Terms & Conditions
When you visit 40winkz.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of A. Diamond Production, Inc. and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of A. Diamond Production, Inc. and protected by U.S. and international copyright laws.
40winkz is a registered trademark of A. Diamond Production, Inc. in the United States. 40winkz.com and The 40winkz trademarks and trade dress may not be used in connection with any product or service that is not 40winkz.com or 40winkz, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 40winkz.com or 40winkz. All other trademarks not owned by A. Diamond Production, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by A. Diamond Production, Inc.
LICENSE AND SITE ACCESS
40winkz.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of A. Diamond Production, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of A. Diamond Production, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 40winkz.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing 40winkz.com or 40winkz name or trademarks without the express written consent of A. Diamond Production. Any unauthorized use terminates the permission or license granted by 40winkz.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 40winkz.com so long as the link does not portray A. Diamond Production, Inc., 40winkz.com, 40winkz, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 40winkz.com logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
All items purchased from 40winkz.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
40winkz.com attempts to be as accurate as possible. However, 40winkz.com does not warrant that product descriptions, color swatches or other content of this site are accurate, complete, reliable, current, or error-free. Please visit our Contact page to have a free fabric swatch mailed to you if you are concerned about an exact color match. If you purchase a product offered by 40winkz.com and it is not as described when you receive it, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY 40WINKZ.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. 40WINKZ.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 40WINKZ.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 40WINKZ.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM 40WINKZ.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 40WINKZ.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVER ABILITY