Welcome to Winding Brook Estate. Before you use WindingBrookEstate.com web
site (the “Site”), please read the following basic terms that govern your use
of the Site. By using the Site, you agree to follow and be bound by these terms
(the “Agreement”).
General
We may from time to time change the rules that govern your use of the Site.
Your use of the Site following any such change constitutes your agreement to
follow and be bound by the rules as changed. We may change, move or delete
portions of, or may add to, the Site from time to time including, but not
limited to, content and equipment and/or software needed for access or use.
Copyrights, Trademarks and other Intellectual Property Rights
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, and other written materials that are part of the Site are
copyrights, trademarks, trade dress and/or other intellectual properties owned,
controlled or licensed by Winding Brook Estate. The Site as a whole is
protected by copyright and trade dress, all worldwide rights, titles and
interests in and to which are owned by Winding Brook Estate.
All other trademarks, service marks, product names and company names or
logos appearing on the Site are the property of their respective owners. Any use
of such trademarks, service marks, product names and company names or logos,
including the reproduction, modification, distribution or republication of same
without the prior written permission of the owner of same, is strictly
prohibited.
The materials on the Site, and the Site as a whole, are intended solely for
personal, noncommercial use. You may download or copy the downloadable
materials displayed on the Site for your personal use only. No right, title or
interest in any downloaded materials or software is transferred to you as a
result of any such downloading or copying. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit in any way, in whole
or in part, any of the materials on the Site, the Site as a whole, or any
related software without the prior written permission of Winding Brook Estate.
Further, you may not frame any of the content, deep-link to the Site, trespass
or scrape the Site with automated agents without prior written permission of Winding Brook Estate.
User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed,
submitted or offered to Winding Brook Estate or otherwise disclosed,
submitted or offered in connection with your use of the Site shall be and
remain Winding Brook Estate’ property. Such disclosure, submission or offer
shall constitute an assignment to Winding Brook Estate of all worldwide
rights, titles and interests in all copyrights and other intellectual property
rights in such comments, feedback, suggestions, ideas and other submissions.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at Winding Brook Estate are the sole responsibility of the customer. Winding Brook Estate cannot
be held responsible (nor vouch) for any orders with pending taxes, duties or
licenses.
Changing an Order
If you have already placed an order you may or may not be able to make changes
to that order. If an order has not yet shipped we will allow you to make
changes to your order. To make a change, contact us at as soon as possible. If
we are able to make the change we will do so. If the order has already shipped
we will be unable to make the requested changes. We will notify you via email
to make you aware that the change was not made. Please keep in mind that we
process orders very quickly so unless you placed your order within the last few
hours or your products are on backorder a change to your order is very
unlikely.
Canceling an Order
If you have placed an order that you want to cancel, please notify us as soon
as possible. If the order has not shipped we will cancel it. Otherwise we are
unable to stop a package in transit.
Price Related Policies
Sometimes Winding Brook Estate will either raise or lower the price of an
item. This may occur for many reasons including across the board price changes,
sales, and special promotions. If you have placed an item in your shopping cart
and the price changes before you place your order you will be charged the price
stated at the time you placed your order.
Acceptance of orders
Winding Brook Estate uses an automated order processing system. You will
receive an automatic email confirming receipt of your order. This email
confirmation does not constitute acceptance of an order nor is it an implied
contract to provide goods or services.
Taxable Purchases
If you live in the State of Missouri, the appropriate sales tax will be added
to your order.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other
equipment and services necessary to access the Site. In addition, you are
responsible for any access charges incurred through on-line services, telephone
companies, or Internet service providers used in obtaining access to the Site.
Legal Compliance
You shall use the Site for lawful purposes only. You shall not transmit through
the Site any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law. We reserve
the right, in our sole discretion, to refuse to produce goods and/or to
terminate your access to the Site for any breach of this provision or any other
provision of this Agreement.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT
WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE
RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE
SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR
USE OF THE SITE, AND THAT Winding Brook Estate SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for
services and products provided on the transaction in dispute. We shall not be
liable for indirect, incidental, consequential, reliance or special damages for
harm to business, lost profits, lost savings or lost revenues, whether or not
we have been advised of the possibility of such damages. We shall not be liable
for any damage that you may suffer arising out of use, or inability to use, the
services or products provided hereunder unless such damage is a caused
intentional act of Winding Brook Estate. We shall not be liable for
unauthorized access by third parties to your transmission facilities, premises
or equipment or for unauthorized access to or alteration, theft, loss or
destruction of users network, systems, applications, data files, programs,
procedures, or information through accident, fraudulent means or devices, or
any other method. These limitations of liability shall apply regardless of the
form of action, whether in contract, warranty, strict liability or tort, and
shall survive failure of an exclusive remedy. The provisions of this paragraph
will survive any sale completed with you and any change or elimination of this
Agreement and/or the Site.
Indemnification
You agree to indemnify, defend and hold harmless Winding Brook Estate against
all damages, claims, liability, costs, and expenses, including but not limited
to reasonable attorneys fees, arising out of violation of any of the provisions
of this Agreement by you or anyone accessing the Site under your account.
Governing Law
The Site is created and controlled by Winding Brook Estate in the State of Missouri.
The laws of the State of Missouri will govern all terms, conditions and
disclaimers on the Site, including this Agreement, without giving effect to any
principles of conflicts of laws.