WELCOME TO WWW.WINDSOLEIL.COM ("WIND-SO-LAY"), WINDSOLEIL, INC.
2. PERSONAL USE POLICY
Products and sample products provided to you by windsoleil inc or any items available for sale on the site are intended to for you.
All trademarks, service marks, trade names, catch phrases, logos, and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to WindSoleil or other respective owners that have granted WindSoleil the right and license to use such Marks. You may not display, replicate, duplicate, or reproduce the Marks other than with the prior written consent of WindSoleil, and you may not remove or otherwise modify any trademark notices from any Content.
5. INFORMATION ACCURACY
ALL THE INFORMATION AND MATERIAL GIVEN ON THE WEBSITE THAT RELATES IS INTENDED TO BE AS ACCURATE AS POSSIBLE. HOWEVER TO THE DEGREE OF THE LAW WE DON’T JUSTIFY THAT ALL THE CONTENT, DESCRIPTIONS, AND INFORMATION ACCESSIBLE ON THE WEBSITE IS COMPLETELY ACCURATE, FLAWLESS, UP-TO-DATE, ERROR-FREE, SOUND OR RELIABLE.
Apart from any personally identifiable information we may amass from you under the guidelines established in our Privacy Statement, any information, ideas, feedback, testimonials, suggestions, inquiries, or material you provide us will be treated as non-proprietary and non-confidential. You are responsible for the information, profiles, goals, opinions, messages, comments, photos and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with this Site, and that you, and not windsoleil.com, are fully responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership.
You agree that you will not upload, post, submit, or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission made by you. WindSoleil will not be legally responsible for the content of any such Submissions, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
With you transmitting or posting any Submission, you hereby grant us full rights of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, or assign the Submission in any way as we see fit.
7. USER AGREEMENT
Whatever you submit, send, fax, e-mail, post, or otherwise make available to the site, you are entirely responsible for. With use of the site, you agree not to without limitation engage in submitting content that: (a) has racially, ethnically, or otherwise offensive to others: (b) is harmful, threatening, harassing, abusive, defamatory, offensive, obscene, explicit, sexually explicit, unlawful, libelous, slandering, or otherwise violate the rights of others: (c) has anything that exploits children or minors or that portrays brutality to animals: (d) has any robots, spiders, scraper or viruses to access the site: (e) provoke illegal activity: (f) is copyrighted, trademarked, or other proprietary rights materials without the express permission from the owner.
If necessary WindSoleil may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, WindSoleil will cooperate with law enforcement agencies in any investigation of suspected illegal activity on this Site.
8. AGREEMENT MODIFICATIONS
Any content and information offered or placed on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the preceding, WindSoleil reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services offered through the Site, at any time.
9. RESTRICTIONS AND USE
10. INTELLECTUAL PROPERTY
With use of the site, you agree to defend, indemnify and assure us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
These terms and conditions apply to you when you access the Site and/or completing the registration and/or shopping process. These terms and conditions, or any of them, may be terminated by WindSoleil without notice at any time for any reason.
13. LIABILITY LIMITATIONS
WINDSOLEIL, ITS EMPLOYEES, WORKERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WINDSOLEIL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. WITH USE OF OUR WEBSITE, YOU CONCUR THAT WE WILL NOT BE RESPONSIBLE, LIABLE (CONTRACT, IN TORT, NEGLIGENCE) UNDER ANY CIRCUMSTANCE FOR (A) ANY SITE ACCESS DELAYS OR SITE ACCESS INTERRUPTIONS; (B) MISDELIVERY OF DATA OR NON-DELIVERY; (C) ANY SORT OF LOSS OR DAMAGES INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON OUR SITE; (D) DISRUPTION OF BUSINESS; (E) COMPUTER VIRUS, SYSTEM FAILURES, OR MALFUNCTIONS THAT TAKE PLACE IN UTILIZATION OF THE CHATTO SITE. THESE LIMITATIONS SHALL BE APPLICABLE IN SPITE OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14. COPYRIGHT AND TRADEMARK INFRINGEMENTS
We at WindSoleil respect the intellectual property rights of others. If you believe that a work has been subject to copyright or trademark infringement on the Site, please provide WindSoleil with all of the following information:
A physical or electronic signature of the person authorized to act on behalf of the proprietor of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site.
A description of where the material that you claim is infringing is located on the Site;
A statement by you that you have a belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notification is precise and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your address, telephone number, and email address and other necessary information reasonably sufficient to allow WindSoleil to contact you;
For notification of copyright and trademark infringement on the WindSoleil site please use our contact page to contact us or by mail:
1850 Emerson St.
Evanston, IL 60201
Under Section 512(f) of the Copyright Act, any person who deliberately materially misrepresents that material or activity is infringing may be subject to liability.
WindSoleil at any time has the right in discretion to provide changes to our Terms and Conditions. Any changes applied to the site instantly become effective once finally posted. WindSoleil at any time may revise these Terms at any time by modifying the terms and conditions page. Frequent visitation to this page from time to time to review the current Terms and Conditions is highly recommended. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on this Site.