1. ACCEPTANCE OF
Nach””Company”, “we” or “us”). The following
access to and use of www.winkcig.com(“Website”), including any
content, functionality and services offered on or through the Website, whether
you begin use of the Website. By clicking to accept, consent, or agree to the
arbitration provision and waiver of jury trial rights. Please read Section 17
to learn more.
This Website is offered and available to users who are eighteen (18) years of
age or older. Minors are prohibited from access to this Website. Any attempted
purchase of a good by a minor may be referred to relevant authorities for
In the event of purchase of our products, you agree that you shall not use our
products for any illegal or unauthorized purpose. If you are in a jurisdiction
or territory in which access to the Website or its content is illegal, you must
not access or use the Website. Na Nach Research holds no liability for your
violation of applicable laws and you assume the risk of use of the Website.
By using this Website, you represent and warrant that you are of legal age to
form a binding contract with Na Nach Research and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you
must not access or use the Website.
2. CHANGES TO THE
All changes are effective immediately upon posting to the Website and apply to
all access to and use of the Website thereafter. Your continued use of the
when you access this Website so that you are aware of any changes, as they are
binding on you.
3. ACCESSING THE
reserve the right to withdraw or amend this Website, and any product or service
we provide on the Website, in our sole discretion, without notice. We will not
be liable if for any reason all or any part of the Website is unavailable at
any time or for any period. From time to time, we may restrict access to some
parts of the Website, or the entire Website, to users.
4. CHANGES TO THE
update the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Website may be
out of date at any given time, and we are under no obligation to update such
5. ONLINE ORDERS
placing an order on our Website, You are offering to purchase whatever
products, goods, and/or and services you select.
We reserve the right to accept or reject any order in our own discretion. In
the event of acceptance of your offer, you will receive a confirming email at
the email address that you provide to us during checkout.
5.1 PAYMENT TERMS
applicable prices are set forth alongside the goods, products, and services
offered on the Website. They may differ from the prices offered elsewhere,
either online or offline, by us or by our distributors for the same products
and/or services. Such prices are subject to change at any time by us in our
sole discretion. You will be responsible for the prices stated at the time of
your transaction, as well as any: (i) sales, use, excise, and related taxes;
and (ii) shipping and handling charges. Payment may only be made with a valid
credit, debit card, or use of a bona-fide third party electronic payment
provider. By using any such card or payment provider, you represent and warrant
that you have authority to make such purchase in the manner elected without
violating any applicable law, rule, or regulation.
ship your accepted order to you at the address you provide when making the
order. You will be responsible for all associated shipping & handling
charges. While we agree to use reasonable efforts to meet the shipping and
delivery dates provided online, we shall not be responsible for any delays in
shipments, nor for any third-party carrier delays that are beyond our control.
6. NO SUBSTITUTE
FOR MEDICAL ADVICE OR CARE
products and ingredients in our products have not been approved or endorsed by
the Food and Drug Administration (“FDA”) or any regulatory agency.
The products on the website are not intended to diagnose, treat, cure or
prevent any disease. The information on this website or other materials we may
provide to you are designed for educational purposes only and are not intended
to be a substitute for informed medical advice or care. This information should
not be used to diagnose or treat any health problems or illnesses without
consulting a doctor. If you are pregnant, nursing, taking medication, or have a
medical condition, you should consider consulting with a physician before using
any of our products.
Website and its contents, features, and functionality, including but not
limited to all information, software, text, displays, images, video, and audio,
and the design, selection, and arrangement thereof, are owned by Na Nach, its licensors,
or other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret, and other
to use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material
on our Website.
All third party intellectual property (including word marks, logos and icons),
referenced on the Website remain the property of their respective owners. Na
Nach’s use of third party trademarks does not indicate any relationship,
sponsorship, affiliation, or endorsement between Na Nach Research and the
owners of these trademarks. Nothing on the Website should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any third-party trademark. Any references on the Website to third party
trademarks is solely to identify the corresponding third party goods and/or
services and shall be considered nominative fair use under the trademark law.
Research respects the intellectual property of others and expects our users to
do the same. We take complaints of copyright infringement seriously and will
respond to notices of alleged copyright infringement that comply with
This Website qualifies as a Service Provider within the meaning of 17 U.S.C. §
512(k) of the Digital Millennium Copyright Act (“DMCA”). Accordingly,
it is entitled to certain protections from claims of copyright infringement
under the DMCA, commonly referred to as the safe harbor provisions. To that
end, and in accordance with the DMCA, 17 U.S.C. § 512, Na Nach Researchhas
implemented procedures for reporting instances of copyright infringement.
CLAIMS OF COPYRIGHT INFRINGEMENT
are a copyright holder, or its authorized representative, and believe in good
faith that content residing or accessible on or through the Website infringes
your copyrighted work, you may submit a notice of copyright infringement by
sending written notice of copyright infringement to our designated agent
(“Agent”) electronically at firstname.lastname@example.org or via mail to:
notice of copyright infringement should provide the following information:
direct link to any copyrighted work that you claim has been infringed and clear
description of the copyrighted work that you claim has been infringed (if
multiple copyrighted works are covered by a single notification, you may
provide a representative list of such works);
description of the material on our Website that you claim is infringing;
Information reasonably sufficient to permit us to locate the allegedly
infringing material (please be as detailed as possible and provide web
addresses (URLs) leading directly to the material);
contact information, including your address, telephone number, postal address
and an e-mail address;
statement that you have a good faith belief that use of the copyrighted
materials in the manner asserted is not authorized by the copyright owner, its
agent, or the law;
statement that the information in the notification is accurate, and under
penalty of perjury, that you are the copyright owner or authorized to act on
the copyright owner’s behalf;
statement that the information in the written notice is accurate; and
physical or electronic signature (typing your full legal name is sufficient).
do not send any other information to our Agent. Please note that if you fail to
comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA
Notice may not be effective. If you knowingly materially misrepresent that
material or activity on the Website is infringing your copyright, you may be
held liable for damages (including costs and attorneys’ fees) under Section
512(f) of the DMCA. If notice is effective, we may forward the notice of
copyright infringement or information contained therein, as well as the
Complainant’s contact information, to the user who posted the allegedly
infringing content. Additionally, if we remove or disable access to the content
pursuant to a valid DMCA notice, Na Nach Researchwill immediately notify the
user that the content has been removed or disabled.
believe that material you posted on the Website was removed or access to it was
disabled by mistake or misidentification, you may file a counter-notification
with us (a “Counter-Notice”) by submitting written notification to
our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice
must include the following:
physical or electronic signature;
identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access disabled;
Adequate information by which we can contact you (including your name, postal
address, telephone number, and, if available, email address);
statement under penalty of perjury by you that you have a good faith belief
that the material identified above was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled; and
statement that you will consent to the jurisdiction of the Federal District Court
for the judicial district in which your address is located (or if you reside
outside the United States for any judicial district in which the Website may be
found) and that you will accept service from the person (or an agent of that
person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the
original DMCA Notice does not file a court action against you within ten (10)
business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or
activity on the Website was removed or disabled by mistake or
misidentification, you may be held liable for damages (including costs and
attorneys’ fees) under Section 512(f) of the DMCA.
also the policy of Na Nach, in appropriate circumstances and in our sole
discretion, to suspend or terminate the accounts of users who are repeat
use the Website solely for lawful purposes and in accordance with these Terms
of Use. You agree not to use the Website:
any way that violates any applicable federal, state, local or international law
or regulation, including, without limitation, any laws regarding the export of
data or software to and from the US or other countries.
the purpose of exploiting, harming or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise.
transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter” or
“spam” or any other similar solicitation.
impersonate or attempt to impersonate the Company, a Company employee, another
user or any other person or entity, including, without limitation, by using
e-mail addresses associated with any of the foregoing.
infringe the intellectual property rights of others.
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm the Company
or users of the Website or expose them to liability.
you agree not to:
the Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other party’s use of the Website, including their
ability to engage in real time activities through the Website.
any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on
any manual process to monitor or copy any of the material on the Website or for
any other unauthorized purpose without our prior written consent.
any device, software or routine that interferes with the proper working of the
Introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful to the Website or its servers or
Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service
Otherwise attempt to interfere with the proper working of the Website.
10. USER CONTENT
including third party partners and our affiliates, may ask you for Feedback (as
further defined below) on your experience with the Website and the services
offered thereon. Na Nach Research shall become the owner of any reviews,
comments, suggestions or other feedback regarding the Website or services
offered through the Website posted to the Website or on Na Nach’s social media
pages (collectively, “Feedback”) and it may share Feedback with any
of its affiliates. Na Nach Research will not be required to treat any Feedback
as confidential and will not be liable for any Feedback posted on the Website
or elsewhere. Without limitation, Na Nach Researchwill have exclusive ownership
of all present and future existing rights to the Feedback and will be entitled
to use the Feedback for any commercial or other purpose whatsoever, including
to advertise and promote Na Nach, without compensation to you or any other
person sending the Feedback.
To the extent that you decide to post any content (“User Content”) on
the Website or on Na Nach’s social media pages, you agree that your User
Content will not contain third-party copyrighted material, or material that is
subject to other third-party proprietary rights, unless you have written
permission from the rightful owner of the material or you are otherwise legally
entitled to post the material and to grant Na Nach Researchall of the license
rights granted herein. You acknowledge that you are responsible for whatever
material you submit, and that you have sole responsibility for the Feedback,
including its legality, reliability, appropriateness, originality, and
copyright. Na Nach Researchmay refuse to accept or transmit User Content and
shall have the right to delete, edit, modify, reformat, excerpt, or translate
any of your User Content.
11. LINKS FROM
Website contains links to other sites and resources provided by third parties,
these links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and sponsored
links. We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk and subject to the
terms and conditions of use for such websites.
12. RIGHT OF
suspend or cancel your access to the Website, at our sole discretion, without
Nach’s Website automatically terminates upon your termination from access. All
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity, and limitations of liability. You
acknowledge and understand that our rights regarding any content you submitted
to the website before your access being terminated, including Feedback, shall
13. DISCLAIMER OF
RESEARCHDISCLAMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
14. LIMITATION ON
EVENT WILL NA NACH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE
WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
agree to defend, indemnify and hold harmless Na Nach, its affiliates, licensors
and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors and assigns
from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees, including reasonable attorneys’ fees, arising out of
or your use of the Website, including, but not limited to, any infringement of
a third-party’s intellectual property rights, any misuse of the products, goods
or services, any use of the Website’s content, services and/or products other
information obtained from the Website.
effort to accelerate resolution and reduce the cost of any Dispute related to,
first attempt to negotiate in good-faith any Dispute informally for at least
sixty (60) days with Na Nach Research before either party institutes any
arbitration. The negotiation period begins upon receipt of written notice by
the party raising the Dispute. Notice may be sent via electronic mailing to email@example.com
or via registered mailing to Na Nach Research. You consent to receipt of notice
from Na Nach Research via electronic mailing to your email address provided to Na
Nach Research during checkout on the Website.
If the Dispute cannot be resolved by negotiations, either party may elect to
have the Dispute finally and exclusively resolved by submission to binding
arbitration. Any election to arbitrate by one party shall be final and binding
on the other. This arbitration provision limits your and Na Nach’s ability to
litigate claims in court and to have the Dispute heard by a jury. You and Na
Nach Researc hare waiving the right to trial by jury. Arbitration shall be
commenced and conducted by JAMS, pursuant to its Comprehensive Arbitration
Rules (available on the JAMS webpage).
17. GOVERNING LAW
Terms of Service will be governed and interpreted pursuant to the laws of North
Carolina, United States of America, notwithstanding any principles of conflicts
of law. You specifically consent to personal jurisdiction in North Carolina in
connection with any dispute between you and us arising out of these Terms of
Service or pertaining to the subject matter hereof.
18. WAIVER AND
waiver of or by Na Nach Research of any term or condition set forth in these
term or condition or a waiver of any other term or condition, and any failure
shall not constitute a waiver of such right or provision.
competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
force and effect.
sole and entire agreement between you and Na Nach Research and supersede all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Website and services
you except with Na Nach’s prior written consent. Any assignment in violation of
this section shall be null and void. Na Nach Research may assign, transfer, or
delegate any of its rights and obligations hereunder without your consent.
COMMENTS AND CONCERNS
website is operated by Na Nach Research LLC, Feedback, comments, requests for
technical support and other communications relating to the Website should be
directed to: firstname.lastname@example.org or by registered mail at the appropriate address
Attention: Customer Service
7427 NC Highway 58 S, Suite B
Stantonsburg, NC 27883, United States