TERMS OF USE

This website is owned by WFN Solutions and operated by its operating partners (collectively, "WFN", "we", "us" or "our"). These Terms of Use apply to the following websites (referred to individually as "Site"):

  • www.wfn.net
  • main.wfn.net

You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and WFN. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with WFN is also governed by WFN's Privacy Policy, which is also posted on this Site.

Amendments to Terms of Use

WFN reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. WFN shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Third Party Service Providers

WFN will use third party service providers to help develop and maintain this site, to provide specific services offered through this site, and to help service your Account. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by WFN. All references to WFN are deemed to include its agents and service providers. All agents and service providers of WFN will be authorized to use your personal information, including, but not limited to, your name, contact information, credit card number, and any other information you disclose or we collect, for purposes of operating the Site and furnishing services through the Site. Third party service providers and websites to which the Site is linked may have separate terms of use and privacy policies that you should review. The terms for the Dunkin Donuts' Center Arena site are at http://www.dunkindonutscenter.com/about-us/building-policies/

Password and Site Access

You are solely responsible for the security of online access to this Site and your Account, and you must take precautions to protect the confidentiality of your login information (collectively, your "Account"). You should not share your login information with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.

You must contact WFN immediately if you suspect unauthorized use of your login information or any other unauthorized activity on your Account, or if you lose your login information or a device programmed to use your login information. You are and will be responsible for all activities conducted on and with the Site that make use of your login information, and for any charges or fees incurred by the use of that login information, including any use by other persons or minors who use the site through your login information and including any use you may subsequently contend was not authorized by you. WFN may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account were placed or authorized by you.

Site Materials, Services and Software

Through this Site, WFN may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").

Site Materials may include images, audio and other content related to entertainment or sports events that are proprietary and protected by copyright and other laws, and any duplication, recording, downloading, reproduction or rebroadcasting of such Materials is strictly prohibited. WFN and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access and view Materials; and (b) use the tools and software on the Site (collectively, "Software") solely for your own informational, personal and non-commercial use. In these Terms of Use, all references to the "Site" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by WFN to you are retained by WFN, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted, are protected by patents pending and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of WFN, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other "hidden text" utilizing WFN's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to WFN by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of WFN.

Our trademarks and those of our business partners cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WFN. All other trademarks not owned by WFN that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WFN.

WFN and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Product Information and Pricing

All prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If WFN discovers an error in either pricing or availability it will seek to correct it. WFN and third party service providers reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

Orders

By ordering an item through the Site, you are agreeing to purchase the products selected. Your payment for the products ordered is due at the time you submit your order. When you submit your order, WFN or the relevant service provider will immediately charge your credit card for the products.

Privacy

We have a policy that addresses this issue. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. Privacy Policy. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. Third party service providers and websites to which the Site is linked may have separate privacy policies that you should review.

Third Party Information

Please be aware that when you are on the Site, you could be directed or provided access to other sites that are beyond WFN's control. WFN is not responsible for the use or content of any linked site or any link contained in a linked site owned or controlled by a third party. WFN reserves the right to terminate any link or linking program at any time. WFN provides such links only as a convenience to you. WFN has not endorsed, tested or verified all information, programs, offers, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, make any purchase from any third party sites, and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

WFN may provide you information from third parties as part of this Site. Unless expressly stated, WFN does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that WFN is not responsible for third party information accessible through this Site.

Territory

WFN operates this Site from its office within the United States. WFN makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY WFN "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE WFN, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.

YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND WFN MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. WFN ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WFN, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

WFN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF WFN'S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

TERMINATION

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

WFN may terminate your access to this Site at any time and for any reason without prior notification. Additionally, WFN may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and WFN' rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and WFN related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of the County of Kent, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of WFN to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WFN in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will effect the other provisions of these Terms of Use.

Indemnity

You agree to indemnify and hold WFN, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet or WiFi access.

Miscellaneous

  • Our policies are entire and exclusive. No verbal statements or representations are binding on WFN.
  • You may not change - such as by amendment or modification - any of our policies at all without our prior written consent.
  • We may assign our rights, duties and obligations under these Terms of Use at any time and without any notice to you.

Complaints and Violations

If you have any complaints or wish to report any violation of these Terms of Use, please Contact Us at wfn.privacy@crt-a.com

Our Contact Information

  • WFN
  • c/o CRT & Associates, Inc.
  • 806 Hastings Street
  • Suite D - 8
  • Traverse City, MI 49686

Effective Date: April 18, 2012

8224816-5

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