TERMS AND CONDITIONS
Please read the following terms and conditions carefully as your use of service for Tailwinds.com operated by Tailwinds, Inc. (“Tailwinds”) is subject to your acceptance and compliance with the following Terms and Conditions (“Terms”).
If you wish to purchase any product or service you may be asked to provide relevant information to process the order. Please be sure to state the exact billing name and address. Incorrect information may cause a delay in processing your order.
Gift Certificates must be redeemed online at www.tailwinds.com or by phone at 800-Tailwinds (800-824-5946). Orders exceeding the amount of the Gift Certificate must be paid with a credit card, and any unused balance will be placed in the recipient’s Gift Certificate account. Unused balances cannot be transferred and must be used toward a Tailwinds.com purchase. Tailwinds does not accept responsibility for lost or stolen Gift Certificates.
TAILWINDS, INC. WEB SITE AGREEMENT:
The Tailwinds.com Web Site (the "Site") is an online information service provided by Tailwinds, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Tailwinds may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
COPYRIGHT, LICENSES AND IDEA SUBMISSIONS:
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Tailwinds, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Tailwinds a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Tailwinds by all means and in any media now known or hereafter developed. You also grant to Tailwinds the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Tailwinds for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Tailwinds.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Tailwinds. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
USE OF THE SITE:
You understand that, except for information, products or services clearly identified as being supplied by Tailwinds, Tailwinds does not operate, control or endorse any information, products or services on the Internet in any way. You also understand that Tailwinds cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Tailwinds reserves the right to change, alter, and revise our site content, including images and prices without prior notice. Tailwinds makes every attempt to accurately depict product descriptions, images and pricing.
You assume total responsibility and risk for your use of the Site and the Internet. Tailwinds provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Tailwinds shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Tailwinds does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
LIMITATION OF LIABILITY:
In no event will Tailwinds be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Tailwinds or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. In such states, Tailwinds liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless Tailwinds, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Tailwinds, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Tailwinds may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall include, without limitation, ownership provision, warranty disclaimer, indemnity, and limitations of liability.
All transactions and usage of the Tailwinds website as well as the aforementioned Terms shall be governed and construed in accordance with the Laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
If you have questions about these Terms, please contact us.