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Terms & Conditions

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Welcome to www.windfallcase.com. This website is owned and operated by WINDFALL GROUP USA, LLC dba Windfall Case & Foam. By visiting our website and accessing or purchasing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'). This agreement is in effect as of January 1, 2021. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing or purchasing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted practices or guidelines. Wherein, you understand and agree that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

  2. You have familiarized yourself with the laws of your state governing the purchase and sale of firearms and firearms accessories. It is your responsibility to be familiar with their own local and state firearm related laws, restrictions and ownership requirements.

  3. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

  4. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

  5. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks, to which our Resources are located or connected, is strictly prohibited.

  6. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

  7. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

  8. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

    3. Contains any type of unauthorized or unsolicited advertising; and/or

    4. Impersonates any person or entity, including any www.windfallcase.com employee(s) and/or representative(s).

  9. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  10. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of WINDFALL GROUP USA, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

  11. You agree to indemnify and hold harmless WINDFALL GROUP USA, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  1. the use of our Resources will meet your needs or requirements.

  2. the use of our Resources will be uninterrupted, timely, secure or free from errors.

  3. the information obtained by using our Resources will be accurate or reliable, and

  4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; AND

  2. no information or advice, whether expressed, implied, oral or written, obtained by you from WINDFALL GROUP USA, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement or in specific WINDFALL GROUP USA product warranties.

 

LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. WINDFALL GROUP USA, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

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INDEMNIFICATION

You agree to indemnify and save harmless Windfall Group USA LLC, its trustees, officers, employees, and affiliates, from all losses, claims, liabilities, damages, judgements, expenses, and other costs of any nature whatsoever arising out of 1) the breach of any warranty made by any supplier to Windfall Case & Foam, 2) product liability claims against any supplier to Windfall Case & Foam, and 3) the negligence or intentional misconduct of any supplier, including its employees, agents, and contractors, to Windfall Group USA LLC.

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TYPOGRAPHICAL ERRORS
In the event that a www.windfallcase.com product is mistakenly listed at an incorrect price, www.windfallcase.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.windfallcase.com reserves 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 cancelled, www.windfallcase.com shall issue a credit to your credit card account in the amount of the incorrect price.

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COPYRIGHTS/TRADEMARKS
All content and materials available on www.windfallcase.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of WINDFALL GROUP USA, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by WINDFALL GROUP USA, LLC. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.windfallcase.com or purchasing www.windfallcase.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.windfallcase.com or to purchase www.windfallcase.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.windfallcase.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

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TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. GOVERNING LAW This website is controlled by WINDFALL GROUP USA, LLC. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of the State of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state court of the State of Texas, Harris County, Texas, you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

GUARANTEE
UNLESS OTHERWISE EXPRESSED, WINDFALL GROUP USA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT

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