Terms and Conditions

WindTherapy.rocks (Website") is operated by Skillman+Fernwood, LLC (“Skillman+Fernwood”).
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB WEBSITE. By accessing or using this Website, you agree to these terms of use, conditions and all applicable laws.
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THE TERMS AND CONDITIONS
Skillman+Fernwood reserves the right to change the terms, conditions, and notices, including but not limited to the charges associated with the use of the Website. You are responsible for regularly reviewing these terms and conditions.

TERMS OF USE OF THE Skillman+Fernwood WEBSITE
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE Skillman+Fernwood Website (“Website”). The following are the terms of the agreement between Skillman+Fernwood and the Buyer (“Buyer”) of any products through Skillman+Fernwood’s Website. Buyer is requested to review these terms carefully before ordering:

INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to goods and information provided by or through the Website. This Contract constitutes the entire and only agreement between Skillman+Fernwood and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the Website, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.

SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card or payment information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card, or payment company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Skillman+Fernwood within 24 hours of any breach of this Contract or unauthorized use of the password. Skillman+Fernwood does not protect Buyer from unauthorized use of Buyer's password.

COPYRIGHT
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Website is prohibited.
Notices and Procedures for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Skillman+Fernwood respects the intellectual property of others, and we ask our users and visitors to do the same. Skillman+Fernwood will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Skillman+Fernwood will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Skillman+Fernwood the following information. Please be advised that to be effective, the Notification must include ALL of the following:
• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Skillman+Fernwood Web Websites;
• your address, telephone number, and email address and all other information reasonably sufficient to permit Skillman+Fernwood to contact you;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Skillman+Fernwood, LLC 1212 Skillman Ave W Saint Paul MN 55113

EDITING, DELETING, AND MODIFICATION
Skillman+Fernwood reserves the right in its sole discretion to remove any goods for sale from the Website. Upon notice published over the Website, Skillman+Fernwood may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Website with respect to transactions occurring after said date.

RIGHT TO REFUSE
Skillman+Fernwood reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.

INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Skillman+Fernwood and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Website.

NON-TRANSFERABLE
Buyer's right to use the Website is not transferable and is subject to any limits established by Skillman+Fernwood or by Buyer's credit card or payment company.

DISCLAIMER
The goods offered through the Website are provided "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Skillman+Fernwood, for any reason, and buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. Skillman+Fernwood and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Skillman+Fernwood and buyer. This Website and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.

ORDER CONFIRMATION & SHIPPING
After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact Info@windtherapy.rocks.
Skillman+Fernwood orders are shipped on business days (Monday through Friday 8:30-17:00, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.
If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact Skillman+Fernwood at info@windtherapy.rocks.

DEFECTIVE PRODUCTS
If a product purchased is defective, Buyer shall contact Skillman+Fernwood within 14 days of receipt. In order to process its request, Buyer shall provide a detailed description of the defect and a proof of purchase.
IMPORTANT: Unfortunately, Skillman+Fernwood does not accept any returns. If deemed appropriate at Skillman+Fernwood’s own discretion, an online credit in the amount of the total purchase will be issued for defective products.
Please note: This section only applies to products purchased on the Website. Products purchased on the Website cannot be returned to a Skillman+Fernwood distributor.

USE OF INFORMATION
Skillman+Fernwood reserves the right, and Buyer authorizes Skillman+Fernwood, to the use and assignment of all information regarding Buyer’s use of the Website and all information provided by Buyer, subject to applicable law.

USER PARTICIPATION
Skillman+Fernwood is not in any manner responsible for the content of communications and materials posted to or created by users. However, Skillman+Fernwood reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Skillman+Fernwood at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Skillman+Fernwood in accordance with Skillman+Fernwood’s Privacy Policy.

USER SUBMISSIONS
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Website ("Communications") will be considered non-confidential and non-proprietary. Skillman+Fernwood will have no obligations with respect to the Communications. Skillman+Fernwood and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. Skillman+Fernwood may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. Skillman+Fernwood, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Website may contain links to other Websites on the Internet that are owned and operated by third party vendors and other third parties (the "External Websites"). However, even if the third party is affiliated with Skillman+Fernwood, Skillman+Fernwood has no control over these linked Websites, all of which have separate privacy and data collection practices, independent of Skillman+Fernwood. Skillman+Fernwood has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and therefore you access them at your own risk. Links do not imply that Skillman+Fernwood sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Websites.

GOVERNING LAW
This Agreement is governed by the substantive laws of the State of Minnesota, without regard to the principles of conflicts of law, provided, however, the obligation to arbitrate shall be governed by the Federal Arbitration Act, which preempts any law that limits arbitration. Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Minnesota.
Any cause of action of Buyer with respect to Skillman+Fernwood or its Website must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

LITIGATION
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of Minnesota and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website or Skillman+Fernwood is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Skillman+Fernwood to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

ORDER LIMITS
Products ordered online are not for resale. As such, Skillman+Fernwood reserves the right to limit order quantities per item and the total value of products ordered per day and per month.

CURRENCY & SALE TAXES
All prices on the Website are in US dollars. Buyer agrees that all orders shipped by Skillman+Fernwood are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.

SECURITY ONLINE
Credit card information entered on the Website is secure and safe using Shopify’s VeriSign SSL Certificate. All orders placed on the Website are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using Shopify’s consumer online security, Skillman+Fernwood can insure that all orders are placed safely and securely as possible. As such, Skillman+Fernwood is not liable for any direct or indirect damages related to credit card fraud or theft.

INTERNATIONAL ORDERS
At this time, Skillman+Fernwood ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.

ACKNOWLEDGMENT
This Agreement represents the entire understanding between Buyer and Skillman+Fernwood regarding its use of the Website and supersedes any prior statements or representations.

CUSTOMER SERVICE
For any questions on how to order or the status of an order, please contact Skillman+Fernwood at info@windtherapy.rocks for assistance.