By using this website, you signify your agreement to the following terms
before using this website. The following terms and conditions apply to
your use of our website, which is owned and operated by us, and any information
that we may access through social media platforms such as Facebook. Winmark
Franchise Partners (“WFP”) or Winmark Corporation (“Company”)
are bound by any such revisions and should therefore periodically visit
use or access the website.
Disclaimer of Warranties
THE MATERIALS ON
www.winmarkfranchisepartners.com ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WFP AND COMPANY DO NOT WARRANT THAT THE FUNCTIONS OF THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WFP AND COMPANY DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
OR INFORMATION ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
OTHER WEBSITES CAN BE ACCESSED THROUGH THIS HOME PAGE (“THIRD PARTY
WEBSITE”). SUCH THIRD PARTY WEBSITES ARE EXTERNAL INTERNET ADDRESSES
AND MAY OFFER PRODUCTS OR SERVICES OF ORGANIZATIONS INDEPENDENT OF COMPANY.
COMPANY DOES NOT ENDORSE, APPROVE OR CERTIFY ANY INFORMATION, PRODUCT
OR SERVICE REFERENCED OR PROVIDED AT SUCH THIRD PARTY WEBSITES. TO THE
FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR
SERVICES OR PRODUCTS OFFERED OR SOLD ON ANY THIRD PARTY WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THIS OR ANY THIRD PARTY WEBSITE IS AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
WFP and Company disclaim any responsibility for the content of any third
party materials provided through or on the
www.winmarkfranchisepartners.com Internet site. WFP and Company desire to respect all copyrights and to
respond accordingly when notified of the infringement of those rights.
Therefore, and in compliance with 17 U.S.C. § 512, if you believe
that any such third party materials infringe your intellectual property
rights, please contact the following agent to request a review of the
alleged infringement: Winmark Corporation, Attn: Legal Department, 605
Highway 169 N, Suite 400, Minneapolis, MN 55441.
All materials incorporated in or accessible through this site, including,
without limitation, text, photographs, images, graphics, illustrations,
logos, button icons, audio clips, video clips, software, and other content,
and the compilation, collection, arrangement, and assembly thereof (including
the look and feel of this site), are protected by United States and international
copyright laws, and are owned or controlled by WFP, Company or by the
original creators of such materials or their respective assignees. Such
materials may be used as a resource for purchasing the products offered
through this site. Any other use of such materials, including any copying,
reproduction, modification, sale, distribution, transmission, republication,
downloading, display, posting, performance, or other exploitation thereof
by any means or medium without the prior written permission of WFP, Company
or other copyright owner is strictly prohibited. In the event of any permitted
use of such materials, including, without limitation, any copying, reproduction,
distribution, republication, downloading, or display thereof, you will
make no changes in or deletion of author attribution, trademark legend,
or copyright notice. No right, title, or interest in any such materials
will be granted or transferred to you as a result of any permitted use
of such materials.
Although this site is accessible worldwide, not all products or services
discussed or referenced herein are available to all persons or in all
Limitation of Liability
NEITHER WFP, COMPANY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT
OR OMISSION, EVEN IF WFP OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THIS WEBSITE OR THIRD PARTY WEBSITES. SUCH LIMITATION SHALL APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL WFP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO WFP FOR PRODUCTS SOLD
OR SERVICES RENDERED. WFP AND COMPANY ASSUME NO RESPONSIBILITY AND SHALL
NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES,
VIDEO, OR AUDIO FROM THIS WEBSITE.
You assume total responsibility and risk for your use of this website and
any Third Party Website accessed through this website. Your sole remedy
for dissatisfaction with this site or any products or services offered
through this site or any Third Party Website accessed through this website
is to stop using this website or such products or services.
Restrictions on Use of Materials
This website is owned and operated by WFP and Company. Permission is granted
to display and navigate around this website with a computer using HTML
browser software, solely for personal, non-commercial use. Any commercial
or public use of this website or any portion hereof is strictly prohibited.
Except as otherwise permitted by WFP and Company, no materials from www.winmarkfranchisepartners.com
or any website owned, operated, licensed or controlled by WFP or Company
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way. You may download material displayed on this
website for non-commercial, personal use only provided you also retain
all copyright and other proprietary notices contained on the materials.
You may not distribute, modify, transmit, reuse, repost, or use the content
of this website for public or commercial purposes, including the text,
images, audio, and video, without WFP or Company’s written permission.
WFP and Company neither warrant nor represent that your use of materials
displayed on this website will not infringe rights of third parties not
owned by or affiliated with WFP or Company.
This website is controlled and operated by Company from its offices within
the State of Minnesota, United States of America. WFP and Company make
no representation that materials on
www.winmarkfranchisepartners.com are appropriate or available for use in other locations. Those who choose
to access this website from other locations do so on their own initiative
and are responsible for compliance with local laws.
Trademarks/Service Marks and Copyrights
Trademarks/Service Marks and Copyrighted Images displayed on this website
are either the property of, or used with permission by, WFP or Company.
The use of these trademark/service marks and copyrighted images by you,
or anyone else authorized by you, is prohibited unless specifically permitted
herein. Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
All trademarks, service marks, trade names, logos, and icons used by WFP
and Company are proprietary to Company. Nothing contained on this website
should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark or service mark displayed on
this website without the written permission of Company or such third party
that may own the trademarks or service marks displayed on this website.
Your use of the trademarks or service marks displayed on this website,
or any other content on this website, except as provided herein, is strictly
We are very protective of our Winmark Franchise Partners® trademark
and other trademarks and service marks owned by Company. If they have
not been registered with the United States Patent and Trademark Office,
then we have applications pending. All use of these marks must be with
our permission. We will file appropriate legal actions to enjoin the unauthorized
use of these marks. Under the law, we would be entitled to collect your
profits, our actual damages and, perhaps, even our attorney fees.
Inquiries concerning use of WFP and Company’s trademarks, service
marks, trade names, logos, icons, copyrights or other intellectual property
should be addressed to Winmark Corporation, Attn: Legal Department, 605
Highway 169 N, Suite 400, Minneapolis, MN 55441.
Links to Other Websites and Connecting through Social Media
The website may contain hyperlinks to websites operated by third parties.
We do not control such websites and will not be responsible for their
content or for any breach of contract or any intentional or negligent
action on the part of such third parties, which results in any loss, damage,
delay or injury to you or your companions. Inclusion of any linked website
does not imply or constitute approval or endorsement of the linked website
by us. If you decide to leave the website to access these third-party
sites, you do so at your own risk. All rules, policies (including privacy
policies) and operating procedures of websites operated by third parties
will apply to you while on such sites. We are not responsible for information
provided by you to third parties.
Visiting the website or sending emails to us constitutes electronic communications.
You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide
to you electronically, via email and on the website, satisfy any legal
requirement that such communications be in writing. To opt out of receiving
email communications from us you may email us at firstname.lastname@example.org.
Any communications or material you transmit to this website by electronic
mail or otherwise, including data, questions, comments, or suggestions,
will be treated as nonconfidential and nonproprietary and will become
the property of Company or its affiliates. Such communications or material
shall be used for any purpose including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
Company is free to use any ideas, concepts, know-how, or techniques contained
in any communication you send to this website for any purpose whatsoever
including, but not limited to, developing and marketing products using
Indemnity and Release
www.winmarkfranchisepartners.com you agree to indemnify Company and its subsidiaries, affiliates, officers,
directors and employees and hold them harmless from any and all claims
and expenses, including attorneys’ fees, arising from your use of
www.winmarkfranchisepartners.com. By using
www.winmarkfranchisepartners.com you are hereby agreeing to release Company and its subsidiaries, affiliates,
officers, directors and employees from any and all claims, demands, debts,
obligations, damages (actual or consequential), costs and expenses of
any kind or nature whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against them
arising out of or in any way related to such disputes and/or to the products
Under no circumstances shall WFP or Company be held liable for any delay
or failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including, without
limitation, internet failures, computer equipment failures, telecommunications
equipment failures, other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages
of labor or materials, fires, flood, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals,
nonperformance of third parties, or loss or fluctuations in heat, light
or air conditioning.
Choice of Law and Forum
These terms and conditions of use shall be governed by and construed in
accordance with the laws of the State of Minnesota, United States of America,
excluding its conflicts of law rules. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these
terms and conditions of use of this website shall be filed only in the
state or federal courts located in the State of Minnesota, and you further
agree and submit to the exercise of personal jurisdiction of such courts
for the purposes of litigating such claim or action.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire
agreement between you and WFP and Company with respect to this website
and supersedes all prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and WFP and Company
with respect to this website. If any part of these terms and conditions
of use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties and the remaining portion shall
remain in full force and effect.
You agree that Company, in its sole discretion, may terminate your password
(if any) or use of the website, for any reason, including, without limitation,
may at any time without notice discontinue this website or any part of
it. You agree that any termination of your access to the website may be
effected without prior notice. Further, you agree that WFP and Company
will not be liable to you or any third party for any termination of your
access to this website.