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This web site (“Site”) is offered to you conditioned upon your acceptance without modification of the terms and conditions contained herein (“Terms of Use”). Pure Stoke (“Company”) may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The material provided on this Site is protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by the Company from its offices within the United States. The Company makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you do not agree to these Terms of Use, do not use this Site.
Section 1. Use Restrictions.
The contents posted by the Company on this Site, such as text, graphics, images and other material (“Materials”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. The Company authorizes you to view and download a single copy of the Materials on the Site solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials.
You may not, without the Company’s permission, “mirror” any Materials contained in this Site or any other server. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.
The Company reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.
Section 2. Company’s Liability.
The Materials may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Site and the Materials. Your use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS ” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Limitation of Liability and Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Section 4. Privacy and Protection of Personal Information.
See our Privacy Policy, incorporated herein by reference, for disclosures relating to the collection and use of information that personally identifies you (“Personal Information”).
Section 5. User Submissions.
The Company does not claim ownership of any material, information or idea a user provides to the Company (including feedback and suggestions), or post, upload, input or submit (“Posting”) to this Site by any means (“Submissions”). Any Submission, however, will be treated as non-confidential and non-proprietary, and may disseminated or used by the Company or its affiliates for any purpose whatsoever. By Posting your Submission, you automatically grant the Company a royalty free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such Submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Notwithstanding the foregoing, all Personal Information provided to the Company will be handled in accordance with our Privacy Policy.
Section 6. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials on the Site or your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 7. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re export of the Materials.
Section 8. Links to Other Sites.
The Site may contain links to third party web sites (“Linked Sites ”). These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement by the Company of such Linked Site, or any association with its operations. The Company is not responsible for the content of any Linked Site and does not make any representations regarding the content or accuracy of materials on such Linked Sites. The Company is not responsible for any transmission received from any Linked Site, nor is the Company responsible if the Linked Site is not working appropriately. If you decide to access a Linked Site, you do so at your own risk.
Section 9. General.
This Site is based in Oregon, United States of America. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the lawsof your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Florida, without respect to its conflict of laws principles. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and the Company with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of the Company to be binding on the Company. Notwithstanding the foregoing, the Company, at its sole discretion and without notice, may revise these Terms of Use at any time by updating this porting.
Section 10. Return/Exchange Policy.
We are happy to accommodate returns and exchanges. The item(s) must be new, unused, in the original packaging, with tags attached. Items must be returned within 15 days for a refund and within 30 days for exchange or store credit. Sales are final after 30 days from purchase date. Please email info@2ndwind-sports.com with any questions.
To return, exchange or warranty your product, please visit our support page for further details!
A warranty claim is initiated by emailing a digital photo of the damaged gear, description of the damage, how the damage occurred, the product's serial number, and your original invoice to. All merchandise returned for warranty replacement or repairs must bear a Return Authorization Number (RA#) which the Customer Service Department will issue you, on the outside of the package and on the invoice. Warranty returns without RA#s will not be accepted. You are responsible for shipping charges for returned product.
Duties and taxes associated with shipping to your country may increase the cost of your order. You are responsible for paying all import tariffs, duties, taxes, brokerage fees and any other costs related to delivering product to you; these costs are in addition to the cost of your order. You are responsible for return freight charges should you refuse delivery of any product, or if any product is unable to be delivered to you.
