Terms and Conditions

Welcome to Winning By Design, LLC (“us”, ‘our”, “we”)! These Terms and Conditions (“Terms” or “Terms and Conditions”) govern your use of our website (www.winningbydesign.com) and all features and functionality therein, including out AI Agent (“Jack”) (collectively the “Service” or the “Services”).  Specific products and services offered by us will be additionally governed by separate agreements and terms and conditions as applicable (“Services Agreement”), some of which are available for review at the links at the end of these Terms, which Services Agreements shall take precedence in the case of any conflict with these Terms.  By accessing or using our website and Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website or the Service.

By accessing or using our website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. Your continued use of our website and Services constitutes your acceptance of these Terms and our Privacy Policy.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to register for an account and supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

If you cancel your paid enrollment for a standalone course on the website, Winning by Design will offer you a complete refund until 14 days after payment, or once the course start date has occurred, whichever is earlier. Refunds and cancellations will also be governed by the terms of the applicable Services Agreement.

If you wish to change or modify your enrollment within 14 days or prior to the course start date, you are subject to a $50 change fee applied per change. No refunds or changes to the course dates can be provided once the course has started. If you are not able to attend the course date, we will do our best to re-enroll you in another course date prior to the course start date.

You agree to use our Service only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Service does not violate any applicable laws, regulations, or third-party rights.

We operate the Service in the United States and may also opt to operate the Service internationally from time to time. If you choose to access our Service from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Service, if and to the extent local laws are applicable to use of our Service. Unless we have entered into a separate Services Agreement with you that says otherwise, we do not represent that our Services is appropriate or available for use in jurisdictions outside the United States. The right to access and use the Service is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render us in violation of any applicable laws or regulations.

Our website features an interactive AI Agent that provides, among other things, an interactive experience enabling two-way real-time chat where Jack will answer your go-to-market-related and other questions as well as provide information about our company and its products and services. While we strive to ensure the accuracy of the information provided by Jack, we do not guarantee its completeness, accuracy or reliability.  All information is provided “as is” without warranty of any kind. Jack is intended for purely informational purposes only and should not be relied upon as professional advice. The information provided by Jack may not be accurate, complete, or up-to-date. Users should independently verify any information before relying on it.  You hereby agree that Winning By Design shall have no liability related to your interaction with, use of, or reliance upon Jack or any information provided.  The interactive AI Agent utilizes third-party large language models (“LLMs”) through a third-party service provide.  No information or data provided by you to our interactive AI Agent is used to train these third-party AI models.  All data provided in connection with use of our interactive AI Agent is governed by our Privacy Policy.  Additional information about the use of these third-party LLMs and all data used to train these models can be found at https://trustcenter.1mind.com/faq.

All content, materials, and intellectual property on our website and Services, including but not limited to text, graphics, logos, images, and software, are the property of Winning By Design or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content or materials on our website or Services without our prior written consent.

In certain instances while providing the Service, we may capture audio and/or video of certain aspects of the Services and the participants’ interactions while using the Services, which may include your voice, visual image and name. By using the Services, you acknowledge and consent to the use of the audio and/or video captured including, without limitation, your voice, visual image and name by us for any purpose whatsoever including, without limitation, promotional purposes.

1. To You: We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services for your personal, non-commercial use. Any commercial use of the Services requires a separate, signed Services Agreement between you and Winning By Design.  You may only use the Services on devices that you own or control. Accessing and using our Services does not give you ownership of any intellectual property or proprietary rights in the Services or any materials appearing on or through our websites or platforms.  Winning By Design, or its licensors and suppliers as applicable, retain ownership of all rights, title, and interest in the Services, and except for the limited use rights expressly granted in these Terms, no other rights or licenses are granted or implied. You may not use the Services in any way that is inconsistent with these Terms or that infringes any intellectual property or proprietary rights of Winning By Design or any third party.
   
2. From You: You retain all intellectual property rights to, and are responsible for, any content or data you share through our website or Service. You grant Winning By Design, and its suppliers and contractors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable and sublicensable right to use, copy, modify, translate, distribute, publish, and process any information and content that you provide through the Services, without any further consent, notice, accounting, and/or compensation to you or others, subject at all times to our Privacy Policy as applicable.

You agree not to:

• Use our Services for any unlawful purpose or in violation of any applicable laws or regulations;
• Interfere with or disrupt the operation of our Services or the servers or networks used to make our Services available
• Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services
• Impersonate any person or entity, misrepresent your identity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Share your password or take actions that put your account at risk;
• Attempt to use another user’s account;
• Engage in activities related to the soliciting of email or other contact information from other users;
• Develop, support, or use software, devices, scripts, robots or another means to scrape the Service;
• Upload, intentionally or otherwise, any viruses, worms, malware, or any other harmful code;
• Reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology;
• Attempt to break or circumvent authentication or security measures or otherwise test the vulnerability of our systems or networks;
• Attempt to resell the Service, engage in a service-bureau, or use the Service in any way competitive with, or harmful to, us; and
• Engage in any conduct or provide any information that:
  • is illegal, contains illegal materials or promotes illegal activities;
  • contains threats or is intended to organize acts of violence:
  • harasses others through the use of abusive or otherwise inappropriate content;
  • violates intellectual property, privacy, or other rights of another party, including the sharing of content that you do not have the right to share, taking credit for content you did not create, or taking someone else’s content or rights for your own use; and
  • results in span or other unsolicited or irrelevant advertising, promotional, or solicitation content or materials.

Our website and Services may contain links to third-party websites or services that are not owned or controlled by Winning By Design. We are not responsible for the content, privacy policies, or practices of any third-party websites or services, and we do not warrant the offerings of any of these entities/individuals or their websites. You access and use third-party websites or services at your own risk and subject to the terms and conditions and privacy practices of such third-party websites or services. We strongly encourage you to read the term, conditions and privacy policies of any third party web site or services that you visit. You acknowledge and agree that Winning By Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND SOLE RISK. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WINNING BY DESIGN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS. CONTRACTORS, REPRESENTATIVES AND AGENTS (THE “WINNING BY DESIGN PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY PERSONAL INJURY, LOSS OF DATA, USE, GOODWILL, OR CIST IF SUBSTITUTE GOODS, BUSINESS INTERRUPTION, OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE OUR SERVICES.
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES.
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY.
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICES.

IN NO EVENT SHALL THE WINNING BY DESIGN PARTIES’ TOTAL LIABILITY TO YOU UNDER THESE TERMS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF U.S. FIFTY DOLLARS (USD$50.00).

IN ADDITION, THE WINNING BY DESIGN PARTIES HEREBY DISCLAIM, AND SHALL NOT BE LIABLE, FOR THE ACTS OR OMMISSION OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES.

THIS LIMITATION OF LIABILITY IS A CRITICAL ELEMENT OF THE BARGAIN BETWEEN YOU AND WINNING BY DESIGN AND WINNING BY DESIGN WOULD NOT HAVE ENTERED INTO THESE TERM WITH YOU WITHOUT THIS LIMITATION OF LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU IN THOSE INSTANCES.

You agree to indemnify, defend, and hold harmless the Winning By Design Parties from and against any and all claims, liabilities, damages, losses, costs, demands, suits, allegations, claims, expenses, or fees (including reasonable attorneys’ and other professionals’ fees) arising from (i) your use of our Services, (ii) the provision of any content or data by you or your authorized agents, or (iii) your violation of these Terms or applicable law or the rights of any third-party.

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction and exclusive venue of the federal and state courts located in and serving the County of San Francisco, California as the legal forum for any dispute.

We reserve the right to modify or update these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

We are regularly updating product and service offerings. We may experience delays in updating information on the Service or our other products and services and in our advertising on the Service or other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. All final terms and conditions related to our products and services are exclusively governed by the Services Agreement entered into between us and you and such terms take precedence over these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect, and you and we agree that the court should modify the terms to make that part enforceable to effect the original intent of the parties to the maximum extent possible. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. You may not assign or transfer these Terms (or your use of the Services) to anyone without our prior written consent, which may be withheld in our sole discretion, and you agree that we may assign these Terms without your consent for any reason, including if we experience a change in control. There are no third-party beneficiaries to these Terms.

You agree that email notices sent by Winning By Design will satisfy any legal communication requirements and that you are obligated to keep your email address current in your Winning By design account so that you receive up-to-date notices.

You agree that the only way to provide us legal notice or service of process is at the address provided below and delivered in one of three ways: (i) when delivered personally; (ii) one (1) business days after having been sent by commercial overnight carrier with written proof of delivery; or (iii) five (5) business days after sending by certified or registered mail, return receipt requested, and postage prepaid, with verification of receipt:

Attn: Winning by Design
650 Castro Street, Suite 120-252
Mountain View, California, US 94041

If you have any questions or concerns about these Terms, please contact us at support@winningbydesign.com.

By using our website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

You can review the entire TERMS OF SERVICE for our Access Pass Subscription Product by downloading a PDF version here.

You can review the entire TERMS OF SERVICE for our Certified Software Partner Program by downloading a PDF version here.

You can review the entire TERMS OF SERVICE for our Certified Consulting Partner Program by downloading a PDF version here.