Terms & Conditions of Use
Welcome to Wind & Weather's website, WINDANDWEATHER.COM. We are part of Vivaterra International, LLC. We have established these Terms and Conditions of Use (Terms & Conditions) to apply to all users and customers of this website, mobile applications, and all digital assets contained or offered therein (collectively, our "Services"). By accessing any areas of WINDANDWEATHER.COM, you agree to be legally bound and to abide by the terms set forth below.
The headings used herein are included for convenience only and will not limit or otherwise affect these 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. It is your obligation to check our current Terms & Conditions for any changes.
We grant you a limited, revocable, non-exclusive, non-transferable right to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the rights granted herein for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
Portions of the Services (such as our Member registration and Address Book) may require you to create an account ("Account") and select a user ID and password. All information you provide to us when creating your Account will be accurate and true to the best of your knowledge. You are responsible for maintaining the confidentiality of any password and for all activities that occur under your Account, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Accounts.
Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. You agree to use the Services in accordance with these Terms & Conditions and only for lawful purposes. You are prohibited from posting on or transmitting through the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
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) appearing 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. Wind & Weather has invested substantial time and money in developing and maintaining goodwill in its products and Services, and Wind & Weather'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 available through our Services is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Wind & Weather and its licensors. All content, features, and functionality available through our Services, including but not limited to design, site design, text, typefaces, graphics, videos, sound, interfaces, and their arrangements ("Materials") are the property of Wind & Weather and are protected by United States and international intellectual property and proprietary rights laws. We reserve all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you except that you may only download, print and store selected portions of the Materials for your personal, non-commercial use where it is related to shopping from this site and placing an order and provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited.
All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
Our Services, including our website, are intended only for users over the age of eighteen (18). You must be eighteen (18) years old to register as a member.
We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK AND WIND & WEATHER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS 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 THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES 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 THE SERVICES. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Wind & Weather makes reasonable efforts to confirm that the content on our Services is complete, current, and accurate. However, we cannot guarantee that the information contained in our Services will not contain errors, inaccuracies, or omissions. Such errors may relate to product availability, price, product description, product photographs, offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
Wind & Weather reserves the right to correct, amend, refuse, or cancel any information or orders containing any error, inaccuracy, or omission at any time without prior notice. 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.
We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
Our Services may contain links to other websites that are not owned or operated by Wind & Weather (collectively "Third-Party Sites"), although such sites may have an affiliation with Wind & Weather. You acknowledge that Wind & Weather is not responsible for the availability of, or content located on any Third-Party Site. Please carefully review the Third-Party Site's policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
Any content you submit or make available for inclusion on the Services shall become the sole property of Wind & Weather. 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 our 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 Services, 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.
Finally, if you submit data to us about other individuals (such as your message and gift recipients), you agree that you have obtained consent from each such individual to the submission, transfer, and processing of the Information.
This section applies to your entry into and/or use of Wind & Weather's text messaging service:
a. By opting in and providing us with your mobile phone number, you agree that you have provided Wind & Weather with prior express written consent to be contacted by SMS text messages on your mobile device, including recurring automated promotional and personalized text messages.
b. Your consent is not required as a condition of purchasing any goods or services from Wind & Weather.
c. By agreeing to receive SMS messages from Wind & Weather, you certify that you are over 18 years of age and (a) you are the mobile account holder, or (b) you have the account holder's permission to enroll the designated mobile phone number and can incur any mobile message or data charges. Message and data rates may apply.
d. By subscribing to Wind & Weather's text messaging service, you consent to receive recurring automated text marketing messages (including but not limited to marketing alerts like cart reminders) from us each month from Wind & Weather at the mobile number provided when you opted in. You can unsubscribe at any time by texting STOP to XXXXX.
e. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise.
f. You agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. Our text message services are provided on an AS IS, AS AVAILABLE basis.
g. Our text message service and the content and materials provided through the service are proprietary to use and our licensor, and are for your personal, non-commercial use only. You shall not damage, impair or interfere with, or disrupt the service or its functionality.
h. Our text message service is available only in the United States.
i. We reserve the right to alter these text message terms and conditions from time to time. We may suspend or terminate our text message service to you if we believe you are in breach of our Terms & Conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.
j. If you have questions, email us at firstname.lastname@example.org
. You can also text the word HELP to XXXXX to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.
k. Data obtained from you may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the SMS services. All data collected is subject to our Governing Law.
l. Wind & Weather will not sell or otherwise share the mobile number you provide with third parties for any commercial purpose.
The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Virginia without reference to any conflict of law rules.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
A. Arbitration Notice
If you and Wind & Weather are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration shall be held in the State of Virginia or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Virginia, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
B. Claims and Disputes Must be Filed Within One (1) Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
If you have any questions about these Terms & Conditions, please send us an email at email@example.com, call us at 1-877-255-3700, or write us at:
Customer Satisfaction Department
Wind & Weather
7021 Wolftown-Hood Road
Madison, VA 22727
Last Update: June 14, 2022
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