Terms of service

Effective Date: September 21, 2026
Last Updated: September 21, 2026

These Website Terms and Conditions ("Terms") govern your access to and use of WIND ATHLTX ("Company," "we," "us," or "our"), website located at www.windathltx.com, together with all related webpages, mobile experiences, online stores, applications, content, features, services, products, and functionality made available through the website (collectively, the "Site").

By accessing or using the Site, creating an account, submitting User Content, signing up for marketing communications, or purchasing any product through the Site, you agree to these Terms and our Privacy Policy and Legal Notice, each incorporated into these Terms by reference.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.

1. Eligibility; Minimum Age

The Site is intended solely for individuals 14 years of age or older.

By accessing or using the Site, you represent and warrant that:

  1. you are at least 14 years old; 

  2. you have the legal capacity to enter into these Terms under applicable law; and 

  3. all information you provide to Company is accurate and complete. 

Individuals under 14 years of age are prohibited from accessing or using the Site. If you are between 14 and 17 years old, you represent that you have obtained any parental or legal-guardian authorization required by applicable law to use the Site or enter into transactions through the Site. Where applicable law, including the GDPR or applicable EU Member State law, requires parental or guardian authorization for processing a minor's personal information, such authorization must be obtained before Company processes information on the applicable legal basis. Company reserves the right to refuse registration, cancel accounts, or cancel transactions where Company reasonably believes that a user does not satisfy the applicable age or authorization requirements.

2. Changes to These Terms

Company may modify these Terms from time to time. Updated Terms will be posted on the Site with a revised "Last Updated" date. Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires affirmative consent. Material changes may be communicated through the Site, email, account notification, or other reasonable means.

3. Privacy

Your use of the Site is also governed by Company's Privacy Policy, which explains how Company collects, uses, discloses, retains, protects, and otherwise processes personal information. The Privacy Policy is incorporated into these Terms by reference.

4. Products and Product Information

Company attempts to accurately describe and display its products, including colors, sizing, materials, dimensions, images, prices, and availability.

However:

  • colors may vary depending upon your device or display; 

  • product descriptions may contain inadvertent errors; 

  • inventory and availability may change without notice; 

  • prices may contain typographical, technical, promotional, or other errors; and 

  • Company does not warrant that product descriptions or other Site content are complete, current, or error-free. 

Company reserves the right to correct errors, inaccuracies, or omissions at any time.

5. Pricing and Order Acceptance

All prices are stated in the currency displayed on the Site unless otherwise indicated.

Your submission of an order does not constitute Company's acceptance of the order.

An order is accepted only when Company sends an order-confirmation or acceptance notice expressly indicating that the order has been accepted. Company reserves the right, in its sole discretion and to the extent permitted by law, to:

  1. refuse or cancel any order; 

  2. limit quantities; 

  3. cancel duplicate or excessive orders; 

  4. correct pricing errors; 

  5. cancel orders affected by inventory, system, technical, promotional, or fulfillment errors; 

  6. cancel orders involving suspected fraud or unauthorized payment activity; 

  7. cancel orders where Company reasonably believes the purchaser is a reseller, distributor, automated purchasing service, or other commercial intermediary; 

  8. restrict purchases to reasonable household quantities; and 

  9. cancel orders that violate promotional terms or these Terms. 

If Company cancels an order after payment has been processed, Company will issue an appropriate refund to the original payment method. Nothing in this provision limits rights that cannot lawfully be waived.

6. Reseller and Commercial Purchasing Restrictions

Unless Company has expressly authorized a customer as an approved wholesale or commercial account, products purchased through the Site are intended for personal, non-commercial use. Company may restrict or cancel orders if it reasonably suspects:

  • resale; 

  • unauthorized distribution; 

  • purchasing for commercial resale; 

  • use of automated purchasing software; 

  • circumvention of quantity limitations; 

  • repeated purchases through multiple accounts or payment methods; 

  • fraudulent activity; or 

  • abuse of promotions. 

Company may limit the number of units sold per customer, household, account, billing address, shipping address, payment method, or other identifying characteristic.

7. Payments

Payments are processed by third-party payment providers. You represent that you are authorized to use the payment method submitted for an order. Company does not directly store complete payment-card information except as expressly described in the Privacy Policy or as necessary through its payment-processing providers.

8. Shipping and Delivery

Shipping estimates are estimates only and are not guaranteed unless expressly stated otherwise. Company is not responsible for delays caused by:

  • carriers; 

  • weather; 

  • natural disasters; 

  • governmental action; 

  • labor disruptions; 

  • customs; 

  • incorrect addresses; 

  • events outside Company's reasonable control; or 

  • other force-majeure circumstances. 

Risk of loss will transfer as provided by applicable law.

9. Returns, Exchanges, and Refunds

Returns, exchanges, refunds, and cancellations are governed by Company's then-current Return and Refund Policy posted on the Site. Nothing in these Terms limits any non-waivable statutory consumer rights.

10. Intellectual Property

The Site and its contents, including:

  • trademarks; 

  • logos; 

  • trade names; 

  • product designs; 

  • photographs; 

  • graphics; 

  • artwork; 

  • text; 

  • videos; 

  • audio; 

  • software; 

  • website design; 

  • page layouts; 

  • product descriptions; and 

  • other materials 

are owned by or licensed to Company and are protected by applicable intellectual-property laws.

Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, publicly display, publicly perform, create derivative works from, sell, license, reverse engineer, or exploit Site content without Company's prior written permission.

11. Limited License

Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site solely for lawful personal purposes. This license automatically terminates if you violate these Terms.

12. User-Generated Content

The Site may permit you to submit, upload, publish, post, tag, transmit, or otherwise provide photographs, videos, reviews, comments, testimonials, social-media content, text, artwork, usernames, images, or other materials ("User Content"). You retain ownership of User Content that you lawfully own. However, by submitting User Content to Company, you grant Company and its affiliates, successors, licensees, service providers, advertising partners, and designees a:

worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable, sublicensable license

to host, store, reproduce, modify, adapt, edit, publish, translate, distribute, publicly display, publicly perform, create derivative works from, commercialize, advertise, promote, and otherwise use the User Content, in whole or in part, in any media or format now known or later developed, for Company's business, marketing, advertising, promotional, merchandising, and operational purposes. The foregoing license survives termination of your account and these Terms. Company is not obligated to use, return, preserve, or compensate you for User Content.

12.1 User Content Representations

By submitting User Content, you represent and warrant that:

  1. you own or control all rights necessary to grant the foregoing license; 

  2. the User Content does not infringe or misappropriate any third-party rights; 

  3. you have obtained all necessary permissions and releases; 

  4. the User Content does not violate applicable law; 

  5. the User Content does not contain unlawful, defamatory, fraudulent, threatening, obscene, or harassing material; 

  6. the User Content does not contain malicious code; and 

  7. the User Content does not violate another person's privacy, publicity, intellectual-property, or other rights. 

13. Reviews and Testimonials

Company may display customer reviews and testimonials. Company does not guarantee that every review represents the views of Company. Company may moderate, remove, or decline to publish User Content that violates these Terms or applicable law. Company will not condition publication of a review on the reviewer expressing a particular positive opinion. Users must provide truthful opinions based on their actual experiences.

14. Influencers, Affiliates, and Sponsored Content

Any influencer, creator, affiliate, reviewer, ambassador, or other person receiving compensation, free products, discounts, commissions, gifts, employment benefits, or other material consideration from Company must clearly and conspicuously disclose that relationship when posting or publishing an endorsement relating to Company or its products.

Acceptable disclosures may include "Ad," "Advertisement," "Sponsored," "Paid Partnership," or similarly clear language appropriate to the platform and context.

Disclosures must appear with the endorsement and must not be hidden in a profile, buried among hashtags, or placed where consumers are unlikely to notice them. Company prohibits deceptive, fabricated, materially misleading, or undisclosed sponsored reviews or endorsements. This policy is intended to complement applicable FTC advertising and endorsement requirements. 

15. Prohibited Conduct

You may not:

  • violate applicable law; 

  • impersonate another person; 

  • provide false information; 

  • interfere with Site operation; 

  • introduce malware or malicious code; 

  • scrape or harvest Site data without permission; 

  • use bots or automated systems to purchase products; 

  • circumvent security features; 

  • attempt unauthorized access; 

  • engage in fraud; 

  • infringe intellectual-property rights; 

  • submit unlawful User Content; 

  • manipulate reviews; 

  • engage in harassment or abuse; 

  • use the Site to resell products contrary to Company policy; or 

  • otherwise interfere with the Site or Company's business. 

16. Third-Party Services

The Site may contain links to or integrations with third-party websites, payment processors, shipping providers, social-media platforms, analytics providers, advertising platforms, or other services. Company is not responsible for third-party websites or services. Your use of third-party services is governed by their applicable terms and policies.

17. Accessibility

Company is committed to providing an accessible digital experience. Company endeavors to design and maintain the Site consistent with WCAG 2.1 Level AA accessibility guidelines, to the extent reasonably practicable and appropriate for the Site's content and functionality. WCAG is an internationally recognized W3C standard for accessible web content. If you experience an accessibility barrier, please contact: info@windathltx.com.

Company will consider reasonable accessibility requests and will work in good faith to identify appropriate solutions.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SITE, PRODUCTS, USER CONTENT, OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S AGGREGATE LIABILITY ARISING FROM A PARTICULAR TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Nothing herein excludes liability that cannot lawfully be excluded or limited.

20. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from:

  • your violation of these Terms; 

  • your User Content; 

  • your violation of law; or 

  • your violation of third-party rights. 

21. Mandatory Arbitration; JAMS

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that qualify for small-claims court, claims seeking injunctive or equitable relief concerning intellectual-property rights, or claims that cannot legally be subject to arbitration, any dispute, controversy, or claim arising out of or relating to the Site, products, transactions, User Content, Privacy Policy, these Terms, or the relationship between you and Company shall be resolved exclusively by individual binding arbitration administered by JAMS.

The arbitration shall be conducted before a single neutral arbitrator under the applicable JAMS rules. The arbitration shall take place in Broward County, Florida, or remotely by video conference, unless the parties agree otherwise or applicable law requires another location. The arbitrator shall have authority to award all remedies available to an individual claimant under applicable law, but shall not have authority to award relief to persons who are not parties to the arbitration. The arbitrator shall apply applicable substantive law.

21.1 Class Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION.

Unless prohibited by applicable law, the arbitrator may not consolidate claims of multiple persons or conduct any representative, class, collective, or mass proceeding. If applicable law prohibits enforcement of the class-action waiver as to a particular claim, that claim shall proceed only to the extent required by law, and the remainder of this arbitration provision shall remain enforceable to the fullest extent permitted.

21.2 Arbitration Fees

Company will pay or advance arbitration fees to the extent required by applicable law or the applicable JAMS rules. Nothing in this provision requires a consumer to pay arbitration fees that the law prohibits Company from requiring the consumer to pay.

21.3 Informal Resolution

Before initiating arbitration, the claimant must provide written notice describing the dispute and requested relief to: Jones Legal Advisors PLLC at info@joneslegaladvisors.com. The parties will have at least thirty (30) days to attempt informal resolution unless applicable law requires otherwise.

22. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except to the extent the mandatory law of the jurisdiction in which a consumer resides applies.

23. Severability

If any provision is determined to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, if legally permissible, and the remaining provisions will remain in effect.

24. Entire Agreement

These Terms, together with the Privacy Policy, Legal Notice, Return Policy, and other policies expressly incorporated herein, constitute the entire agreement concerning your use of the Site.

25. Contact

WIND ATHLTX
1495 NORTH PARK DRIVE

WESTON, FLORIDA 33326
info@windathltx.com