Terms & Conditions
This website ("our site") is operated by WINDSEEKER. Throughout our site, refer to WINDSEEKER and our site. By visiting our site or purchasing a product or service from us, you engage in our "Services" and agree to be bound by the following terms and conditions ("Terms"), including any additional terms, conditions or policies referenced herein and/or available by hyperlink. These Terms apply to everyone who uses our site, including without limitation browsers, vendors, customers, merchants, and contributors of content. Please read these Terms carefully before accessing or using our site. If you do not agree to all of the Terms, then do not access any part of our site or use any Services.Any new features or tools that we add to our site will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. If you continue to use our site after these changes are posted, you agree to the revised Terms.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence.A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we do our best to provide accurate information, we make no warranties with respect to the information provided on our site, and are not responsible if that information is not accurate, complete, up-to-date or otherwise does not meet your personal requirements. Any reliance on the material or information on our site is at your own risk. Our site may contain certain historical information that is not current and is provided for your reference only. We reserve the right to modify the contents of our 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.
SECTION 4 - MODIFICATIONS TO THE SERVICES, PRODUCTS AND PRICES
(a) Prices for our products and services are subject to change without notice. If you completed a purchase prior to a price change, the price change will not apply to that purchase, but will apply to any future purchases of products or services that you might make. (b) All product descriptions are subject to change at anytime without notice and at our sole discretion. We reserve the right at any time and without notice to modify or discontinue the Services (or any part or content thereof) or any of our product or service offerings .(c) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES (IF APPLICABLE)
(a) The products or services on our site may have limited quantities and are subject to return or exchange only according to our Return Policy available at https://www.windseekerboard.com (b) We make every effort to display as accurately as possible the colors and images of our products that appear on our site, however, the products may not be identical to the published descriptions and/or images that are displayed.(c) We reserve the right, but are not obligated, to limit the sales or delivery of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors(d) Any offer for any product or service made on our site is void where prohibited by law.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
(a) You agree to provide current, complete and accurate purchase information for all purchases made on our site.(b) In the event that we modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or the phone number you provided at the time the order was made.
SECTION 7 - THIRD PARTY LINKS AND SERVICES
(a) We may provide you with access to third-party links and services which we neither monitor nor over which we have any control nor input. Additionally, certain content, products and services available via our Service may include materials from third-parties. For example, third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third-parties.(b) You acknowledge and agree that we provide access to such third party links and services "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party links and services, including without limitation any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made with any third party.(c) Your use of third party links or services offered through our site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms, policies and practices on which such links and/or services are provided by the relevant third-party provider(s) before you engage in any transaction.(d) Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(a) If you send us ideas, suggestions, proposals, plans, or other materials or submissions, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.(b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.(c) You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Where permitted by applicable law, we reserve the right at any time and without prior notice (including after you have submitted your order), to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders (and refund any amounts paid with respect to such orders) if any information in the Service or on any related website is inaccurate.We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using our site, its content, or any of the products or services we offer: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or 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 or destructive code; (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.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(a) We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services or any products or services we offer for sale will be accurate or reliable.(b) You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.(c) You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Some jurisdictions do not allow limitations of implied warranties, so this limitation may not apply to you(d) In no case shall we, or our suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any services or products procured using the Services, or for any other claim related in any way to your use of the Services or any services or products procured using the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our licensors, service providers, and suppliers 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
(a) These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.(b) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and accordingly may deny you access to our Services (or any part thereof).(c) The obligations (including payment obligations) and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
SECTION 15 - WAIVER AND ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.These Terms and any policies or operating rules incorporated into these Terms or posted by us on our site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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).Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of State of Virginia.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms should be sent to us at: