Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the websites, content, newsletters, programs, and services made available by WinSocial, LLC (“WinSocial,” “we,” “us,” or “our”) (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. Our Privacy Policy is incorporated into these Terms by reference.

The Services are intended for business and professional use by individuals who are at least 18 years old and able to form a binding contract. By using the Services you represent that you meet these requirements, and that if you are using the Services on behalf of an organization, you have authority to bind that organization to these Terms.

WinSocial provides marketing and social selling services, educational content, training programs, and related consulting to professionals in the mortgage and real estate industries. Services delivered to business clients under a separate written services agreement are governed by that agreement; in the event of a conflict between that agreement and these Terms with respect to those services, that agreement controls.

Certain programs, cohorts, and courses are offered for a fee. Prices, program content, duration, and access terms are those stated at the point of purchase. By purchasing, you agree to pay the stated amount and authorize our payment processor to charge your selected payment method.

Access to a paid program is personal to the purchaser and may not be shared, resold, transferred, or distributed.

Program materials are licensed for your own use and may not be reproduced or redistributed.

Refund and cancellation terms are those published at the point of purchase. Where no refund terms are stated, requests are considered on a case-by-case basis and may be directed to dan@winsocial.com.

All content made available through the Services — including written content, course and program materials, frameworks, templates, prompts, graphics, logos, video, and audio — is owned by WinSocial or its licensors and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and to use program materials for your own professional purposes. You may not copy, reproduce, republish, distribute, sell, license, create derivative works from, or use our content to train any machine learning or artificial intelligence system, without our prior written consent.

“WinSocial” and our logos are our trademarks. Nothing in these Terms grants you a right to use them.

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;

• Copy, scrape, harvest, or systematically extract content from the Services by automated means;

• Resell, sublicense, or commercially exploit the Services or their content without our written consent;

• Attempt to gain unauthorized access to any part of the Services, any account, or any system or network connected to the Services;

• Interfere with or disrupt the Services, including by introducing malware or imposing an unreasonable load on our infrastructure;

• Impersonate any person or entity, or misrepresent your affiliation with any person or entity; or

• Use the Services to transmit unlawful, defamatory, harassing, discriminatory, or otherwise objectionable content.

If you submit content to us — including comments, questions, survey responses, testimonials, or materials shared in a program — you retain ownership of that content and grant WinSocial a non-exclusive, worldwide, royalty-free license to use, reproduce, and display it in connection with operating and promoting the Services. You represent that you have the right to grant this license and that your submission does not infringe the rights of any third party.

Do not submit confidential information, personal financial information, or the nonpublic personal information of any consumer through our website, forms, or program channels.

The content and programs provided through the Services are educational and informational in nature. WinSocial is not a mortgage lender, mortgage broker, mortgage loan originator, law firm, accounting firm, or investment adviser, and is not licensed in any of those capacities.

Nothing made available through the Services constitutes legal, compliance, regulatory, tax, accounting, financial, investment, or mortgage advice, and nothing should be relied on as a substitute for advice from a qualified licensed professional. Marketing, advertising, and communications in the mortgage and real estate industries are subject to federal and state regulation, and you are responsible for ensuring that any content you publish complies with the laws applicable to you and with the policies of your employer or sponsoring institution.

Any examples, results, or outcomes described through the Services are illustrative and are not a guarantee or prediction of results you will achieve.

The Services may link to or operate alongside third-party websites and platforms, including LinkedIn and other social media services. We do not control and are not responsible for third-party services, their content, or their terms and policies. Your use of those services is governed by their own terms, and you are responsible for complying with them.

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WINSOCIAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any content is accurate, complete, or current.

TO THE FULLEST EXTENT PERMITTED BY LAW, WINSOCIAL AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO WINSOCIAL IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless WinSocial and its officers, members, employees, and contractors from any claim, liability, loss, damage, cost, or expense, including reasonable attorneys' fees, arising out of your use of the Services, your submissions, your violation of these Terms, or your violation of any law or third-party right.

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the Services. Sections 5, 7, 8, 10, 11, 12, and 14 survive termination.

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. You and WinSocial consent to exclusive jurisdiction and venue in the state and federal courts located in Dallas County, Texas, for any dispute arising out of or relating to these Terms or the Services.

Before filing any claim, you agree to contact us at dan@winsocial.com and attempt in good faith to resolve the dispute informally for a period of thirty (30) days.

These Terms, together with our Privacy Policy and any applicable services agreement or purchase terms, are the entire agreement between you and WinSocial regarding the Services. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them to a successor in interest.

We may update these Terms from time to time. The effective date above indicates when they were last revised, and your continued use of the Services after a change constitutes acceptance of the revised Terms.

WinSocial, LLC Email: dan@winsocial.com Attention: Dan Smokoska, Founder

This document is a starting template prepared for WinSocial, LLC. It is not legal advice. Have it reviewed by a licensed attorney before publication, particularly Sections 4, 10, 11, and 14, and confirm that the refund terms in Section 4 match what is actually published at your point of purchase.