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Shopthewindingroad.com Terms of Use

 

Welcome to the shopthewindingroad.com website, (the “Site”), operated by the Winding Road. We provide services to you subject to the notices, terms, and conditions set forth in this agreement (the Agreement). Throughout the site, the terms “we”, “us” and “our” refer to the Winding Road.

When you use any of our services (including, but not limited to accessing, browsing, purchasing, providing reviews making a purchase or otherwise using the site), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, as they are outlined in this Agreement. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may choose not to access the website or use any services.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right to change this Site and these terms and conditions at any time, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and send updates to customers who remain opted in to our email communications. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

AGE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

 

USE OF SITE

We may assign you a password and account identification to enable you to access and use certain portions of this Site (i.e. wholesale pricing and purchasing). Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

 

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio and video clips, and software (collectively, “Content”), belongs exclusively to the Winding Road. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to the Winding Road.

The Content, the Compilation, logos and photography on the Site are all protected by U.S. and international copyright laws. The use of any of our trademarks, images or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that may cause confusion or that disparages or discredits us.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise use Content from this Site unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, without limitation, if we believe that a customer violated our terms of use and copyright law.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes uploading or transmitting any bugs, viruses, or any other type of malicious code or properties that may in any way affect the functionality or operation or security of the website or service.

Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We use our best efforts to avoid any errors, omissions or inaccuracies in the site content.  However, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We 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, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

PRODUCTS, OFFERS AND PRICES

Because we work with small suppliers making handmade goods in developing countries, our products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products online. Our goods are hand made from natural materials using natural dyes so colors may vary and we cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product or any promotional offer at any time.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Products, content or offers without notice to you.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Products or Offers.

USER REVIEWS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We welcome comments, feedback and reviews regarding the site, our products and services.  Anything that you submit or post to the Site and/or provide us, including without limitation, reviews, comments, suggestions, ideas, information, techniques (collectively, “Submissions”) will be treated as non-confidential and non-proprietary, and will become and remain property of the Winding Road and may be used by us in our discretion without any obligation to compensate you.  We shall have the royalty- free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, transmit, adapt and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you grant us the right to use the name that you submit with any review, comment, or other Content in connection with such review, comment, or other content.

We do not accept confidential or proprietary information.  Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks. Credit card information is always encrypted during transfer over networks.

 

PRIVACY POLICY

Customer information is collected for the purpose of processing your order.   This information is kept confidential and is not shared with any 3rd parties.  We may use website and shopping data compiled anonymously and used solely for our statistical purposes in order to help us enhance the shopping experience for our customers. When you place an order, you will be added to our monthly email list, which we use to keep you updated on new products and our travels.  We do not send email more than 1 time per month, we do not share our email lists all of our emails include a link that allows you to permanently unsubscribe.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Please see our shipping policies for list of countries where we ship.

 

TERMINATION AND EFFECT OF TERMINATION

These Terms of Service are effective unless and until terminated by either you or us.

If in our sole judgment you fail, or we believe that you have failed, to comply with any term or provision of these Terms of Service, accordingly we may, at any time, without prior notice to you, terminate the

Agreement or revoke any or all of your rights and services granted under this Agreement. We reserve the right to refuse service to anyone for any reason at any time

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

 

DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED, THIS SITE, ITS CONTENT AND THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, DATA ACCURACY AND SYSTEM INTEGRATION.

THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE WINDING ROAD OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES TO ANY PERSON OR ENTITY OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO ACTUAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHERWISE.

THE WINDING ROAD IS NOT LIABLE FOR ANY INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  THE WINDING ROAD IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE ITS CONTENT OR PRODUCTS ON THE SITE, OR WITH ANY OF THE TERMS OF USE HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.   YOUR USE OF THE SITE IS AT YOUR OWN CHOICE AND YOUR OWN RISK.

 

THIRD PARTY LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such third party sites. We are not responsible for examining or evaluating the content or accuracy on third party sites, and we do not warrant and will not have any liability or responsibility for any third- party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

APPLICABLE LAW

This site is created and controlled by us in the State of Illinois, USA. As such, these Terms of Service, disclaimers, terms, and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of laws provisions.

 

DISPUTES

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Illinois, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Illinois. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

 

REMEDIES

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

 

SEVERABILITY

If any these provisions shall be deemed invalid, unlawful, void or for any reason unenforceable, that provision shall be deemed severed from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Winding Road, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

CONTACT INFORMATION:

Please send any questions or comments regarding this Site to:

marla@marlashowfer.com

The Winding Road, 228 Canterfield Parkway, West Dundee, IL 60118

Have questions Call 415-215-4971 8-6pm Central time Mondays-Fridays