Last Revised August 29, 2013

 

Shipping and Returns

 

 

Terms of Use

Thank you for visiting earthwindsea.com. The information below is provided to ensure that your experience on our website is one you'll want to repeat again and again. Earth Wind & Sea  provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may "bookmark" a particular portion of earthwindsea.com and thereby bypass this agreement, your use of this site still binds you to the terms. Earth, Wind & Sea  may revise this agreement at any time, so you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

Legal Information

This website is expressly owned and operated by Earth, Wind & Sea. The mailing address for Earth, Wind & Sea is 1303 Orange Ave., Coronado, CA, 92118. Unless otherwise noted, all design and content featured on earthwindsea.com including, but not limited to, navigational buttons and images, artwork, graphics, photography, text or copy, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Earth, Wind & Sea. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial purpose is prohibited without the prior written permission of Earth, Wind & Sea. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Earth, Wind & Sea or earthwindsea.com. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

Limitation of Liability

Given the unpredictability of technology and the online environment, Earth, Wind & Sea does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Earth, Wind & Sea shall not be liable for damages of any kind related to your use of or inability to access this website.

Inaccuracies

It is our goal to present the most recent, most accurate and most reliable information on our website at all times. However, there may be occasions when some of the information featured on earthwindsea.com may contain insufficient data, typographical errors or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability or in any way affects your individual order. Please be aware that we present our content 'as is' and make no claims as to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event that an Earth, Wind & Sea product is listed at an incorrect price due to photogaphical error, typographical error or error in pricing information from our suppliers, Earth, Wind & Sea shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Earth, Wind & Sea shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Earth, Wind & Sea shall issue a credit to your credit card account in the amount of the incorrect price.

Availability

At earthwindsea.com we strive to offer unique and distinctive merchandise that is the hallmark of the Earth, Wind & Sea brand. Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock may not and sometimes cannot be replenished. That means once an item is gone, it may be gone for good and not appear on the website again. When an item featured on earthwindsea.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 619-522-9633..

Colors

We have made every effort to display as accurately as possible, the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

Indemnification

You agree to indemnify, defend, and hold harmless Earth, Wind & Sea, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Correspondence

Although we make every effort to respond quickly to applicable email messages, Earth, Wind & Sea is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding earthwindsea.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions and other submissions that are disclosed or submitted to our company through earthwindsea.com shall become and remain the property of Earth, Wind & Sea. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Privacy Policy

Introduction

We may collect information that can identify you ("personal information"), such as your name and email address when you provide it to us when using our website or in some other manner. We may combine the personal information that we receive from different sources.

We also may collect other types of information in the following ways when you visit our website:

Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users' movements around our site and understand trends.

1. We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
2. We may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
3. We do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children's Online Privacy Protection Act.

How we may use information we collect

1. Fulfill your requests for products and services
2. Offer products and services that may be of interest to you
3. Facilitate use of our website
4. Manage your account and your preferences
5. Analyze use of and improve our website, products and services
6. Identify and protect against fraudulent transactions and other misuses of our website; and
7. Enforce our Terms of Use

With whom we may share information we collect

We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:

1. Service providers, such as credit-card payment processors, performing services on our behalf
2. Other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of our users.

We may share aggregated, non-personal information in any of the above situations and also with advertisers and others.

You may choose:

1. Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of our website
2. To stop receiving promotional emails or newsletters from us by opting out of newsletter in your profile settings
3. To delete or decline cookies cookies by changing your browser settings, although if you do so, some of the features or services of our website may not function properly
4. To review and update your personal information by contacting us at the email address below or, if you have an online account on our website, by logging into that account.

Security

We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.

Changes to our Privacy Policy

We may occasionally update our Privacy Policy to reflect changes in our practices and services. If we make material changes in the way we collect, use, or share your personal information, we will notify you by sending you an email to the email address you most recently provided to us and/or by prominently posting notice of the changes on our website.

How to contact us

If you have any questions about this summary, our Privacy Policy, or our information practices, please contact us by email or postal mail below:

Earth,Wind & Sea of Coronado

1303 Orange Ave

Coronado, CA 92118

info@earthwindsea.com

 

Cookies:

A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.

Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. When you sign in to your account on our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.

You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.

We may allow third-parties, including IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect from you. The collection and use of that information is subject to the third-party's privacy policy. This information allows them to deliver targeted advertisements and gauge their effectiveness.

Web Beacons:

Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.

Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.