CINCH GAMING TERMS AND CONDITIONS

Terms of Use (Last Updated: December 14, 2016)
These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your use of the Cinch Gaming web sites and the services and materials on those sites offered to you by Cinch Gaming Equipment LLC hereby referred to as Cinch Gaming. By using the Cinch Gaming web sites (www.cinchgaming.com), your use constitutes your agreement to all such terms, conditions and notices as if you had signed it. If you do not agree to be bound by this agreement, please discontinue your use of the Cinch Gaming web site. The Cinch Gaming web site may also contain additional terms that govern particular features or offers (for example, sweepstakes or contests). In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within the Cinch Gaming web site, then these terms shall control.

CHANGES TO THE TERMS OF USE AND CONDITIONS
Cinch Gaming reserves the right to change and/or update the terms, conditions, and notices under which the web site is offered. When we do, we will also revise the “last updated” date stamp at the top of the page. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement.

LINKS TO THIRD PARTY SITES
The Cinch Gaming web site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Cinch Gaming and Cinch Gaming is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Cinch Gaming is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cinch Gaming of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Cinch Gaming web site, you warrant that you will not use our web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cinch Gaming web site in any manner that could damage, disable, overburden, or impair the web site or interfere with any other party’s use and enjoyment of the Cinch Gaming Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Cinch Gaming Web Site.

LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CINCH GAMING WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CINCH GAMING AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CINCH GAMING WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE CINCH GAMING WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CINCH GAMING, AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CINCH GAMING WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CINCH GAMING AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CINCH GAMING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, BODILY INJURY, OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CINCH GAMING PRODUCTS. CINCH GAMING LIABILITY IS LIMITED TO THE VALUE OF THE CINCH GAMING PRODUCT PURCHASED.

IN NO EVENT SHALL CINCH GAMING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CINCH GAMING WEB SITES, WITH THE DELAY OR INABILITY TO USE THE CINCH GAMING WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CINCH GAMING WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE CINCH GAMING WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CINCH GAMING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CINCH GAMING WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CINCH GAMING WEB SITES.

SERVICE CONTACT: http://www.cinchgaming.com/dev/help

WARRANTY
All new Cinch Gaming products come with a 30 day warranty. Controllers sent in via our “Make it a Cinch” service come with a 30 day “limited” warranty. The 30 day warranty covers any defects in materials or workmanship. The 30 day warranty does NOT cover user wear or damage to the controller. The 30 day warranty does NOT cover wear or damage to controller thumbsticks or shells. The warranty does not cover return shipping although we will ship the controller back to you at our expense if the repair falls under our warranty. If the repair does not fall under our warranty you will be held responsible for return shipping fees concurrent with the Cinch Gaming website for your product. All warranty repair work is subject to a $20 labor and testing fee that is waived if it is discovered that the defect was due to materials or workmanship. The 30 day limited warranty covers any defects in materials or workmanship on rear buttons and trigger stops installed by Cinch Gaming. The 30 day warranties do NOT cover damage (due to liquid, dropping, throwing, and other carelessness, or damage to headset ports) to the controller of any kind. The 30 day limited warranty does NOT cover thumbstick or trigger issues, or anything pre-existing on the user’s controller, cosmetic or mechanical. Any existing warranty will be VOID if the controller is opened for any reason by the user. The standard Cinch Gaming warranty may be extended for certain items by purchasing an extended warranty along with the purchase of the item. The extended warranty is not offered on all items. The extended warranty extends the 30 day warranty to a total of 6  months. The extended warranty is not in addition to the 30 day warranty but rather it replaces it. Cinch Gaming will service the controller and cover the shipping back to the customer. Items returned for warranty repair that are defective due to a reason other than materials or workmanship may not be eligible for repair or return shipping. Controllers received a month or more after submission will no longer be considered under warranty and will be subject to repair fees. International customs fees will not be refunded for any product returned for warranty or refund. Rush service is non-refundable.

RETURNS/REFUNDS
All Cinch Gaming products may be returned for a refund for a period of 14 days after the item was received. Returns are subject to a 15% restocking fee and must be in the original condition in which the product was received. Any damaged or non-working returns are not eligible for a refund. Controllers returned with damaged headset ports are non-refundable and are not covered under warranty. Controllers returned with the void warranty label removed, punctured, or otherwise tampered with are not eligible for a return, refund, or warranty repair.

Please note: We do not refund any customs fees that may be applied to international shipping customers. Rush service and shipping charges are non-refundable. “Make it a Cinch controllers” are not eligible for a refund but are still covered under a 30 day limited warranty. To process a return or refund you must first contact us at support@cinchgaming.com.

TERMINATION/ACCESS RESTRICTION
Cinch Gaming reserves the right, in its sole discretion, to terminate and/or restrict your access to any or all Cinch Gaming web sites and the related services or any portion thereof at any time, without notice. Cinch Gaming reserves the right, in its sole discretion, to terminate and/or restrict your access to any or all Cinch Gaming web sites and the related services or any portion thereof at any time, without notice.

GENERAL
This agreement is governed by the laws of the State of Michigan, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Detroit, Michigan, U.S.A. in all disputes arising out of or relating to the use of the Cinch Gaming web sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cinch Gaming as a result of this agreement or use of the Cinch Gaming web sites. Cinch Gaming performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cinch Gaming rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Cinch Gaming web sites or information provided to or gathered by Cinch Gaming with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement together with the Cinch Gaming online Privacy Policy, constitutes the entire agreement between the user and Cinch Gaming with respect to the Cinch Gaming web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cinch Gaming with respect to the Cinch Gaming web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRIVACY POLICY
This privacy policy discloses the privacy practices for www.cinchgaming.com and the Cinch Gaming Mobile Application for Android and iOS devices.

This privacy policy applies solely to information collected by this web site and the Cinch Gaming Mobile Application. This policy will notify you of the following:

What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.

Website Information Collection, Use, and Sharing

We are the sole owners of the information collected. We only have access to/collect information that you voluntarily give us via email, other direct contact from you, or the Cinch Gaming mobile application. We will not sell or rent your personal information such as address or contact information to anyone. We will use your personal information to respond to you, regarding the reason you contacted us. We will not share your personal information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Mobile Application Information Collection, Use, and Sharing

Cinch Gaming is the sole owner of information collected by the Cinch Gaming Mobile application. Cinch Gaming reserves the right to use, sell, rent, or share your statistical information gathered during use of the Cinch Gaming Mobile Application. Users of the Cinch Mobile application may not use information obtained through the Cinch Mobile application for any purpose other than for personal use. Cinch Gaming may share your statistical information with a third party outside of our organization.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately via email.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the Cinch Gaming web sites are: Copyright © 2017 Cinch Gaming, and/or its suppliers, 29444 Northwestern Hwy, Suite 218, Southfield, MI 48034 U.S.A. All rights reserved.

TRADEMARKS
Cinch Gaming, the Cinch Gaming logos, and/or other Cinch Gaming products referenced herein are either trademarks or registered trademarks of Cinch Gaming. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.