Terms and Conditions

Important: Warranty Covers Replacement Parts Only

Our product warranty covers replacement parts only. It does not cover or reimburse labor, installation or service charges, or equipment rental costs, including lifts or cranes, incurred to inspect, remove, or replace a covered part. See our Warranty page for covered components and other warranty terms.

Orders and Right to Refuse Service

Joe Mescan Windmill LLC may decline or cancel an order or request for service for a legitimate, lawful business reason, including suspected fraud, threatening or abusive conduct, an incorrect price or product listing, product unavailability, or an inability to fulfill the order.

We apply this policy consistently and do not refuse service for a reason prohibited by law.

If we cancel an order after payment has been collected and have not shipped the product, we will issue a refund in accordance with applicable law.

Interpretation and Definitions

Interpretation

Words whose initial letters are capitalized have the meanings defined below. These definitions have the same meaning whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Country refers to Ohio, United States.
• Company (referred to as “the Company,” “We,” “Us,” or “Our”) refers to Joe Mescan Windmill LLC, 27162 Capel Road, Columbia Station, Ohio 44028.
• Device means any device that can access the Service, such as a computer, cellphone, or digital tablet.
• Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
• Service refers to the Website.
• Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions, which form the entire agreement between You and the Company regarding use of the Service.
• Third-party Social Media Service means services or content, including data, information, products, or services, provided by a third party that may be displayed, included, or made available by the Service.
• Website refers to Joe Mescan Windmill LLC’s website at pondaeration.com.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which that individual accesses or uses the Service, as applicable.

Acknowledgment

These Terms and Conditions govern use of the Service and the agreement between You and the Company. They set out the rights and obligations of all users of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. They apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of them, You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Please read it carefully before using the Service.

Intellectual Property

The Service and its original content, excluding content provided by You or other users, features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the Company’s prior written consent.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide to the Company. If such assignment is ineffective for any reason, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that the Company does not own or control.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for damage or loss caused or alleged to be caused by use of or reliance on content, goods, or services available on or through those websites or services.

We strongly advise You to read the terms and privacy policies of any third-party websites or services You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason, including if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or USD $100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages, including damages for loss of profits, data, or other information; business interruption; personal injury; or loss of privacy arising out of or related to use of or inability to use the Service, third-party software or hardware used with the Service, or any provision of these Terms, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In those states, some of the above limitations may not apply, and each party’s liability will be limited to the greatest extent permitted by law.

“As Is” and “As Available” Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE,” with all faults and defects, without warranty of any kind.

To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, disclaims all warranties, express, implied, statutory, or otherwise, with respect to the Service. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties arising from course of dealing, course of performance, usage, or trade practice.

The Company makes no representation that the Service will meet Your requirements, achieve intended results, work with other software or services, operate without interruption, meet performance or reliability standards, or be free of errors, or that errors will be corrected.

Neither the Company nor its providers makes any representation or warranty as to the operation or availability of the Service; the accuracy, reliability, or currency of its information or content; or whether the Service, its servers, content, or emails are free of viruses or other harmful components.

Some jurisdictions do not allow certain warranty exclusions or limitations on consumer rights. Where applicable, these exclusions and limitations apply only to the greatest extent enforceable under law.

Governing Law and Disputes

Governing Law

The laws of the Country, excluding its conflicts of law rules, govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have a concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company.

Additional Legal Provisions

European Union Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You reside.

United States Legal Compliance

You represent and warrant that You are not located in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country, and that You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent permitted by law. The remaining provisions will continue in full force and effect.

Waiver

Failure to exercise a right or require performance of an obligation does not affect a party’s ability to do so later, and waiver of one breach does not waive any subsequent breach.

Translation

If these Terms have been translated, the original English text will prevail in the event of a dispute.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use the Service after revisions become effective, You agree to be bound by the revised Terms. If You do not agree, please stop using the Website and the Service.

Product Specifications and Changes

Joe Mescan Windmill LLC continually works to improve its products. Product specifications, components, materials, finishes, colors, and designs are subject to change without notice. Products may vary slightly from photographs, videos, illustrations, or previously published descriptions. Please refer to the current product listing for the most up-to-date specifications.

Contact Us

If You have questions about these Terms and Conditions, contact Joe Mescan Windmill LLC:

Email: keith@pondaeration.com
Phone: 440-236-3278
Mail: 27162 Capel Road, Columbia Station, Ohio 44028