Terms Of Use

By the use of this website, you have indicated unconditional acceptance of these terms of use. We reserve the right, in our sole discretion to update or edit these terms of use. Following the posting of any chances to the terms of use, continued usage of this site constitutes acceptance of those changes.

Use of the Site:

You may use the site only in agreement with and subject to these Terms of Use and the Site’s Privacy Policy. Once you complete and submit your registration, you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or barred by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of Warm Winds, LTD or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in reaction to specific requests for information by us.

Introduce to the Site or any other computer or website viruses, worms, Trojan horses and /or harmful codes.

Obtain unauthorized access to any computer system.

Impersonate any other person including but not limited to, a registered user of this Site or an employee of Warm Winds, LTD.

Infringe on the the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.

Misrepresent the identity of a user or use a false e-mail address.

Tamper with or obtain access to this Site or any component of this Site.

Conduct fraudulent activities.

Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

Membership Eligibility:

The Site is available to members who are 13 years and older, residents of the United States, and who have not been suspended or removed by Warm Winds, LTD for any reason. By becoming a member you represent that you are of legal age and that you reside in the United States. If you do not qualify, you may not use the Site. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site’s registration form. Members may not have more than one active account.

Additional Terms and Conditions:

Supplementary terms and conditions may be relevant to specific portions of the Site or your membership which terms are made part of these Terms of Use by reference. You consent to abide by such other terms and conditions. If there is a difference between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.

Proprietary Rights:

You recognize and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Warm Winds, LTD and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You consent not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not specifically permitted in these Terms of Use is prohibited. Warm Winds, LTD relies upon a network of independent vendors who supply some of the goods advertised on the Site. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

Typographical Errors:

In the event a Warm Winds, LTD product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Warm Winds,LTD shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Warm Winds, LTD shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Warm Winds, LTD shall issue a credit to your credit card account in the amount of the incorrect price.

Term and Termination:

These terms and conditions are applied to you upon your accessing the Site and/or completing the registration process. These terms and conditions, or any of them, may be modified or terminated by Warm Winds, LTD without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

User Participation:

Warm Winds, LTD does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing yourself with the ability to view and distribute user generated content on the Site, Warm Winds, LTD is merely acting as a passive medium for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Warm Winds, LTD reserves the right to obstruct or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Warm Winds, LTD at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Warm Winds, LTD in accordance with Warm Winds’ Privacy Policy.

User Submissions:

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Warm Winds, LTD will have no obligations with respect to the Communications. Warm Winds, LTD and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Links to Third-Party Websites:

No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other part of any linked website. In no occasion shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

User Blogs. Chat Rooms, Message Boards:

Warm Winds, LTD may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Warm Winds, LTD, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Submissions:

Any comments, ideas, notes, postings, messages suggestions or other communications or information posted on the Site submitted to Warm Winds, LTD, or otherwise exchanged in connection with your use of the Site (collectively ,”Submissions”) shall be and remain the exclusive property of Warm Winds, LTD with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO WARM WINDS, LTD CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF WARM WINDS LTD. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO WARM WINDS THAT WARM WINDS IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY WARM WINDS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. WARM WINDS, LTD takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

Indemnification:

By using this Site, you agree to indemnify, hold harmless and defend Warm Winds, LTD their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that begins in connection with (1) your use or misuse of the Site; (2) your breach of the Terms of Use; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Warm Winds, LTD holds the right to presume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Disclaimer of Warranty:

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, WARM WINDS, LTD DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability:

IN NO EVENT SHALL WARM WINDS, LTD OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF WARM WINDS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF WARM WINDS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO WARM WINDS, LTD IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING , IN NO EVENT SHALL WARM WINDS OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF WARM WINDS.

You hereby recognize that the former paragraph shall apply to all content, merchandise, and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

International Use:

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who desire to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Claims:

Each claim or statement about the effectiveness of Warm Winds, LTD products and/or each claim or statement comparing the effectiveness of Warm Winds, LTD products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

Affiliates:

Warm Winds, LTD is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Warm Winds, LTD reserves the right to void all service, return, and other policies for orders and Warm Winds, LTD products that were purchased through unauthorized sellers. Warm Winds, LTD is not responsible for any representations by unauthorized sellers.

Unavailability of Site; Termination; Fraud:

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately.

In the event these Terms of Use or your membership or account are discontinued the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

From time to time Warm Winds, LTD may run promotions intended to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Warm Winds, LTD by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.

Copyright Infringement: Notice and Take Down Procedures:

If you judge that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright matters relating to this Site is: Copyright Agent: Warm Winds, LTD., 26 Kingstown Road, Narragansett, RI 02882, staff@warmwinds.com.

Choice of Law and Forum:

These Terms of Use and any dispute of any sort that might arise between you and Warm Winds, LTD or its parent, subsidiaries or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its divergence of law principles, as it is applied to agreements entered into and performed therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts Rhode Island, provided, however, that notwithstanding anything contained in these Terms of Use to the contrary we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irreversibly waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non convenience which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

Arbitration:

By using this Site, you agree that Warm Winds, LTD, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly occurring circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Miscellaneous:

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Warm Winds, LTD with respect to the Site and surpass all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Warm Winds, LTD with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties and the remaining portions shall remain in full force and effect. The failure of Warm Winds, LTD to act with respect to a breach by you or others does not waive Warm Winds LTD.’s right to act with respect to subsequent or similar breaches. Warm Winds, LTD.’s failure to exercise or enforce any right or provision of these Terms of Use shall not represent a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.