OUR TERMS

WIN NUTRITION – WEBSITE TERMS OF USE

Last updated June 19, 2025

ACCEPTANCE OF TERMS

By accessing or using the website located at www.winutrition.com, including any mobile version (collectively, “Site”), you agree to be bound by these Terms of Use (“Terms”) and all applicable laws and regulations. If you do not agree, do not use the Site.

ELIGIBILITY

The Site is intended for business users in the United States who are at least thirteen (13) years old. By using the Site, you represent that you meet these criteria.

CHANGES TO TERMS

WIN Nutrition (“WIN,” “we,” “our,” or “us”) may modify these Terms at any time. Revised Terms are effective when posted. Continued use after changes constitutes acceptance of the revised Terms.

PRIVACY

Our Website Privacy Policy explains how we collect, use, and protect personal information. By using the Site, you consent to our data practices described there.

INTELLECTUAL-PROPERTY RIGHTS

All content on the Site—including text, graphics, logos, product names, trade names, trademarks, service marks, images, software, and code—is owned or licensed by WIN and protected by U.S. and international intellectual-property laws. You may view, download, and print Site content solely for legitimate business purposes with WIN, provided you do not:

• remove proprietary notices.
• modify or create derivative works.
• distribute, publicly display, or otherwise exploit the content without our prior written consent.

PERMITTED USE AND PROHIBITIONS

You agree not to:

• use the Site for any unlawful, fraudulent, or misleading purpose.
• interfere with the operation or security of the Site or attempt to gain unauthorized access to systems or data.
• introduce viruses, malware, or other harmful code.
• scrape, crawl, or employ any automated means to access the Site for any purpose without our express written permission.
• use our name, trademarks, or other proprietary material in meta tags, hidden text, or other manner that implies affiliation without our written consent.

USER SUBMISSIONS

If you submit or upload any data, inquiries, or other content to the Site (“Submissions”):

• You grant WIN a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such Submissions for the purpose of operating and improving the Site and our business.
• You represent that you have the right to grant that license and that your Submissions do not infringe third-party rights or violate any law.

WIN is not obligated to monitor Submissions but reserves the right to remove any content at any time in its sole discretion.

NO MEDICAL OR LEGAL ADVICE

Content on the Site is provided for general informational purposes only and does not constitute professional, medical, legal, or regulatory advice. You should seek appropriate advice from qualified professionals before acting on any information obtained from the Site.

LINKS TO THIRD-PARTY SITES

The Site may contain links to external websites. WIN does not control and is not responsible for the content, privacy practices, or reliability of any third-party sites. Access to such sites is at your own risk.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WIN DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WIN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIN, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, EVEN IF WIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless WIN and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Site
• Your breach of these Terms
• Your violation of any law or third-party right

GOVERNING LAW AND VENUE

These Terms are governed by the laws of the Commonwealth of Pennsylvania without regard to conflict-of-law principles. Any legal action or proceeding arising out of or relating to the Site or these Terms must be brought exclusively in the state or federal courts located in Northampton County, Pennsylvania, and you consent to the personal jurisdiction of such courts.

MISCELLANEOUS

These Terms constitute the entire agreement between you and WIN regarding the Site and supersede all prior understandings. If any provision is found unenforceable, the remaining provisions will remain in full force. No waiver by WIN of any breach constitutes a waiver of any other breach. You may not assign these Terms without our prior written consent; we may assign them without notice.

CONTACT

WIN Nutrition, Attn: Legal Department, 794 Sunrise Boulevard, Mt. Bethel, PA 18343, Email info@winutrition.com