Last updated:  August 10, 2017

General Conditions and Definitions

This Terms of Use and Sale agreement (“Agreement”) describes the terms of your use of the website www.windandthrottle.com (“Site”) or purchase of merchandise from the Site. Wind & Throttle LLC is an Illinois limited liability company (referred to hereafter as “we” or “us” or “Company”). By accessing or otherwise using this Site, you (“you” or “User”) agree to be bound by the terms of this Agreement and by the Company Privacy Policy. If you do not agree with the terms of this Agreement and the Privacy Policy, or are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone making a purchase from Company represents that she/he is 18 years of age or older or, if under the age of 18, that she/he has the consent of her/his parent or legal guardian.

Updates to Agreement

Company may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.

Site Accessibility and Security

User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. Company will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in Internet service that are beyond the control of Company and Site maintenance. Company will not be responsible for any data lost during Internet transmissions or User’s inability to make a purchase from Company via the Site.

Links to Third-Party Websites

THIS SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES PROVIDED BY OTHER CONTENT PROVIDERS. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE CONTENT, QUALITY, NATURE, OR RELIABILITY OF SUCH THIRD-PARTY WEBSITES. YOU SHOULD REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY POLICY, OF ANY SITE TO WHICH YOU NAVIGATE FROM THIS SITE. See Company Privacy Policy for more information.

Privacy

Company is committed to protecting the privacy of User information. See Company Privacy Policy for more information on Company’s privacy practices.

Pricing and Availability

All prices shown are in U.S. dollars. Taxes and shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens. Due to the nature of the Internet, it is not possible for Company to restrict access to its Site to only those locations where it does business. Some or all the products offered on the Site are not available to Users outside of the United States and may not be available to Users located in specific areas of the United States. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from Company in a location where such products may not be sold.

Errors

We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, photograph, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Out-of-Stock Items and Backorders

If an item that you order is out of stock or backordered, we will notify you of this status as quickly as possible. We offer you the substitution of an item of like quality subject to your approval. If you prefer to wait for the out-of-stock or backordered item, you will have the option of having any partial order processed and shipped before the out-of-stock or backordered item becomes available, although this may cause you to incur an additional cost to cover separate shipping. You also will have the option of receiving a refund for the out-of-stock or backordered item or, if a partial order has not already been processed and shipped, for your entire order that includes the out-of-stock or backordered item.

Processing, Shipping, and Handling

It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to provide you with the products you order. You agree to pay the shipping and any handling charges shown on the Site when you place your order. We reserve the right to change shipping and handling charges from time to time and without prior notice, so please check all charges before placing your order. Any shipping or handling charges may not reflect actual costs. All orders are shipment contracts, not destination contracts. Shipping times, if any, shown on the Site are estimates only, and delivery dates may vary. Items from a single order may be shipped in more than one package, and the shipments may originate from more than one location.

No Export by You

You agree that you will not obtain or direct shipment of product for export.

Payment

Payment must be made through Shopify Payments, although you will not need to establish a Shopify account. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling, and other amounts described on the Site) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

Returns Policy

You agree to our Returns Policy regarding all returns, exchanges, and order cancellations.

Trademarks and Copyrights

“Wind & Throttle” is a trademark of Company and all rights of this trademark are expressly reserved. Everything located on this Site is the exclusive property of Company or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Company or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your considering or making a purchase, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

If you are a copyright owner or an owner’s agent and find content on the Site that you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.

Website Manager

Wind & Throttle LLC

PO Box 930073

Wixom MI 48393

info@windandthrottle.com

773.242.9836

Disclaimer of Warranty and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER COMPANY NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT WARRANT THAT THIS SITE, INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY, AND COMPANY’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RETURN AND RECEIVE A REFUND FOR THE PRODUCT UNDER THE WIND & THROTTLE RETURNS POLICY.

Manufacturers of non-Wind & Throttle branded products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which vary from state to state. Wind & Throttle is not responsible for and does not guarantee any product claims made by manufacturers regarding product performance or protection. All claims arising from performance issues, failure or related concerns are to be directed to the product manufacturer. Wind & Throttle does not assume responsibly for claims made by manufacturers on any and all products sold through this site.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.

Electronic Communication

You agree to receive communications from Company in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you make a purchase, you become a Company customer and may receive promotional emails or SMS messages from Company. See Company Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving Company promotional emails or SMS messages.

Program Termination

Company may terminate this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Company will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 13, 14, 15, 18, and 19 will survive termination of this Agreement.

Dispute Resolution

You agree that this Agreement will be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that courts within Cook County in the State of Illinois will have exclusive jurisdiction over all disputes between the parties arising out of or relating to this Agreement.  You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.

Statute of Limitations

User agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of products through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.

Completeness and Severability

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Company to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Company of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law.

Contacting Us

If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to info@windandthrottle.com.