Terms and Conditions
Terms and conditions of use govern your use of our website, hereby known as "the agreement." Windstan.com website is hereby known as "the site." The owners of the website are referred to as "we."
Choosing to use the site constitutes your agreement to adhere to and be bound by the agreement. The agreement may be updated or modified at any time, and we reserve the right to do so without prior notice of any kind.
Intended Site Users
The site is intended exclusively for users over the age of 13. Anyone under the age of 13 must have verifiable parental consent to use the site. WINDSTAN is in full compliance with the Children's Online Privacy Protection Act (COPPA). If we should ever become aware that a subscriber under the age of 13 is registered to the site without prior verifiable parental consent, that subscriber's identifiable registration information will be removed from our files.
We reserve the right to use our sole discretion to refuse orders, limit quantities, or cancel orders purchased on a per person, per household, or per order basis. The restrictions we may apply may include orders which are placed by or under the same credit card, the same customer account, and/or orders which use the same billing address and/or the same shipping address. We will attempt to notify you of any changes to or cancellations of orders via the e-mail address, phone number, or billing address provided when the order was placed. We reserve the right to use our sole judgment in prohibiting orders which appear to be placed by resellers, distributors, or dealers.
We reserve the right, in our sole discretion and at any point in time, to:
The site and all materials on the site, including images, illustrations, text, icons, designs, video clips, photographs, and other materials, and the trademarks, copyrights, trade dress and/or other intellectual property contained in such materials (collectively, "the contents") are controlled, owned, or licensed by WINDSTAN and other trademarks appearing on the site are trademarks of WINDSTAN and/or its subsidiaries, unless otherwise noted.
The site, along with the entirety of its content, is intended for the sole purpose of personal, non-commercial use. You have permission to download or copy the contents and any other materials displayed on the site for your own personal use only. As a result of any such downloading or copying, no right, title, or interest in any downloaded content is transferred to you. Except as noted above, you may not publish, transmit, display, distribute, create derivative works from, modify, exploit, or sell in any way any of the site or its content.
The site and its content are intended to promote WINDSTAN's services and products available in the United States.
Unless otherwise specified, the site and the content are intended to promote WINDSTAN's products and services available in the United States. The site is controlled and operated by WINDSTAN from its office in Ontario, California.
User Comments, Feedback, and Other Submissions
WINDSTAN welcomes your comments regarding our products and services. In keeping with longstanding company policy, however, we do not consider or accept suggestions, creative ideas, plans, proposals, or other materials which have not been specifically requested. The intent of this policy is to prevent any possible misunderstandings which could occur in the future should any projects developed by WINDSTAN's agents and employees appear to be similar to creative suggestions submitted by users. For this reason, although your comments are valued, we ask that you not send suggestions, creative ideas, plans, proposals, or other materials which have not been specifically requested. If you send specific submissions, such as for entry in a contest, that we request or if you send suggestions, creative ideas, plans, proposals, or other material by your own volition and without a request from us, whether by postal mail, by e-mail, online, or otherwise, which shall collectively be considered "comments," you agree that we may, without restriction and at any time, edit, publish, copy, translate, distribute, and otherwise use in any type of medium any comments which you forward to WINDSTAN. You also agree that WINDSTAN is not and at no time shall be under any obligation to pay compensation of any kind for comments, to maintain confidentiality regarding comments, or to respond to comments. WINDSTAN reserves the right but is not obligated to monitor and remove or edit any comments received.
You agree that any comments you send will not be any type of violation of third party rights, including trademark, copyright, privacy, or any other kind of proprietary or personal right. You agree that any comments you send will not be in any way libelous, abusive, unlawful, or obscene. You agree not to send any comments which contain malware or any other type of computer virus which could interfere with the site's operation. You agree not to pretend to be anyone other than yourself, to use a false e-mail address, or in any other way provide misleading information to WINDSTAN or third parties in relation to the source of any comments you send. You and you alone are responsible for any comments you make, along with their accuracy. WINDSTAN is not responsible and assumes no liability for any comments you or any third party posts.
The prices shown for all products and/or services displayed on the site are quoted in U.S. Dollars.
Errors, Inaccuracies, and Omissions
There may, on occasion, be information on our site which contains inaccuracies, omissions, or typographical errors which relate to pricing, product descriptions, promotions, offers, pricing, and/or availability. We reserve the right to correct any inaccuracies, omissions, or errors and to update or change information and/or to cancel orders if any of the information on the site is inaccurate at any time and without prior notice, including after you have submitted an order.
Every effort has been made to accurately display the colors of our products which appear on the site. We cannot and do not guarantee that the color displayed on your computer monitor will be accurate.
Links to Other Websites and Services
Links to other websites and services which are not under the control of WINDSTAN may be contained on the site. Links are provided for the sole purpose of providing convenience and information to the site's users. Linking does not constitute an endorsement of any linked website. WINDSTAN takes no responsibility of any kind for linked websites.
All of the materials offered on the site are provided "as is" and without a warranty of any kind, either expressed or implied, including implied warranties of merchantability, warranties of title, non-infringement of intellectual property, and fitness for a particular purpose, without limitation. WINDSTAND reserves the right to modify the materials without notice and at any time but expressly disclaims any duty to revise or update the material on the site. Your use of the site is a risk which you assume full responsibility for, including any costs associated with your use of the site. WINDSTAN is not and shall not be liable for damages of any kind related to your use of the site.
You agree to indemnity, defend, and hold WINDSTAN, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any and all damages, claims, expenses, and costs, including attorneys' fees, related to or arising from your use of the site and/or your breach of any warranty, representation, or other provision of the agreement.
Choice of Law
The agreement shall be understood in light of and in accordance with the laws of the State of California and without regard to any provisions of conflict of law. Any disputes which may arise regarding this agreement shall be resolved by the state and/or federal courts of the State of California, County of San Bernardino and/or the Southern District of California, exclusively. In the event that any provision of the agreement is waived, such waiver shall not be a waiver of any other provision or of the right of WINDSTAN to require meticulous compliance with each of the terms herein. Should, for any reason, any provision within the agreement be found to be invalid or unenforceable, that provision shall be severable; and all of the other provisions of the agreement shall remain wholly in force and effect. This agreement comprises the entire agreement between you and WINDSTAN relating to your use of the site.
The terms of the agreement are in full effect unless and until terminated by either you or WINDSTAN. You may terminate the agreement at any time. WINDSTAN may also terminate the agreement without notice at any time and, accordingly, may deny your access to the site, if, in our sole discretion, you fail to adhere to any proviso or term of the agreement. Obligations and liabilities of the parties which were incurred prior to the termination date shall, for all purposes, survive the termination of the agreement.