Terms and Conditions

Terms and Conditions for Underwinds

These Terms and Conditions ("Terms") govern your use of the website located at underwinds.com ("Site"), owned and operated by BETTERRANK SEO LLC, doing business as Underwinds. By accessing or using our Site and services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using our Site.

Please read these Terms carefully before using our services.

1. General Information

2. Use of Our Site and Services

By using our Site, you represent and warrant that you:

  • Are at least 18 years old, or the age of majority in your jurisdiction.
  • Have the legal authority to enter into this agreement and use the services provided by Underwinds.
  • Will use the Site and services only for lawful purposes and in accordance with these Terms.

You agree not to:

  • Use the Site in any way that could harm, disable, overburden, or impair the Site or interfere with any other user’s enjoyment.
  • Engage in any fraudulent or unlawful activity.
  • Attempt to gain unauthorized access to the Site, other users’ accounts, or any associated networks or systems.

3. Account Registration

To use certain features of the Site (such as making purchases), you may need to create an account. When registering an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

If you suspect that your account has been compromised or used without your authorization, you agree to immediately notify us at contact@underwinds.com.

4. Products and Pricing

  • Product Descriptions: We strive to provide accurate descriptions of products on our Site. However, we do not warrant that the product descriptions or any other content on the Site is accurate, complete, or error-free.
  • Pricing: Prices for products on our Site are subject to change without notice. All prices are in USD and exclude applicable taxes, shipping, and handling fees.
  • Availability: We do not guarantee the availability of all products listed on our Site. We reserve the right to modify or discontinue any product without notice.

5. Orders and Payment

  • Order Acceptance: Your order constitutes an offer to purchase the products selected. Once you submit an order, we will send you an email confirming receipt of the order. This email is not an acceptance of the order, but rather a confirmation that we have received it.
  • Payment: Payment for products must be made via the methods available on the Site at the time of purchase. We use third-party payment processors (such as PayPal, Stripe, etc.) to process payments securely. You agree to comply with the terms and conditions of the third-party payment processors.
  • Shipping and Delivery: All orders will be shipped to the address provided by you during checkout. Shipping and delivery times may vary. You are responsible for ensuring the correct shipping information is provided.

6. Returns and Refunds

Underwinds offers a [insert your return/refund policy link] policy for customers. Please review the full policy on the website for detailed instructions on returns, exchanges, and refunds. In general:

  • Returns must be made within [X] days from the delivery date.
  • Products must be returned in their original condition, unused and in the original packaging.
  • Shipping costs for returns may be the responsibility of the customer, unless the item is defective or damaged.

7. Intellectual Property

The content on this Site, including but not limited to text, graphics, logos, images, videos, software, and other materials, is the property of Underwinds or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, or use any of this content without the prior written consent of Underwinds.

8. Privacy and Data Collection

Your use of the Site is also governed by our Privacy Policy (insert link). By using our services, you consent to our collection and use of personal data as described in the Privacy Policy.

9. Disclaimers

  • No Warranties: The Site and its contents are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Product Information: While we make reasonable efforts to ensure the accuracy of product information, we do not guarantee that the content of the Site, including product descriptions, is error-free, complete, or current.

10. Limitation of Liability

Under no circumstances will Underwinds, its affiliates, directors, employees, or partners be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or your inability to use the Site, even if we have been advised of the possibility of such damages.

Our total liability to you for any cause of action arising out of or in connection with these Terms will be limited to the amount you paid to Underwinds in the transaction that gave rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Underwinds, its affiliates, directors, employees, agents, and partners from and against any claims, losses, liabilities, expenses, or damages (including legal fees) arising out of or related to your use of the Site, any violation of these Terms, or your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

  • Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of Kentucky, United States, without regard to its conflict of law principles.
  • Dispute Resolution: Any dispute or claim arising out of or relating to these Terms will be resolved through binding arbitration in Richmond, Kentucky, under the rules of the American Arbitration Association.

13. Changes to Terms

We reserve the right to update, modify, or revise these Terms at any time. When we make changes, we will post the updated Terms on this page and update the "Effective Date" at the top. Your continued use of the Site after such changes will constitute your acceptance of the updated Terms.

14. Termination

We reserve the right to terminate or suspend your access to our Site and services, at our sole discretion, without notice, for conduct that violates these Terms or is otherwise harmful to the interests of Underwinds or other users.

15. Miscellaneous

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Entire Agreement: These Terms, along with our Privacy Policy and any other legal notices published on our Site, constitute the entire agreement between you and Underwinds regarding your use of the Site.

16. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Underwinds
212 N. 2nd St., STE 100
Richmond, KY 40475
Email: contact@underwinds.com