Tailwind Terms of Service

Last modified: March 4, 2022

Acceptance of the Terms of Service

These terms of service ( "Agreement") are entered into by and between you and BRIDESVIEW, INC. DBA TAILWIND, a Delaware Corporation, ( "Tailwind", "We", "Us", "Our"). The following terms and conditions govern your access to and use of (1) www.tailwindapp.com including any content, functionality, and services offered on or through www.tailwindapp.com the ( "the Website"), (2) your access, use, or purchase of the TAILWIND APP including any content, functionality, and services offered on or through the TAILWIND APP ( "the App"), and (3) your access, use, or purchase of the Tailwind services. The Website, the App, and the Service Platforms are collectively referred to as the "Services". Unless otherwise indicated (see Acceptable and Prohibited Uses), this Agreement applies to Self-Service Services.

Please read this Agreement carefully before you start to access, purchase, or use the Self-Service Services. By accessing or using the Services, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are over the age of 18, have never been removed from the service, and whose registration and use is in compliance with any and all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) (“Laws”). By accessing and using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND TAILWIND CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

Changes to the Agreement

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. We will notify you by contacting you through the email address you provide when accessing or registering for the Services of any material changes to this Agreement.

Your continued use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page to remain aware of any changes, as they are binding on you.

If you do not want to agree to, or do not meet all of the eligibility requirements of, future revisions of this Agreement or the Privacy Policy, you may cease accessing or using the Services, and may contact us at [email protected] to have your account(s) terminated.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of this Agreement and comply with it.
Ensuring that anyone that uses our Services through your account, such as your employees, consultants or contractors ("Authorized Users") are aware of this Agreement and comply with it.

To access the Services or some of the accompanying resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree to ensure that you exit from your account at the end of each session when accessing your account from a public or shared computer.

We have the right to disable any user name, password, account, content, User Contributions, data or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, you have violated any provision of this Agreement.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tailwind, its licensors, Partners, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Intellectual Property Laws”). Content provided through Partners and made available through the Services is subject to the terms and policies of such Partners and are subject to change at the discretion of the Partners. Tailwind does not own your User Contributions, which you create and/or upload through the Services. Such User Contributions are discussed further below.

This Agreement permits you to use the Services. Except with express written permission from an Officer of Tailwind, you must not reproduce, distribute, modify, interfere with the functionality of, reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing, viewing, and using those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You may download a single copy of our desktop and mobile App to your computer or mobile device solely for your own use.
You may take such actions as are enabled by Pinterest, Instagram, and Facebook, or other Partners in using our Services.
You may publicly display materials such as screen captures for the purpose of positively promoting Tailwind Services.

You must not:

Modify copies of any materials from this site—excluding User Contributions.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text—excluding User Contributions.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Tailwind. Any use of the Services not expressly permitted by this Agreement Use is a breach of this Agreement and may violate copyright, trademark, and other laws.

Trademarks

The Tailwind name, the terms TAILWIND, TAILWIND TRIBES, TAILWIND COMMUNITIES, the Tailwind logo and all related names, logos, product and service names, designs, and slogans are trademarks of Tailwind or its affiliates or licensors. You must not use such marks without the prior written permission of Tailwind. All other names, logos, product and service names, designs, and slogans appearing on or accessible through these Services are the trademarks of their respective owners.

Acceptable and Prohibited Uses

We have a few rules on how our services can and cannot be used. These rules apply to all of Tailwind’s services (the "Services") and to all our users regardless of their plan level.

You may use the Services only for lawful purposes and in accordance with this Agreement.

You agree to:

Use your best efforts to prevent unauthorized access to or use of the Services, including by maintaining a strong password;
Keep your passwords and other login credentials for the Services confidential;
Monitor and control all activity conducted through your Tailwind account;
Notify us promptly if you become aware of or suspect any security breach regarding your account, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users’) username, password, or account; and
Comply with the applicable terms of any Tailwind partners ("Our Partners") which you connect through the Services (the "Partner TOS"). These include, but are not limited to:
- The Pinterest Terms of Service published at https://policy.pinterest.com/en/terms-of-service;
- The Facebook Terms of Service published at http://www.facebook.com/legal/terms;
- The Instagram Terms of Service published at https://help.instagram.com/478745558852511;
- The Apple Licensed Application End User License Agreement published at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/; and
- The Google Analytics Terms of Service published at https://www.google.com/analytics/terms/us.html.

You agree not to use the Services:

In any way that violates any Laws.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement.
Create, upload or share User Contributions that you do not own or otherwise have the right to share or use;
To store, transmit, or create any User Contributions that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, or publicity rights, or other applicable Laws;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate Tailwind, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Tailwind or users of the Services or expose them to liability.
To promote obscene content of any kind.
In any way that violates any terms or put user in violation of any of Tailwind partners (including Pinterest, Instagram, and others).

Additionally, you agree not to:

Make the Services available to anyone other than your Authorized Users;
Allow more than one individual Authorized User to use a single log-in to the Services, or use the Services in excess of the quantities or limits set out in your Services plan;
Sell, trade, or otherwise transfer any Services to another party;
Attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services or the Partners (including any mechanism used to restrict or control the functionality of the Services or the Partners) or any data from third parties (in other words, someone other than you, your Authorized Users or Tailwind) contained in the Partners (except to the extent such restrictions are prohibited by any Laws);
Attempt to gain unauthorized access to the Services, the Partners, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services or the Partners;
Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services or the Partners;
Engage in any abusive practices that degrade the performance of the Services (or any part of the Services) for you or any of our other customers (for example, by tracking singular high-frequency terms such as "love", "yes", or "the" or other similar activities);
Use the Services for redistribution, syndication, or fraudulent activities
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Website is stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Allow or encourage any third party to do any of the above.

Additional Rules Applicable If You Use the Services for Tailwind Communities ("Communities") formerly known as Tailwind Tribes

You must not:

Scrape, compile, mine, gather, copy or otherwise make use of any data from Communities outside of the Tailwind Services (except to the extent such restrictions are prohibited by applicable laws);
Make available or make use of, outside of ordinary use of the Tailwind Services, any personally identifiable information about the users of Communities, the Communities that exist on the platform, or the User Contributions uploaded to or shared from within Communities (except to the extent such restrictions are prohibited by applicable laws);
Use Communities or any feature thereof in a manner which could be harmful, disrespectful, offensive to other members of the Communities community, or which may be otherwise viewed as constituting bullying of members of the Communities community;
Violate the rules of a Community(ies) set forth by Community Owner(s);
Attempt to reverse-engineer or replicate the Communities community or any part thereof outside of Tailwind Services, including but not limited to inviting members of the Communities community to use any software tool or service not offered by Tailwind.

Additional Rules Applicable If You Use the Services for Contests or Otherwise Ask Individuals to Submit User Contributions through the Services ("Submitted User Contributions")

You must not:

Request that any participant submit personal medical information, social security information, payment card details, financial or other sensitive information;
Request Submitted User Contributions that would violate any applicable Laws; or
Refer to Tailwind or use our name, trademarks, or trade names in connection with your request for Submitted User Contributions.

User Contributions

The Services may contain tools, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, Communities, Submit Content, and other interactive features (collectively, "Interactive Services") that allow users to create, post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services and Partners.

All User Contributions must comply with the Content Standards set out in this Agreement.

Any User Contribution you post on or through the Services will be considered non-confidential and non-proprietary.

Tailwind’s and Third-Parties’ Permissions to Your User Contributions

You own the User Contributions you create. By providing any User Contribution on or through the Services, you grant us and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns and third-parties of these Services a perpetual, royalty-free, worldwide license to host, use, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and otherwise disclose to third parties any such material. This license is necessary for us to provide our Services to you. By way of example only, we may use your User Contributions:

To submit them to social networks (such as Pinterest, Facebook, Instagram, Twitter, Snapchat or others),
To publicly display them on the websites of other Partners, and for analytic purposes,
To present them to other Tailwind users or the public as recommended content for publication, or as data points to help them learn, conduct research or the become familiar with your work and brand.

We also may use your User Contributions in a number of ways, including allowing other Tailwind users to post, share, pin or otherwise distribute User Contributions as part of the Tailwind system. You also irrevocably grant to the visitors to and users of this Website, the App, and any other media platforms or Services, as well as our Partners, the right to access, host, user, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and share your User Contributions in connection with their visits to or use of this Website, the App, the Services, and such platforms. Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Contributions.

You can end this license any time by deleting your User Contributions or account. You should know that, for technical reasons, User Contributions you delete, as well as copies, modifications or derivative works thereof, may persist for a limited period of time in backup copies. In addition, User Contributions that you delete, as well as copies, modifications or derivative works thereof, may continue to appear if you have shared them on our through our Services, including, but not limited to, Communities, or on our through the services of our Partners.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and Tailwind users, and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with this Agreement, including but not limited to the Content Standards.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Tailwind, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. We may provide you with suggested User Contributions which we aggregate for your sharing. We are not responsible for the suggested User Contributions and make no representations and warranty as to their ownership and accuracy.

Monitoring and Enforcement; Termination

We have the right to:

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. For more information, please see our Copyright Policy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Self-Service for any violation of this Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You waive and hold harmless Tailwind and its affiliates, licensees, and service providers from any claims resulting from any action taken by Tailwind during, or taken as a consequence of, investigations by either Tailwind or law enforcement authorities.

However, we cannot review all material before it is posted on or through the Services. Accordingly, we assume no liability for any action regarding transmissions, communications, or content provided by any user or third party. For information, please see our Copyright Policy.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is Tailwind’s policy to take reasonable actions to remove infringing content in a reasonable timeframe after such infringement is confirmed, as well as to terminate the user accounts of repeat infringers. We cannot and do not guarantee that all copies, versions, modifications or derivative works of a confirmed piece of infringing content can be removed from the Services simultaneously. If additional copies, versions, modifications or derivative works of a confirmed piece of infringing content are identified, the user should report each such piece of content individually for separate review under our Copyright Policy.

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services, including Communities. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, including but not limited to portraying any identifiable persons in a bad light or in a way that is otherwise offensive or objectionable.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information and Content Posted or Provided

The information and content presented on or through the Services is made available solely for information purposes. This information or content may be generated by artificial intelligence and/or machine learning and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on and your use of such information or content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

Further, the Services may also include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Tailwind, are solely the opinions and the responsibility of the person or entity providing those materials. This includes User Contributions suggested by Tailwind. These materials do not necessarily reflect the opinion of Tailwind. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Payment Terms, Trials and Renewal

Free Trials. You must pay all fees for the Services you purchase, except for Services that we expressly offer free of charge. You may access a free trial of some of our services by visiting https://www.tailwindapp.com. This Agreement and our Privacy Policy applies to any Free Trial. Free Trials do not automatically switch to paid services.
Paid Services. For paid Services, you must provide us with a valid credit card. We will automatically charge you based on your chosen plan and additional services such as SmartLoop, PowerUps, and email (such as monthly or yearly, your platform choice, depending on your selection). We will share your account information with financial institutions and payment processing companies, namely, Chargify, Authorize.net, and Heartland, including your submitted payment information, to process your purchase. Subscriptions to our plans are for fixed terms, and the associated fees payable are non-refundable. Prices for paid Services are subject to change at any time. Depending on where you live, foreign exchange fees or differences in prices may apply, including because of exchange rates. We do not support all payment methods, currencies or locations for payment. If the payment method you use is no longer valid (such as a credit card that has expired) and you do not edit your payment information or cancel or downgrade your account to a plan that is free of charge, you authorize us to keep billing you for our Services and you remain responsible for uncollected amounts. If you owe us any unpaid fees, we may suspend your access to our Services without prior notice until you pay us in full. Your obligation to pay fees continues through to the end of the period in which your plan is cancelled or downgraded. Whenever you increase your service level so that you are at a more expensive level, we may, at our sole discretion, require you to pay the difference in the subscription payment before the Services are delivered. Whenever you decrease your service level so that you are at a lesser expensive level, you will continue the service at the current level until the billing cycle has been completed at which time the new service level will begin. No refunds will be provided for decreasing your service level.
Auto-Renewal of Services. Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased our Services), and we will automatically bill you on renewal unless you cancel or downgrade our Services. You may find your renewal date, amount to be charged within the Billing Section of your account.
Refunds. We do not provide refunds for all or part of pre-paid subscription terms. This includes, but is not limited to the following circumstances:
- We do not provide refunds for partially used portions of subscription terms.
- We do not provide refunds for your failure to cancel or downgrade your subscription plan before it automatically renews.
- We do not provide a guaranteed service level agreement, "up time" or other measure of accessibility of the service, and will not be liable to provide refunds for any outages in Service, for any reason.
- We do not provide refunds related to changes in the available capabilities of features of the Services; we reserve the right to discontinue or add features at our sole discretion, at any point in time, with or without notice.
Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.

Cancellation and Termination of Services

You may cancel or downgrade your Services plan, provided it is in-good standing, at any time by accessing your Account Settings page. (See https://help.tailwindapp.com/ for instructions.) If you cancel (or downgrade) paid Services, you would not get refunded for any remaining time in your billing period that has been paid for, and we will continue to provide services until the end of the paid period. In that situation, you are not entitled to a refund.

We may refuse to provide service (including the Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated any other part of this Agreement, you will not receive a refund for all or any unused portion of your plan term.

It is at the sole discretion of Tailwind to grant a pause in service. If for any reason your account is paused, Tailwind retain the right to turn your service back on at any point without prior notice, and you will not be able to pause an account for any period greater than 12 months.

Any credits granted for referrals or due to other promotions will be cancelled if a user's account is cancelled and remains cancelled for three months.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Your Consent and Information about You and Your Use of the Services

All information we collect is subject to our Privacy Policy. By using the Self-Service Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website/Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, unless you have our expressed written consent to do so.

This Website, the App, and the Services may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Services.
Send emails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not, without our expressed written consent:

Establish a link from any website that is not owned by you.
Link to any part of the Website other than the homepage.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links to our Partners and any links in User Contributions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TAILWIND NOR ANY PERSON ASSOCIATED WITH TAILWIND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR CONTENT PROVIDED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH TAILWIND REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR CONTENT OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TAILWIND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TAILWIND, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, INVESTORS, LENDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON SERVICES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Tailwind, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, shareholders, investors, lenders, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your User Contributions, your violation of any Partner terms or policies, your violation of the Content Standards, any use of the Services’ content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Services.

Governing Law

All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction). This choice of law provision is only intended to specify the use of Oklahoma law to interpret this Agreement.

Dispute Resolution - Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TAILWIND CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND TAILWIND TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at [email protected] and you and Tailwind will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.

Binding Arbitration.

You and Tailwind agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Tailwind both agree to waive the right to a trial by jury.

Notwithstanding the foregoing, you may bring a claim against Tailwind in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver.

You and Tailwind agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Tailwind both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Tailwind agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).

Arbitration Process

A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure.

Unless you and Tailwind agree otherwise, the seat of the arbitration shall be in New York, New York. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Tailwind submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law.

The arbitrator shall apply Oklahoma law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Except for the “Class Action Waiver”, if any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

This Agreement, our Privacy Policy, Copyright Policy, and our Browser Extension Policy constitute the sole and entire agreement between you and Tailwind regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.