TERMS AND CONDITIONS OF USE:

Thank you for visiting our website. If you want to use
www.amyfoxwell.com, www.winwinrestaurantmarketing.com or any other subdomains, you must agree to conform to and be legally bound by the terms and conditions described below.

Your use of our Internet sites or any of the products or services offered on those sites (collectively, the “Services”) is subject to these Terms of Use (these “Terms”). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend or terminate your access to all or any part of our Services;
  2. Change, suspend or discontinue all or any part of our Services;
  3. Refuse, move or remove any material that you submit to our sites for any reason;
  4. Refuse, move, or remove any content that is available on our sites;
  5. Deactivate or delete your accounts and all related information and files in your account;
  6. Establish general practices and limits concerning use of our sites

You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

IF YOU DISAGREE WITH ANY OF THESE TERMS
OR CONDITIONS, DO NOT USE OUR WEBSITE.

CONTENT OWNERSHIP

All content on our website is owned by us or our content
suppliers. On behalf of ourselves and our content suppliers, we claim
all property rights, including intellectual property rights, for this
content and you are not allowed to infringe upon those rights. We will
prosecute to the fullest extent of the law anyone who attempts to steal
our property.

You agree not to copy content from our website without our
permission. Any requests to use our content should be submitted to us
by e-mail to [email protected]

If you believe that your intellectual property rights have
been infringed upon by our website content, please notify us by sending
an e-mail to [email protected], or by sending mail to
us at the address listed below. Please describe in detail the alleged
infringement, including the factual and legal basis for your claim of
ownership.

Content On Our Sites
Our sites include a combination of content that we create, that our partners create and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please email [email protected]
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
We do not guarantee the accuracy, integrity or quality of the content on our sites. You may not rely on any of this content, including, but not limited to, product reviews, white papers, product descriptions and stock quotes. Without limitation, we are not responsible for postings by users in the user opinion, message board or feedback sections of our sites. Our sites also contain information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary. You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Your Use of Third Party Sites
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site.
We do not sell, resell or license any of the products or services that we review or list on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.

Win Win Restaurant Marketing’s Fee-Based Services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in US dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.

In the case that fees are not paid, all services will cease, including monthly delivery of materials, access to members only portions of the site, access to events and tele-seminars, website services, etc. Any existing support such as newsletter services will also cease.

Privacy Policy
All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy.

Your Conduct On Our Sites
If we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorised use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and software underlying our sites and the Services is the property of Foxwell Associates, our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
  2. Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
  8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
  9. Collect or store personal information about other end users;
  10. Interfere with or disrupt our sites, servers or networks;
  11. Impersonate any person or entity, including, but not limited to, a Win Win Restaurant Marketing representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;
  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
  14. Engage in any illegal activities

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”), only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorised access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Win Win Restaurant Marketing for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.

Community Rules
The following conduct is not allowed on our site, in forums, user profiles, talkback, private messages, feedback forms, user reviews, comments or ratings:

  • Offensive Material: Users may not transmit or encourage others to transmit material or links to material considered patently offensive in nature. This includes, but is not limited to using vulgar, profane, or sexually explicit language; using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult; using threatening, harassing, defamatory, hate-speech, or libellous language; and posting, requesting, or otherwise sharing material considered pornographic, obscene, graphic or hate speech.
  • Vulgar language or substitutes for such: Our Service is programmed with a list of words that are considered vulgar under any context, and these words are not allowed to be used under any circumstances. Attempting to bypass the censor by misspelling, inserting spaces or symbols, transposing letters, using look-alike symbols, or any other method is not allowed. Taking advantage of any limits in the Service’s language filtering capabilities is not allowed. Any limits in such filters shall not be taken as permission to bypass rules regarding vulgar language.
  • Flaming: Communications clearly insulting other users, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: name-calling; direct insults and orders ; insinuations ; or insults towards family.
  • Trolling (Inciting flames): Messages intended solely to annoy and/or offend other users by going against the clear nature of a forum, topic or article are not allowed. This includes, but is not limited to: provoking other users to respond with flames; provoking fans of a particular technology, especially on forums or articles dedicated to that technology; making misleading titles; asking obviously useless questions; and posting false information as fact.
  • Illegal activity: Communications that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing: illegal copies of copyrighted software; methods of circumventing copyright protection; illegal copies of copyrighted music, movies, videos, or any other type of media; reprints of material from other web sites; or methods of cheating in online games.
  • Advertising: Messages that clearly advertise a service or product are not allowed. This includes, but is not limited to: unsolicited commercial or personal web site advertisements; :For-Sale/For-Trade/For-Auction/Wanted: notices; “Make Money Fast” scams, chain letters, and pyramid schemes; or any referrer-ID based sites. Users are allowed to include their web site address in a signature, request comments on their personal site in a social setting, or provide, only once, an interesting or relevant link to another site.
  • Off-topic postings: The main purpose of the message boards and user feedback sections within the Service is to provide discussion forums and opportunities to do with various technology products and services. Topicality is expected and will be enforced on all message boards and chat rooms not noted as purely social in nature.
  • Disruptive Behaviour: Behaviour that disrupts the Service for other users, intentional or not, is prohibited. This includes, but is not limited to: messages or topic titles that force browsers to scroll horizontally; large blank or content-free messages; “bumping” multiple older topics (posting in them well after the last post); posting multiple identical or near-identical messages or topics, including “fad” posts or topics; intentionally hard-to-read topic titles or posts (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation); posting multiple hard-to-read or nonsensical messages in a single or multiple topics; posting large ASCII art (except in social topics specifically calling for it); or post counting (i.e. “First”, “100th Post”). Shouting or otherwise creating noise in an active voice channel is considered disruptive behaviour.
  • Flooding, Invading, and Board Wars: Flooding a board with multiple disruptive topics or messages; invading another board (flooding a board as a group with multiple topics or messages); instigating, participating in, or retaliating in an invasion of a message board or any other online service; announcing or inciting a “war” or any conflict with the regular members of another board.
  • Impersonation: Impersonating other users by creating and/or using a user account with a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another member is strictly prohibited.
  • Harassment/Stalking/Privacy: Continual harassing behaviour directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the Service, with or without use of explicit or implicit threats is strictly prohibited. Posting contact or other private information of any person (Service user or not) is also prohibited.

Indemnification
You hereby agree to indemnify, defend and hold Foxwell Associates, and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Foxwell Associate Party connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

  1. Your use of our sites;
  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorised by you;
  3. The content, quality or performance of content that you submit to our sites;
  4. Your connection to our sites;
  5. Your violation of these Terms; or
  6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Disclaimers
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration
Foxwell Associates may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Maryland, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Maryland USA necessary to protect the rights or property of you or Foxwell Associates. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Foxwell Associates and govern your use of our sites, superceding any prior agreements that you may have with us. These Terms shall be construed in accordance with the laws of Maryland USA, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Maryland, USA if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The information on our website is provided on an ”as is,”
”as available” basis. You agree that your use of our website is at
your sole risk. We disclaim all warranties of any kind, including but
not limited to, any express warranties, statutory warranties, and any
implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. We do not warrant that our website will
always be available, access will be uninterrupted, be error-free, meet
your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied
upon and should not to be construed to be professional advice from us.
We do not guarantee the accuracy or completeness of any of the
information provided, and is not responsible for any loss resulting
from your reliance on such information.

If your jurisdiction does not allow limitations on warranties,
this limitation may not apply to you. Your sole and exclusive remedy
relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for
any direct, indirect, incidental, consequential (including damages from
loss of business, lost profits, litigation, or the like), special,
exemplary, punitive, or other damages, under any legal theory, arising
out of or in any way relating to our website, your website use, or the
content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating
to our website shall not exceed one hundred ($100) dollars and that
amount shall be in lieu of all other remedies which you may have
against us or our affiliates. Any such claim shall be subject to
confidential binding arbitration as described later in these terms and
conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content
that you receive or view from others while using our website. However,
if you do receive or view such content, please contact us by e-mail
to [email protected] so that we can investigate the
matter. Although we are not obligated to do so, we reserve the right to
monitor, investigate, and remove obscene or offensive material, or any
other material, posted to our website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and
hold Foxwell Associates LLC, the owner of the web site, and all
officers, associates, employees and affiliates harmless from
any liability, loss, claim and expense, including reasonable attorney’s
fees, arising from your use of our website or your violation of these
terms and conditions.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE
RESOLUTION

You agree to obey all applicable laws while using our website.

You agree that the laws of Maryland govern these terms and
conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding
any intellectual property right infringement claims we pursue against
you, shall be settled solely by confidential binding arbitration per
the American Arbitration Association commercial arbitration rules. All
claims must arbitrate on an individual basis, and cannot be
consolidated in any arbitration with any claim or controversy of anyone
else. All arbitration must occur in Anne Arundel County, Maryland, In
the United States of America. Each party shall bear one half of the
arbitration fees and costs incurred, and each party is responsible for
its own lawyer fees.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are
determined by a court of competent jurisdiction to be invalid or
unenforceable, that part shall be limited or eliminated to the minimum
extent necessary so that the remainder of these terms and conditions
are fully enforceable and legally binding.

PRIVACY POLICY IS PART OF THESE TERMS AND
CONDITIONS

Our privacy policy is part of, and subject to, these terms and
conditions of use. You may view our privacy policy on
http://amyfoxwell.com/win-win-restaurant-marketing/privacy-policy.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND
CONDITIONS

Our anti-Spam policy is part of, and subject to, these terms
and conditions of use.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are
made, they will be effective immediately, and we will announce the
change in a timely fashion by a notice posted on our website’s home
page of the changes that have been made. If you disagree with the
changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any
reason and at any time without notice.

If you are concerned about these terms and conditions of use, you should
read them each time before you use our website. Any questions or
concerns should be brought to our attention by sending an e-mail to
[email protected], and providing us with information relating to
your concern.

LICENSEE STATUS

You
understand and agree that your use of our website is limited and
non-exclusive as a nontransferable revocable licensee. We may terminate
your license to use our website, and access to our website, for any
reason, and without giving you notice.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of
use should be brought to our attention by e-mail to [email protected],
and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Foxwell Associates, LLC
1169 Tanager Drive
Millersville, Maryland   21108
USA

ENTIRE AGREEMENT

These terms and conditions, including the policies
incorporated herein by express reference, constitute your entire
agreement with us with respect to your use of our website.

This Terms and Conditions of Use was last updated on
December 4th, 2010.

RETURNS POLICY:

You’ll absolutely love our products and services. However, you’re fully protected by a 100% money-back return policy. Here’s how it works…

If for some reason you’re dissatisfied at any time during the first 30 days after purchase, simply return all products we shipped to you, delete all digital video, audio, and text files you obtained from us, and ask for a full refund. You’ll get your money back. That’s a firm promise and commitment.

In order to obtain a full or partial refund under this policy, physical products should be shipped at your expense to the address listed below, must include your purchase information (such as a copy of your receipt) so that we can make a refund, and the products should be in merchantable condition (i.e. we could resell them because they’re in good condition). Returned physical or digital products are subject to a handling/re-stocking fee equivalent to 10 % of the purchase price.

E-mail your refund requests to [email protected] Please include the words “Refund Request” in the subject line of your e-mail.

Send your written refund requests by mail to:

Foxwell Associates
Attn: Returns Department
1169 Tanager Drive
Millersville Md 21108
USA

To serve you and other customers better in the future, we request (but do not require) that you tell us why you want a refund. We want satisfied customers.

Please remember that asking for a refund but continuing to use the products purchased from us is the same thing as stealing and may also violate applicable intellectual property rights law.

This Returns Policy was last updated on 22 January, 2011.