Terms of Service

Last updated: May 15, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://windaircooler.com website (the "Service") operated by Wind Air Cooler ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

1. Acceptance of Terms

By accessing and using the Wind Air Cooler website (https://windaircooler.com), you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. Eligibility

To make a purchase from our Site, you must be at least 18 years of age or have reached the age of majority in your jurisdiction. By using our Service, you represent and warrant that you meet these age requirements.

3. Account Responsibilities

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Product Descriptions and Pricing Accuracy Disclaimer

We strive to be as accurate as possible in the description of our products, including the "3-In-1 Air Cooler." However, we do not warrant that product descriptions, images, pricing, or other content of this site is accurate, complete, reliable, current, or error-free. All descriptions, images, and pricing are subject to change at any time without notice, at our sole discretion. In the event of a pricing error, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price.

5. Order Acceptance and Cancellation Rights

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. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. We reserve the right to cancel any order at our discretion.

6. Payment Terms

All payments are due upon completion of the order. We accept various payment methods as indicated on our Site. You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable shipping fees and taxes.

7. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Wind Air Cooler and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wind Air Cooler.

8. User Conduct

You agree not to use the Service for any unlawful purpose or any purpose prohibited by these Terms. You agree not to use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.

9. Limitation of Liability and Disclaimer of Warranties

The Service and all products, including the "3-In-1 Air Cooler," delivered to you through the Service are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Wind Air Cooler, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Wind Air Cooler and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [Your State/Country, e.g., the State of California, United States], without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in [Your County/City, e.g., Los Angeles County, California].

12. Severability Clause

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Contact Information

Questions about the Terms of Service should be sent to us at support@windaircooler.com.