Please read the following TERMS AND CONDITIONS carefully before using this website.
This TERMS AND CONDITIONS (“T&C”) is entered into by the User and 1931085 Ontario Ltd DBA Tailwind, having its office at 12015 Crowland Avenue, Niagara Falls, Ontario, Canada, L3B 5N4 (“Company”).
1. ACCEPTANCE OF TERMS
By entering the Site and / or any page accessible on the Site and / or by posting content on the Site or dealing with COMPANY in any way through the Site, the User accepts, without limitation or qualification, to be bound by the terms of this T&C. This T&C sets forth the terms and conditions under which the User uses the Site and under which COMPANY agrees to the use of the Site.
You agree to abide by any applicable posted guidelines for all COMPANY Sites, which may change from time to time. Should you object to any term or condition of the T&C, any guidelines, or any subsequent modifications thereto or become dissatisfied with COMPANY Sites in any way, your only recourse is to immediately discontinue use of COMPANY Sites.
If the User does not wish to be bound by the terms the User should not access or use the website.
2. SCOPE OF THE SITE
You understand that all postings, text, information provided by you in the ‘buy now’ for the Company’s products, and online payment transfer options such as credit card, and E- check or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Site. You understand that COMPANY does not control, and is not responsible for Content made available through the Site. Furthermore, the COMPANY site and Content available through the Site may contain links to other websites, which are completely independent of COMPANY. COMPANY makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will COMPANY be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that the Site does not pre-screen or approve Content, but that COMPANY shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the T&C or for any other reason.
3. THIRD PARTY CONTENT AND SITES
The COMPANY site and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of COMPANY including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or Sites, and the Internet as a whole.
You agree that COMPANY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any third party interactions. If there is a dispute between users and any third party, you understand and agree that COMPANY is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Site.
COMPANY's responsibilities are limited as below:
5. USER TYPE AND ACTIVITY
User may surf the Site and view Content without registering on the Site. However to order the products and/or make payments through the Site, user is required to enter details on the Site as applicable. User shall provide Company with correct, full, and updated information. Failure to do so shall constitute a breach of the T&C, wherein the Company has the option of terminating the transaction.
COMPANY reserves the right to refuse use of the system and Sites to anyone at any time for any reason without notice.
The use of the Site and Sites is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 18) are prohibited from using the system and Sites.
By supplying your information for upload to the Site, you grant COMPANY a no-charge, non-exclusive, worldwide license to use such information for the purpose of providing the Site to authorized users.
User shall be responsible for the payment of any taxes associated with using the Site. The cost for transactions on the Site is subject to change without notice and will be posted at all times on the Site.
6. FEES AND PAYMENTS
Unless otherwise stated, all product prices are quoted in US Dollars. User is responsible for paying all prices and applicable taxes related with the Site use.
Users are responsible for all taxes and tariffs related to intercountry shipments. Company will collect and report state and local taxes applicable to the User's shipping address. The Company does not in any manner whatsoever hold liability for any errors in payment amounts, method, technical problems in payment, etc. The Site does not, at any time, receive or hold any monies intended for users.
By visiting the Site, the user authorizes COMPANY to, at any time and from time to time, confirm the user’s identity and take steps to validate the financial transactions the user performs on the Site. To help these security checks, the user agrees to provide COMPANY with identification or other information or documents as COMPANY requests.
COMPANY policy is not to provide to third parties any list of users, user addresses, user e-mail addresses or other such user information for commercial purposes. However, Site may occasionally reference user company name in User lists or press releases issued by Site regarding the licensing and/or usage of the Site.
The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Site or any sale being conducted on the Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure.
8. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE
Without prejudice to any other rights that it may have, COMPANY reserves the right and sole discretion to change, limit, terminate, modify or alter at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications, if the User continues to use the website after they have been posted. In case of fraud or scam COMPANY will suspend your account. Such modifications shall become effective immediately upon the posting thereof.
COMPANY may terminate Users use of the Site if the Site believes that User has violated or acted inconsistently with the letter or spirit of these T&C. COMPANY may also in their sole discretion and at any time discontinue providing the Sites or any part thereof and shall not be liable to User or any third-party for any termination of User access to the Site.
In the event COMPANY terminates this T&C, the User must immediately stop using the Site.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to COMPANY or email addresses through COMPANY computer systems, is expressly prohibited by this T&C. Any unauthorized use of COMPANY computer systems is a violation of the T&C and certain federal and state laws, such violations may subject the User and his or her agents to civil and criminal penalties.
10. USE OF COMPANY'S PRODUCTS
User agrees that it is the User's responsibility to use the products purchased on the Site in accordance with Company's EULA and applicable laws. User understands and agrees that Company is not responsible for any claims or damages incurred in connection with the User's or any third party's use or misuse of the Products. To protect their security and value, Products may not be resold, re-licensed, transferred or otherwise further distributed without prior written permission from Company. Reselling on any online site or by any other method is strictly prohibited and will disqualify the reseller from future purchases of Company Products. The User's purchase of Company Products does not grant the User a right to reproduce additional copies of products.
11. INTELLECTUAL PROPERTY RIGHTS
The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of COMPANY.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site and content and applications (including but not limited to, related software and including but not limited to any images, graphics, photographs, animations, video, audio, text and "applets," incorporated into the software, and any copies of the software), are owned by COMPANY, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
User information and content on the Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The Site may at its discretion, in appropriate circumstances, terminate or suspend Site and/or access to the Site in the case of users who infringe the intellectual property rights of others.
This T&C does not grant the User any rights to use such content, other than the right to use the Site according to the terms of the T&C. The User further agrees not to reproduce, duplicate or copy Content from the Site without the express written consent of COMPANY, and agrees to abide by any and all copyright notices displayed on the Site. User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site.
12. GEOGRAPHICAL EMBARGOES AND RESTRICTIONS
Please note that Company may restrict the sale of certain products within specific geographic regions because of various contractual arrangements. If the Product(s) have been rightfully obtained within Canada, User warrants and represents that neither the products nor any technical data received by the User from Company will be exported outside of Canada, except as authorized.
13. RISK OF LOSS AND RETURNS
Shipping within Canada is FOB Destination with freight from Company warehouse charged to the User. Returns are to be made in accordance with the Company Returns Policy.
14. DISCLAIMER OF WARRANTIES
THE USER WARRANTS THAT ALL INFORMATION THAT IS PROVIDES BY USER ("USER INFORMATION") IS ACCURATE AND COMPLETE.
COMPANY PROVIDES THE SITE ON AN "AS IS," AND AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF COMPANY IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM AND LOSE OF DATA THAT RESULT FROM THE ABOVE.
COMPANY DOES NOT WARRANT THE SECURITY OF THE SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, MEET YOUR REQUIREMENTS, TIMELY ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
THE USER’S USE OF THE SITES IS AT HIS OWN RISK. IN THE EVENT THE USER HAS A DISPUTE WITH A THIRD PARTY, THE USER SHALL RELEASE COMPANY (AND ITS AGENTS AND EMPLOYEES) FROM ALL CLAIMS, COSTS, EXPENSES, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF THE USER’S ENTRY ONTO THE SITE, ANY MISINFORMATION THAT THE USER PROVIDES TO THE SITE, OR ANY ACTION THAT THE USER TAKES IN VIOLATION OF ANY OF THE RULES, TERMS OR CONDITIONS OF THE SITE.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR (I) ANY TERMINATION OF USER ACCESS TO THE SITE, ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SITE, PROVISION OF OR FAILURE TO PROVIDE THE SITE, LOSS OF DATA, THE USER ACCESS OR INABILITY TO ACCESS OR USE THE SITE OR THE USE AND RELIANCE ON LINKS, INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The User agrees to defend, indemnify and hold harmless COMPANY, its affiliates, representatives, and its officers or partners, directors, employees, agents and suppliers from any claim or demand made by any third party due to or arising out of any activity by user on the Site and through use of the Company’s products purchased on the Site, user violation of these Terms and Conditions or user violation of the rights of any party and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this T&C by the User (or any parties who use his computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message ,payment transactions information, software or other materials on the Internet by the User (or any parties who use the User’s computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the Site, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this T&C; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.
17. DATA MANAGEMENT
The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.
The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his information.
COMPANY is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the Site software (including any personalization information) and other identifying information requested by COMPANY or its portal supplier may be placed in the Site’s user directory.
18. MISCELLANEOUS PROVISIONS
If any part of this document 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.
By submitting any user or payment information on the Site, the User (i) represents that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrants that no other party has rights to the information and that his submission of the information does not violate any copyright or other laws.
This Agreement shall be governed by the laws of the Province of Ontario and of Canada, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. User hereby consent to the exclusive jurisdiction of the Superior Court of Justice in Toronto, Ontario Canada, and that court shall be the exclusive forum for any dispute arising out of this Agreement or the performance of the obligations hereunder.
This T&C constitutes the entire agreement between the User and COMPANY with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this T&C in whole or in part; any attempt to do so shall be void. Any terms varying from this T&C in any written or electronic communication from the User are void. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19. EFFECTIVE DATE
This Terms and Conditions is effective on March 2, 2018.
We welcome your questions and comments on this document in the COMPANY feedback page on the Company Site or to firstname.lastname@example.org
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