MODIFICATION AND TERMINATION
House of Winders may at any time modify or discontinue any part of or function available on the Site without notice. Also, House of Winders may revise or update these Terms at any time, and such changes will be effective immediately upon being posted or linked to the Site. Your continued use of the Site means that you accept and agree to be bound by the revised Terms. Therefore, you should periodically review the current version of these Terms. The current versions of these terms, which supersede all previous versions, can be reviewed by clicking on the hyperlinks located at the bottom of every page on the site.
House of Winders may, in its sole discretion, terminate or suspend your access to all or part of the Site, without notice, for any reason, including but not limited to breach of these Terms, or for no reason. House of Winders shall not be liable to you or any third party for any modification or discontinuance of the Site or any termination of your access to the Site. All provisions of these Terms which are by their nature intended to survive termination and all representations, warranties, indemnities, disclaimers of warranties and limitations of liability shall survive such termination.
USE OF THE SITE AND THE CONTENT
House of Winders maintains the Site for your personal entertainment, information, education, communication and convenience. All contents of the Site, including but not limited to text, graphics, logos, Trademarks (as defined below), images, audio clips, video, data, music, software, application updates, files, information (including but not limited to information disseminated through Communication Services, as defined in “Communication Services”) and other material, and the design, selection and arrangement of the Site (collectively, the "Content") are the property of House of Winders or the respective owners and are protected, without limitation, under United States and international trademark, copyright and other intellectual property laws. You may use the Content for non-commercial, personal use only, provided you do not modify any Content or remove any trademark, copyright and other proprietary notices. You may not, directly or indirectly, download, print, copy, distribute, modify, transmit, reuse, create derivative works of, publicly display or perform, republish, report or otherwise disclose or use the Content for public or commercial purposes. The use of any Content on any other web site or computer environment is prohibited. Neither ownership nor any intellectual property rights to the Site or any Content are transferred to you, but remain with House of Winders or the respective owners, who intend to aggressively enforce their respective intellectual property rights to the fullest extent of the law.
You may not, directly or indirectly: (a) co-brand the Site, (b) frame or mirror the Site, or (c) link to the Site, without House of Winders’ prior written consent. For purposes of these Terms, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or the Content. You agree to cooperate with House of Winders in causing any unauthorized co-branding, framing or linking immediately to cease. You may not obtain or attempt to obtain any materials, content or information through any means not intentionally made available or provided through the Site.
You agree to use the Site and the Content only for lawful purposes and in accordance with these Terms and applicable law. You will not, directly or indirectly: (1) use any robot, spider or other automatic device, process or means to access the Site, (2) use any process to monitor or copy any of the Content or for any unauthorized purpose, (3) attempt to interfere with or use any device, software or routine that interferes with the proper or intended working of the Site, (4) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site, (5) violate or attempt to violate the security of the Site, or (6) take any action that could disable, overburden, damage or impair the Site, tamper with system resources or accounts or impose an unreasonable or disproportionately large load on House of Winders’ infrastructure.
You also agree not to do any of the following, either directly or indirectly: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected intellectual property, without written permission from the owner, (2) use the Site to violate the legal rights (including but not limited to the rights of publicity and privacy) of others or to violate the laws of any jurisdiction, (3) intercept or attempt to intercept electronic mail or other communications or comments not intended for you, (4) misrepresent the identity of or affiliation with any person or organization, including but not limited to House of Winders, (5) upload to or transmit on the Site any advertisements or solicitations of business, (6) restrict or inhibit use of the Site by others, including but not limited to disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other users to engage in real time activities via the Site, (7) upload or otherwise transmit files that contain a virus or corrupted data, (8) collect, analyze or use information about users (including but not limited to email addresses and use histories), (9) download a file or software or include in a message any software, files or links that cannot be distributed legally over the Site or are confidential (notwithstanding availability on the Site), (10) post “spam,” transmit chain letters or engage in other similar activities, (11) advocate illegal activity or discuss an intent to commit an illegal act, (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise, (13) disobey any policy or regulations including but not limited to any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site, (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded, (15) upload or transmit material to the Site that does not pertain directly to the Site, (16) upload or transmit material to the Site that contains links to other sites that contain content that falls within the prohibitions described in this Section, or (17) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by House of Winders, in its sole discretion, may harm House of Winders or users of the Site or expose them to liability.
VIOLATIONS OF THESE TERMS
Any violation of these Terms or applicable laws may result in the termination of your access to the Site and may expose you to civil and/or criminal liability. House of Winders reserves the right to investigate suspected violations of these Terms. House of Winders reserves the right, but does not assume any responsibility, to remove or block access to any material posted on the Site which House of Winders, in its sole discretion, deems inconsistent with the parameters set by House of Winders, including but not limited to any material House of Winders has been notified, or has reason to believe, constitutes infringement, and to terminate any user’s access to all or part of the Site. However, House of Winders can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, House of Winders assumes no liability for any action or inaction regarding or responding to transmissions, communications or content provided by third parties. House of Winders reserves the right to take any action it deems necessary to protect the safety of users of the Site and the public; however, House of Winders has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
House of Winders reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. House of Winders reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing House of Winders to disclose the identity of any user and any materials that are believed to violate these Terms. You agree to waive and shall defend, indemnify and hold harmless House of Winders from any claims resulting from any action taken by House of Winders during or as a result of investigations by either House of Winders or law enforcement authorities.
To access the Site or certain part of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. We may refuse to grant to you the user name you request. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, phone or device, and you agree to be responsible for all activities that occur under your account or password.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including but not limited to your credit card number, the expiration date of your credit card, your billing address and your shipping information. You represent and warrant that all transactions initiated by you are bona fide, and you have the legal right to use any credit cards or other payment methods you use in connection with completing any transaction. By submitting such information, you grant to House of Winders the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
House of Winders reserves the right, without notice, to do any one or more of the following: (1) limit the available quantity of or discontinue any product or service, (2) impose conditions on the honoring of any coupon or promotion, (3) bar any user from making or completing any or all Transactions, and (4) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including but not limited to all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your Transactions.
House of Winders or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
ACCURACY OF INFORMATION
The product information and details that are provided on the Site are for information only and are subject to change without notice. Always verify the model and product information when requesting information or purchasing products. Some products listed may no longer be available. Some information may not be current, or may have changed since the last time you viewed or downloaded it. House of Winders strives to display as accurately as possible the colors of the products shown on the Site; however, we cannot and do not guarantee that your monitor's display of any color will be accurate. House of Winders assumes no liability or responsibility for any errors or omissions in the Content or the Site. We do not represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitation of liability set forth in these terms.
DEALINGS WITH THIRD PARTIES
DISCLAIMERS OF WARRANTIES
Except as stated in House of Winders’ warranty, the site, the content and the products and services provided on or available through the site are provided on an “as is” and “as available” basis, with all faults, and neither House of Winders nor anyone associated with House of Winders makes any warranty or representation with respect to the quality, accuracy or availability of the site, the content or any products and services provided on or available through the site. Without limiting the foregoing, neither House of Winders nor anyone associated with House of Winders warrants or represents that the site, the content or the products or services provided on or available through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components, or that the site, the content or any products and services provided on or available through the site will otherwise meet your needs or expectations. Except for House of Winders’ warranty, House of Winders disclaims all warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You understand that House of Winders cannot and does not guarantee or warrant that any files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, accuracy of data input and output and for maintaining a means external to the Site for any reconstruction of any lost data. House of Winders does not assume any responsibility or risk for your use of the Internet. House of Winders also is not responsible for any damage to your computer, phone, device or other property, including but not limited to viruses, on account of your access to, use of or browsing in the Site, your downloading of any Content from the Site or your participating in Communication Services.
The Content should not be used to replace any literature or product notices released by House of Winders. All of the information on the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and House of Winders does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.
Limitation of liability and exclusion of damages
if you disagree with these terms (including but not limited to any revisions) or are dissatisfied with the site or the content, your sole and exclusive remedy is to discontinue using the site.
Except as stated in House of Winders’ warranty for products sold by House of Winders, House of Winders will not be liable for any damages of any kind, under any legal theory and regardless of the form of action (whether in contract, tort or otherwise), including but not limited to any direct, indirect, incidental, special, consequential or punitive or enhanced damages, arising out of or in connection with your use of, or inability to use, the site or any linked site, the content available through the site or any linked site, or with respect to any products or services provided on or available through the site or any linked site, whether or not there is negligence by House of Winders and whether or not House of Winders has been advised of the possibility of any such damages. This is a comprehensive limitation of liability that includes but is not limited to personal injury, pain and suffering, emotional distress, lost profits, lost sales and damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in the site, the content, services or products.
Each provision of these terms that provides for a limitation of liability or disclaimer of warranties effectively allocates the risks between you and House of Winders. This allocation is an essential element of the basis on which House of Winders provides the site. The limitations will apply even if any limited remedy fails of its essential purpose(s).
You shall defend, indemnify and hold harmless House of Winders and others involved in the Site or the delivery of products, services or information through the Site (collectively, the “Indemnified Parties”) from any and all claims, liabilities, demands, loss, damages, costs, expenses and attorneys' fees arising out of or relating to your use of the Site or participation in Communication Services, including but not limited to any of your Submissions or any alleged facts that, if true, would constitute a breach by you of these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use.
The headings listed in these Terms are provided for convenience only and will not affect their construction or interpretation.
These Terms and House of Winders’ Warranty, as either may be revised from time to time, describe the entire agreement between you and House of Winders with respect to the Site, the Content and your Transactions, and no other terms that may have been communicated to you orally or in any other manner, including but not limited to postings via Twitter or Facebook, have any force or effect. If any provision of these Terms is unenforceable, the unenforceable provision shall not impair any other provision of these Terms, which shall remain in full force and effect, and such unenforceable provision will be modified so as to render it enforceable and then applied in such modified form. House of Winders’ failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of that provision. House of Winders shall not be deemed to have waived any provision of these Terms unless it agrees to do so in writing. Neither a course of dealing or conduct between you and House of Winders nor any trade practices shall be deemed to modify these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between you and House of Winders as a result of these Terms or your access to or use of the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without House of Winders’ prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.