PLEASE READ CAREFULLY. These Terms of Use ("Terms of Use") apply to use of The Unwind Company Shopping website located at https://unwind.com (the"Site"). The Site is the property of Unwind.com LLC. Before you make any purchases, you must first establish a customer account ("My Account"). BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THIS TERMS OF USE. IF YOU DO NOT AGREE, THEN DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.
Unwind.com reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, Unwind.com grants you (the "End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All media (downloaded or samples), custom software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Unwind.com, and is protected by copyright and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the prior express written consent of Unwind.com LLC. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and Unwind.com LLC reserves all rights not expressly granted hereunder. Unwind.com LLC expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
The Unwind Company & Unwind.com LLC are registered trademarks, trademarks or service marks of Unwind.com LLC. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Unwind.com LLC or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any Unwind.com LLC trademark or service mark without the express written consent of Unwind.com LLC is strictly prohibited.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify Unwind.com immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by Unwind.com or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or of any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by Unwind.com LLC in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the Site.
You also agree that Unwind.com LLC may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome or overcoming software security features limiting use of or protecting any Content, (3) attempted or actual discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Unwind.com LLC will not be liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information. You must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. The terms and conditions of our Privacy Policy will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While Unwind.com LLC takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL UNWIND.COM LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER UNWIND.COM SHOPPING WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for Unwind.com LLC to contact you at your e-mail address. To stop receiving our emails, send an e-mail to us at optout@unwind.com.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization (or 90 days for special or custom-built orders).
By purchasing goods at the Unwind.com LLC site or via other electronic or physical means (including but not limited to phone, electronic chat, mail, computer, or retail location) you agree that you have read and will comply to our "Shipping & Returns" policy as stated online at https://unwind.com/shipping-returns
6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, Discover Network, and government credit cards (this list of approved payment methods is subject to change by Unwind.com LLC at its sole discretion). Unless expressly set forth on the Unwind.com LLC site, we do not accept any other form of payment. If we offer or accept any other form of payment for any particular transaction, then you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT UNWIND.COM LLC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Unwind.com LLC of any discrepancies within sixty (45) days after they first appear on your credit card statement, then you agree that they will be deemed accepted by you for all purposes. If Unwind.com LLC does not receive payment from your credit card issuer or its agent, then you agree to pay all amounts due upon demand by Unwind.com LLC or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Unwind.com LLC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Mississippi and any other states or localities where Unwind.com LLC deems that such withholding is required or advisable.
7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Unwind.com LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Unwind.com LLC upon shipment of products that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order.
8. No Responsibility To Sell Mispriced Products Or Services. Unwind.com LLC shall have the right to refuse, reduce or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Unwind.com LLC shall have the right to refuse, reduce or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, then Unwind.com LLC shall issue a credit to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms. UNWIND.COM LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR UPON E-MAIL TRANSMITTAL TO YOU.
10. Indemnification. You agree to indemnify and hold harmless Unwind.com LLC and its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms of Use, or your violation of any law, regulation or third-party right. If you fail to assume such defense, then Unwind.com LLC may defend the action in any manner that it deems appropriate, and you agree to pay to Unwind.com LLC all costs, including reasonable attorneys' fees, that we incur in effecting such defense in addition to any sum that we may be required to pay by reason of any settlement or judgment against Unwind.com LLC. The provisions of this Section 10, and the indemnity hereunder, shall survive these Terms of Use and any performance hereunder.
11. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT AND INFORMATION ARE PROVIDED "AS IS." ALL OF UNWIND.COM LLC'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS AS STATED ON THE REPRESENTATIVE PRODUCT PAGES.
12. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL UNWIND.COM LLC OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES OR CONTENT ARISING OUT OF OR IN CONNECTION WITH THE DELAY OR INABILITY TO USE the UNWIND.COM LLC SITE OR RELATED SERVICES, ARISING OUT OF THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS IN CONNECTION WITH ANY INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE UNWIND.COM SITE. THE MAXIMUM LIABILITY THAT UNWIND.COM LLC SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO UNWIND.COM LLC BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF UNWIND.COM LLC. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
13. Additional Terms. Policies may be changed from time to time and are effective immediately upon posting to the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules that are applicable to the services that you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these Terms of Use.