Updates to Terms & Conditions
Wind & Weather reserves the right to update or modify these Terms & Conditions at any time without prior notice. Updates will be posted to this page and are effective upon posting.
Purchasing from Wind & Weather
Purchasing our products for resale on Amazon, or any third-party marketplace, is strictly prohibited. If you are (i) selling counterfeit goods under the Wind & Weather® brand name, (ii) illegally acquiring our branded products for resale, and/or (iii) parading as a seller of our branded products and then secretly purchasing them from any of the divisions of Wind & Weather for delivery to the customer without notice to us or the customer, you are in violation of federal law for infringement, unfair competition and/or deceptive advertising, respectively. See Lanham Act of 1946, as Amended, 15 U.S.C. §1123.
Wind & Weather has invested substantial time and money in developing and maintaining goodwill in its products and services, and HearthSong’s rights to its intellectual property is of enormous value. Appropriation by you of Wind & Weather’s Intellectual Property causes harm to Wind & Weather's business and reputation and fraudulently misrepresents to consumers, suppliers and others that you are authorized by Wind & Weather to sell any of our branded products.
All the Content on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Plow & Hearth, LLC and its licensors. All site design, text, typefaces, graphics, videos, sound, interfaces and their arrangements are the property of Plow & Hearth, LLC. You may only download, print and store selected portions of the Content for your personal, non-commercial use where it is related to shopping from this site and placing an order.
Disclaimers and Limitation of Liability
You expressly agree that use of WINDWEATHER.COM is at your sole risk and Wind & Weather shall not be liable for any damages of any kind related to your use of this website. You must be 18 years or older to register as a member. The website and content are provided on an "as is" basis without warranty of any kind, including implied warranties of merchantability or fitness for a particular purpose.
Wind & Weather makes every attempt to ensure that the content on this website is complete, current and accurate. However, we cannot guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors may relate to product availability, price or product description. Wind & Weather reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission. This may include orders that have been submitted, confirmed or charged to your credit card. If an order is canceled after your credit card has been charged, it will be fully refunded.
Under no circumstances shall the company or any other party involved in creating, producing, or distributing WINDWEATHER.COM be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use WINDWEATHER.COM, including but not limited to reliance by you on any information obtained from WINDWEATHER.COM or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through WINDWEATHER.COM. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Hyperlinks to Other Websites
This website may contain links to other websites that are not owned or operated by Plow & Hearth, LLC (collectively Third Party Sites), although such sites may have an affiliation with Plow & Hearth, LLC. You acknowledge that such Plow & Hearth, LLC is not responsible for the availability of or content located on any Third Party Site.
Distribution/Uploading of Third Party Content
Any Content you submit or make available for inclusion on the website shall become the sole property of Plow & Hearth, LLC. Regarding all such Content, including, without limitation, creative ideas, suggestions, content, postings, artwork, photograph, material or other submissions (collectively, "User Submissions"), you grant the Company the right to use, reproduce, disclose, publish and distribute any material you submit for any reason without compensation.
No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither the Company, nor its Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.
In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Web Site, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is inappropriate.