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Conditions of Use

Last Updated June 2016

This website is operated by Plato’s Closet, a division of Winmark Corporation (“we,” “us,” “our,” “Company,” or “Winmark”). The following Conditions of Use (together with any documents referred to in them) apply to your use of our website at www.platoscloset.com (the “Site”), any of our franchised locations’ websites, and any information we may access through social media platforms such as Facebook (collectively, our “System”).

Please read these Conditions of Use carefully before using the System. Your use of the System means that you accept and agree to these Conditions of Use. If you do not agree to these Conditions of Use or our Privacy Policy, do not use or access the System.

We may at any time revise these Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Conditions of Use to which you are bound.

Disclaimer of Warranties

THE MATERIALS THROUGH THE SYSTEM 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. WINMARK DOES NOT WARRANT THAT THE FUNCTIONS OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINMARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR INFORMATION ON THE SYSTEM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM 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 FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

Winmark disclaims any responsibility for the content of any third party materials provided through or on the Site or System. Winmark desires to respect all copyrights and to respond accordingly when notified of the infringement of those rights. See the Copyright Infringement section below for information on submitting notification to us pursuant to the Digital Millennium Copyright Act.

Intellectual Property

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.

All materials included as part of the System, 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), is our property or the property of our Franchisees and is protected by copyright and other laws that protect intellectual property and proprietary rights. Such materials may be used as a resource for purchasing the products offered through the System. 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 Winmark 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.

All trademarks, service marks, trade names, logos, and icons used on the System are proprietary to Winmark. Nothing contained on the System 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 Winmark or such third party that may own the trademarks or service marks displayed on the System. Your use of the trademarks or service marks displayed on the System, or any other content on the System, except as provided herein, is strictly prohibited.

We are very protective of our Plato’s Closet® trademark and other trademarks and service marks owned by Winmark. 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 attorneys’ fees.

Inquiries concerning use of Winmark's trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to Winmark Corporation, Attn: Legal Department, 605 Hwy 169 N, Suite 400, Minneapolis, MN 55441.

Copyright Infringement

We prohibit the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the System;
  3. Identification of the material on the System that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is Tamara L. Harmon who can be reached at (763) 520-8500. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at (800) 433-2540. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Franchisees

Our site acts as the venue to bring Plato’s Closet® franchisees ("Franchisees") and buyers of goods together. Winmark is not involved in the actual transaction between such parties. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.

Because we are not involved in the actual transactions between buyers and Franchisees, in the event that you have a dispute with any Franchisee, you release Winmark Corporation (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Limitation of Liability

NEITHER WINMARK NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SYSTEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SYSTEM, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, EVEN IF WINMARK 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 THE SYSTEM 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 WINMARK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO WINMARK FOR PRODUCTS SOLD OR SERVICES RENDERED. WINMARK ASSUMES 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 SYSTEM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SYSTEM.

You assume total responsibility and risk for your use of the System and any third party website accessed through the System. Your sole remedy for dissatisfaction with the System or any products or services offered through the System or any third party website accessed through the System is to stop using the System or such products or services.

Jurisdictional Issues

The System is controlled and operated by Winmark from its offices within the State of Minnesota, United States of America. Although the System is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. Winmark makes no representation that materials on the System are appropriate or available for use in other locations. Those who choose to access the System from other locations do so on their own initiative and are responsible for compliance with local laws.

Links to Other Websites and Connecting through Social Media

The System 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 System 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.

Electronic Communications

Visiting the Site, using the System 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 marketing emails from us follow the “unsubscribe” link on the email to change your preferences.

Any communications or material you transmit to the System by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as nonconfidential and nonproprietary and will become the property of Winmark 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, Winmark is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the System for any purpose whatsoever including, but not limited to, developing and marketing products using such information.

Indemnity and Release

By using the System you are hereby agreeing to release Winmark and its franchisees 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 and services, including those arising from your use of or inability to use the System or your violation of these Conditions of Use.

Force Majeure

Under no circumstances shall Winmark 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 the System 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 Winmark with respect to the System and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Winmark with respect to the System. 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.

Termination

You agree that Winmark, in its sole discretion, may terminate your password (if any) or use of the System, for any reason, including, without limitation, if Winmark believes that you have violated the Conditions of Use. Winmark may at any time without notice discontinue the System or any part of it. You agree that any termination of your access to the System may be effected without prior notice. Further, you agree that Winmark will not be liable to you or any third party for any termination of your access to this website.

Contact Information

To contact us, email us at:

tharmon@winmarkcorporation.com

Privacy Policy

Last Updated June 2016

Plato’s Closet is a division of Winmark Corporation (“we,” “us,” “our,” “Company,” or “Winmark”). We are committed to providing you with information, products or services to meet your needs. That commitment includes protecting information we obtain about you. We want to earn your trust by providing strict safeguards to protect information about you as we continue to bring you valuable information, products and services. Please take a moment to read this Privacy Policy for some important information about your rights.

By using the Company website or any of our applications, products, services, features, tools, or resources you agree to the terms of this Privacy Policy and our Conditions of Use.

This Privacy Policy, along with our Conditions of Use, governs your use of our website at www.platoscloset.com (the “Site”) and any of our franchised locations’ websites (collectively, the “System”), and any other information we may access through social media platforms such as Facebook.

Information We May Collect

We may collect personal information about you, including information you give us on applications, questionnaires or other forms, when you join our mailing list, or if you request or submit information about becoming a franchisee. This information is voluntarily provided by you and may include, but is not limited to, your name, address, telephone number, email address, personal preferences, or other personal identifiers. This information may also be collected for participation in a sweepstakes or other give-away, to locate a store or otherwise participate in activities or services generated on our System. Based on the information you provide us, we may also collect information from consumer reporting agencies, such as credit bureaus, in order to evaluate your eligibility to become a franchisee.

All of our locations are independently owned and operated franchises, and Winmark Corporation does not own or operate these locations. Comments, questions or complaints submitted to us about a specific location will be forwarded to the franchised location, along with any contact information you provide with your comment. If you have comments regarding a specific location, we recommend you contact that location directly so that they may personally and immediately assist you.

In addition to information provided by you, our System may make use of browser “cookies.” Cookies are text files written to a user’s hard drive and read by the server programs to inform a website if the user has previously visited that site. We use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our System, and for other purposes. The cookie never contains data that is “executed” as code, so it cannot carry viruses. Cookies are linked to browser programs and do not specifically identify an individual user. Cookies can be rejected by you and if so, none of the functions listed above will be performed.

We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Company product or service advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the website or another site affiliated with Company products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information (name, address, email address, or phone number) we collect or you provide on the System. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

Children Under 13

We do not knowingly solicit data online from or market online to children under the age of 13.

Information Sharing and Disclosure

We will not sell or rent your personally identifiable information to anyone. We may send personally identifiable information about you to others only when: 1) we have your consent to share the information; 2) we need to share the information to provide the information, service or product that you requested; 3) we need to send the information to people or companies who work on behalf of the Company to provide information, products or services to you; 4) we respond to subpoenas court orders or legal process; or 5) we find that your actions on the System violate the Conditions of Use, or any of our usage guidelines for specific products or services. In addition, user demographic information is shared with advertisers on an aggregate basis in a manner that will not personally identify the individual submitting the information.

Linking to Other Websites

You should be aware that our System or email communications may contain links to other websites. These websites may have privacy policies provisions that differ from the provisions of this Privacy Policy. The System may also contain certain social media icons or widgets. Although you can view the material we have linked to, you may have to create an individual account or register to use these third-party social media sites to use interactive features. Any interaction on other websites or social media platforms is governed by the terms of use and privacy policy of the particular website or platform. To ensure your privacy is protected, we recommend that you review the privacy policies of other websites or platforms you visit.

Our Email List is managed by Constant Contact. If you elect to join our Email List, your subscription will be governed by the terms of use and privacy policy of Constant Contact, which may have provisions that differ from the provisions of our policies. To ensure your privacy is protected, we recommend that you review these policies prior to joining our Email List.

Information Collected By and From Social Media Services and Other Third Party Platforms

You also can engage with our content through social media services, other third party platforms or other third-party social media plug-ins, integrations and applications. When you engage with our content on or through social media services or other third party platforms, plug-ins, integrations or applications, you may allow us to have access to certain information in your profile. This may include your name, e-mail address, photo, gender, birthday, location, an ID associated with the applicable third party platform or social media account user files, like photos and videos, your list of friends or connections, people you follow and/or who follow you, or your posts or "likes." For a description on how social media services and other third party platforms, plug-ins, integrations or applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.

Business Transfers

We may also disclose your information to a third party as part of a merger, sale, or other corporate reorganization. Any third party to which we transfer or sell the Site or related assets will have the right to continue to use personal information and other information that you provide to us.

Security

We have taken reasonable security measures to protect the loss, misuse and alteration of the information under our control. However, please remember that no computer system should be considered safe from intrusion. Email may pass through many computer systems, and should not be considered as a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method. If you visit our System, we will not communicate with you unless you have given us permission to do so.

How Users Can Limit Information Collected

While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:

  • You may have your contact information removed from our marketing lists to inform users of new or relevant products, services and special offers by clicking on the unsubscribe link in any communication received from us or by emailing us at marketing@winmarkcorporation.com.
  • You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the System; and
  • You may limit the ability of Google Analytics to track your online activity, as outlined in the “Behavioral Advertising” section.

Behavioral Advertising

We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Winmark product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with Winmark products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information (name, address, email address, or phone number) we collect or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

Website Accessibility

We are committed to facilitating the accessibility and usability of the site for all people with disabilities. The Company is continuously taking steps to improve the site and stay in compliance with the World Wide Web Consortium's Web Content Accessibility Guidelines 2.0 Level AA (“WCAG 2.0 AA”). Our website will be tested periodically by third-party accessibility consultants in order to provide feedback regarding conformance with WCAG 2.0 AA standards.

Please be aware that given the constant changes in technology, our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any particular page on the site, contact us at the contact information below.

Changes to This Policy

We reserve the right to modify this policy from time to time and will mark new versions with a corresponding effective date. We recommend that you visit the Site regularly to review any changes in our practices.

Your California Privacy Rights

California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the System.

Conclusion

We appreciate how important privacy is to you. We want you to understand why we collect and sometimes share information about you and how this can benefit you. Simply stated, by knowing more about you, we can provide a greater range of information, products and services that may be of interest to you.

If you have any questions about our Privacy Policy, please contact us at:

Winmark Corporation
Attn: Legal Department
605 Highway 169 N, Suite 400
Minneapolis, MN 55441
(763) 520-8500
tharmon@winmarkcorporation.com

© 2016 Winmark Corporation. All Rights Reserved.

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