WINDY WILLOW LLC TERMS-OF-USE AGREEMENT

WELCOME TO THE WINDY WILLOW LLC WEBSITE. THE TERMS OF THIS AGREEMENT INCLUDE ALL SUBPAGES AND SUCCESSOR PAGES OF WINDY WILLOW LLC. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE. IN ORDER TO REGISTER WITH WINDY WILLOW LLC OR USE ANY OF WINDY WILLOW LLC’S SERVICES YOU MUST EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS.

 

1. Use of Site

 

This website is provided solely for the use of current and future customers of Windy Willow LLC and any affiliates, officers, directors, employees, agents, third-party content providers, or licensors (collectively “Providers”) to provide you with information about our company, permit you to place orders for our products and services, establish access to use those products and services, and enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. For example, you should not use any features of this site that permit communications or postings to pose, transmit, display, or otherwise communicate:

 

a)     any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

b)    any advertisement, solicitation, spam, chain letter, or other similar type of information;

c)     any encouragement of illegal activity;

d)    unauthorized use or disclosure of private, personally identifiable information of others; or

e)     any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

 

2. Site Contents and Ownership

 

The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (“Contents”) are the property of Windy Willow LLC and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You may not display, copy, distribute, download, and print portions of this site for any reason without the written permission of Windy Willow LLC. If granted, you must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Windy Willow LLC does not grant you any form of express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

 

3. Disclaimer of Warranty

 

You expressly agree that use of windywillowapparel.com through squarespace.com is at your sole risk. Windy Willow LLC and its Providers do not warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Contents.

 

The Contents may contain errors, omissions, inaccuracies, or outdated information. Further, Windy Willow LLC and its Providers do not warrant reliability of any statement or other information displayed or distributed through the site. Windy Willow LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Windy Willow LLC may make any other changes to this site, the Contents and the products, programs, services, or prices described in this site at any time without.

 

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. WINDY WILLOW LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, CONTENT, INFORMATION, OR MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WINDY WILLOW LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

 

4. Limitation of Liabilities

 

YOU AGREE THAT WINDY WILLOW LLC SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

In no event, including, without limitation, a negligent act, shall Windy Willow LLC or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether Windy Willow LLC or any of its providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

All electronic payment functions relating to any money transaction conducted through Windy Willow LLC is processed by Stripe. No electronic or hardcopy data relating to electronic credit transactions ever reaches or passes through Windy Willow LLC’s servers or data storage systems. Any failure of payment or electronic transaction services arising out of or related to Stripe’s service is subject to their policies and terms of service. A copy of Stripe’s terms of service may be found here: Stripe's Legal Page. Windy Willow LLC is not in any way responsible for customer identification information stored by Stripe. Please review Stripe's Privacy Policy

 

5. Indemnification

 

You agree to indemnify, defend, and hold harmless Windy Willow LLC and its Providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

 

If you become a part of any dispute with Stripe which gives results in litigation or arbitration, you agree to indemnify, defend, and hold harmless Windy Willow LLC and its other Providers against any and all potential or actual liability, claims, or expenses arising out of your dispute with Stripe.

 

6. Data Ownership and Privacy Policy

 

You agree to the terms and conditions of Windy Willow LLC’s Privacy Policy. Review to access Windy Willow LLC’s Privacy Policy governing the use of information that Windy Willow LLC obtains from you through your use of this website.

 

7. Limitations on Claim

 

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

 

8. Term and Termination

 

Without limiting its other remedies, Windy Willow LLC may immediately discontinue, suspend, terminate, or block any user’s access to this site at any time in our sole discretion.

 

9. Hyperlink Disclaimers

 

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Windy Willow LLC. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Windy Willow LLC. Windy Willow LLC does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Windy Willow LLC. Links do not imply that Windy Willow LLC or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Windy Willow LLC or any of its affiliates or subsidiaries. Except for links to information authored by Windy Willow LLC, Windy Willow LLC is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Windy Willow LLC reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

 

10. Controlling Law, Jurisdiction, and International Users

 

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Windy Willow LLC makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Macomb County, Michigan for any disputes with Windy Willow LLC arising out of your use of this site.

 

11. Entire Agreement

 

This Agreement constitutes the entire agreement between Windy Willow LLC and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Windy Willow LLC with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

12. Severability

 

If for any reason a court of competent jurisdiction finds any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms hereof shall remain in full force and effect and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid, enforceable, and that comes closest to expressing the intention of such invalid or unenforceable term.

 

13. Modifications to Agreement

 

Windy Willow LLC may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Windy Willow LLC does not and will not assume any obligation to notify you of changes to this Agreement.

 

14. Electronic Communications and Electronic Signatures

 

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Windy Willow LLC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.