BE FOREVER BARRED.

Subject to the provisions above, all disputes arising out of or connected with these Terms or the Platform must be brought exclusively in the federal or state courts located in Marin County, California, and the parties hereby submit to the jurisdiction thereof.

Winistry reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

If you do not agree with the terms and conditions of this document, please discontinue using any of Winistry Inc.’s services. If there are any questions regarding these Terms and Conditions you may contact us to the following address: help@winistry.com