Last Updated: July 29, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE TAILWIND NUTRITION REWARDS PROGRAM, YOU AGREE UNCONDITIONALLY TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE TAILWIND NUTRITION REWARDS PROGRAM.

Notice Regarding Dispute Resolution: These Terms and Conditions contain provisions that govern how claims you and Tailwind have against each other are resolved (see the Section entitled “Release; Indemnification; Disclaimer; Limitations”). It also contains an agreement to arbitrate (see the Section entitled “Arbitration; Dispute Resolution”), which will, with limited exception, require you to submit claims you have against Tailwind to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with the Section. Unless you opt-out: (A) you will only be permitted to pursue claims against Tailwind on an individual basis, not as part of any class or representative action or proceeding, and (B) you will be permitted only to seek relief (including without limitation monetary, injunctive, and declaratory relief) on an individual basis.

The Tailwind Nutrition Rewards Program ("Tailwind Rewards") is operated by Tailwind Nutrition, Inc. ("Tailwind"). These Terms and Conditions ("Terms") apply to your access to and participation in Tailwind Rewards. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Tailwind for other products or services. Please review our Privacy Policy to understand how we collect and use your information. In the event of any conflict between these Terms and Tailwind's general Terms of Service, the general Terms of Service will control.

These Terms supersede all previous terms related to Tailwind Rewards. Except as limited by law, Tailwind may in its sole discretion, modify, restrict, or terminate Tailwind Rewards or these Terms at any time, which may including substituting a similar rewards program, changing how you earn and redeem points, your tier status, or available benefits. If Tailwind Rewards is terminated, all unredeemed points will be forfeited without obligation or liability. Tailwind will use commercially reasonable efforts to make attempts to notify you of such changes, though you acknowledge that Tailwind is not obligated to provide you with any such notice. You agree that notice of changes to these Terms posted on the tailwind.com website constitutes reasonable and sufficient notice. You are responsible for reviewing these Terms and any modifications thereof, therefore, you are advised to periodically review these Terms, as such modifications may affect your legal rights as to your participation in Tailwind Rewards. Continued participation constitutes acceptance of any changes. If you disagree, your sole remedy is to discontinue your participation in Tailwind Rewards. Tailwind will not be liable for any value lost, including points or rewards.

Eligibility
Tailwind Rewards is open to U.S. residents (including D.C.) who are 18 years of age or older and have an account at tailwindnutrition.com. You must be logged in to your account to earn or redeem points. If your shipping or account address is outside the U.S., you will not be eligible for Tailwind Rewards. 

Tailwind Nutrition employees and their immediate family members are not eligible to participate in Tailwind Rewards.

Your participation in Tailwind Rewards is subject to all federal, state, and local laws and regulations, and is void outside of the U.S. and wherever prohibited or restricted by law.

Joining Tailwind Rewards
To join, log into your tailwindnutrition.com account or create one and opt-in to Tailwind Rewards. Your account will be subject to Tailwind’s Terms of Service (https://tailwindnutrition.com/policies/terms-of-service). There are no fees to participate. You may opt out anytime by contacting support@tailwindnutrition.com. If you opt out, any unused points or tier status will be forfeited and cannot be recovered, even if you rejoin later. There is a limit of one (1) registration per participant. Without limitation to Tailwind’s Terms of Service, the security of your account is your sole responsibility. If your account is compromised, you must immediately advise us at support@tailwindnutrition.com. You assume full responsibility for the use, unauthorized use, or misuse of your account as if any such use were made by you.

MESSAGE AND DATA RATES MAY APPLY IF YOU ACCESS YOUR ACCOUNT VIA MOBILE WEBSITE OR APP. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN TAILWIND REWARDS VIA MOBILE WEBSITE AND/OR APP. PARTICIPANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE PARTICIPATION IS NOT REQUIRED TO PARTICIPATE IN TAILWIND REWARDS.

Earning Points
Points are earned on eligible purchases (excluding taxes, fees, shipping, gift cards, and discounts). Points are rounded down to the nearest dollar.

Points may be redeemed for discounts on qualifying purchases when minimum cart totals are met.

You may also be eligible for certain additional, tiered benefits based on the number of points that you earn or redeem. Benefits may include early access, exclusive discounts, and bonus point multipliers.

How to earn points, how points are redeemed, and any other benefit may vary and are subject to change. For the most current list of ways to earn points and point values, the most up-to-date redemption values and threshold, and for a descriptions of tiers and perks, please visit our Tailwind Rewards Page.

Redeeming Points
Redemptions must occur at the time of purchase and cannot be applied retroactively. Points have no cash value and cannot be exchanged or transferred. Points always remain property of Tailwind and you do not have any property rights in points. Points are redeemable for items within Tailwind’s online marketplace only (available at [www.tailwindnutrition.com]). Redemption opportunities may change without notice and may carry their own restrictions or expiration dates. Pooling of points between persons/entities is strictly prohibited. Any other method of attempting to obtain points and any other form of manipulation/abuse of the Tailwind Rewards (e.g., attempting to register more than once) is strictly prohibited, and any and all prohibited acts (including attempts at such acts) constitutes a violation of these Terms and Tailwind’s legal rights. By way of example only, points (a) cannot be purchased apart from the purchase of qualifying product(s) using a qualifying added credit card (if applicable), and (b) cannot be transferred, exchanged, or purchased/sold (and, any such transfer/exchange/purchase/sale is void ab initio and of no legal effect). Any such activities void points and may result in termination of your participation in Tailwind Rewards. In addition, if Tailwind suspects that a you or any other participant has engaged in fraud in conjunction with Tailwind Rewards participation or has violated these Terms, Tailwind may, at any time, require such you to furnish (as applicable) the following: (i) the original, dated sales receipt(s) and/or other materials establishing the authenticity of the underlying purchase of qualifying product(s); and/or (ii) proof that you have performed any prescribed non-purchase activity, in each case in full compliance with these Terms and any accompanying guidelines, at any time. This is in addition to you providing satisfactory proof of identity if requested by Tailwind. Should  you fail to provide (as applicable) the requested materials listed above and/or the materials are furnished but determined by Tailwind to be inadequate, unsatisfactory, or inconclusive to establish (as applicable) the authenticity of the underlying purchase of qualifying product(s) or the proper performance of the prescribed non-purchase activity, your participation in Tailwind Rewards will be terminated. Should you not engage in any Tailwind Reward activities (i.e., either the receipt or redemption of points) for a period of six (6) consecutive months, then your participation in Tailwind Rewards will be terminated without further notice. 

Points are good for one-time use only by you. Once points are redeemed, any applicable items become the sole responsibility of you and will not be replaced if lost or stolen.  

Your Tailwind Rewards Account
Accounts are personal and may not be shared or used for commercial purposes (e.g., resale). Tailwind reserves the right to suspend or terminate any account suspected of misuse, fraud, or violation of these Terms and invalidate your points. You will immediately be liable for any part of purchase(s) made via redemption of such invalidated points and any previously received but unused points will be declared void and forfeited without compensation of any kind. Tailwind further reserves the right to seek all available remedies so as to protect its legal rights, in law and/or equity, including reporting any suspected fraudulent activity to the relevant legal authorities for criminal prosecution.

Records
PARTICIPANTS IN TAILWIND REWARDS ARE STRONGLY ADVISED TO MAINTAIN THEIR OWN RECORDS AS TO RECEIVING AND REDEEMING POINTS; MAINTENANCE OF SUCH RECORDS IS THE PARTICIPANT’S SOLE RESPONSIBILITY. The point balance reflected in your account may not be accurate and up-to-date at any given time, and Tailwind expressly disclaims any and all liability as to the accuracy or currency of such information; Tailwind also reserve the right to update or modify any such information should Tailwind determine that the information initially furnished to you or your account is inaccurate or incomplete for any reason (including, without limitation, Tailwind error.) You are solely responsible for any expenses, fees, and applicable taxes in conjunction with your Tailwind Rewards participation, including the receipt and redemption of points. Tailwind’s failure to enforce any provision of these Terms and Conditions in a given instance does not constitute the waiver of such provision. Tailwind is not responsible for (i) any incomplete, incorrect, or inaccurate -related information/materials, whether caused by tampering, hacking, equipment malfunction/failure, or other cause; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission of Tailwind Rewards-related materials, communications line failure, theft or destruction or unauthorized access to, or alteration of points or other Tailwind Rewards-related information/materials; (iii) any problems or technical malfunctions, disruptions or failures of any kind, including the functionality of telephone network or lines, computer on-line systems, servers or providers, software or programming.   Use of programmed, automated, robotic, or like means to participate in Tailwind Rewards is prohibited and may result in termination of Tailwind Rewards participation as described above.

Privacy
Tailwind’s use of personal data collected through the Rewards Program is governed by our Privacy Policy. Please review it to understand how we manage your information.

Release; Indemnification; Disclaimer; Limitations
By participating in Tailwind Rewards, you agree to indemnify, defend, release, and hold Tailwind and its parents, affiliates, subsidiaries, divisions, wholesalers/distributors/suppliers, as well as any entity involved in the design, development, and/or implementation of Tailwind Rewards, as well as their respective officers, directors, employees, agents, representatives, shareholders, successors, and assigns (collectively, the “Releasees”), harmless from any and all claims, losses, damages, and liability of any kind arising from participating in Tailwind Rewards or any Tailwind Rewards-related activity, including without limitation the safekeeping of your account, the receipt and redemption of points, and any items received via redemption of points. TAILWIND REWARDS (INCLUDING POINTS, YOUR ACCOUNT, ITEMS OR BENEFITS AVAILABLE TO YOU THROUGH TAILWIND REWARDS, OR OTHERWISE) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TAILWIND HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND/OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE TAILWIND REWARDS (INCLUDING POINTS, YOUR ACCOUNT, ITEMS OR BENEFITS AVAILABLE TO YOU THROUGH TAILWIND REWARDS, OR OTHERWISE) UNDER ANY LEGAL THEORY, INCLUDING THE WARRANTY OF MERCHANTABILTY OR FITNESS FOR THE INTENDED PURPOSE.   

WITHOUT LIMITING THE FOREGOING, TAILWIND DOES NOT REPRESENT OR WARRANT THAT TAILWIND REWARDS, YOUR ACCOUNT, OR ANY ASSOCIATED WEBSITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT TAILWIND REWARDS, YOUR ACCOUNT, OR ANY ASSOCIATED WEBSITE OR APPLICATION (OR ANY RELATED SERVER, OTHER HARDWARE, OR SOFTWARE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAILWIND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SECURITY OF YOUR PERSONAL INFORMATION. 

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER TAILWIND NOR ANY OF TAILWIND’S AGENTS, SUCCESSORS, OR ASSIGNS, NOR ITS NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO TAILWIND REWARDS, WHETHER OR NOT TAILWIND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. TAILWIND’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED TEN DOLLARS ($10).

SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, AND AS SUCH, THESE LIMITATIONS AND EXCLUSIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

Force Majeure
If, for any reason, Tailwind Rewards (or any part thereof) is not capable of running as originally planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes which, in Tailwind’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of Tailwind Rewards (or any part thereof), Tailwind reserves the right at its sole discretion to cancel, terminate, modify, or suspend Tailwind Rewards or any element of Tailwind Rewards, as determined by Tailwind in its sole discretion. Without limitation, Tailwind may continue to issue points and/or allow you to redeem points in in your account only up until the time of such cancellation/termination of Tailwind Rewards.   Notice of such action will be posted on the tailwind.com website.

California Residents – CCPA Financial Incentive Notice
We may offer promotions that involve collecting personal information and offering discounts or perks in return. These may be considered financial incentives under the California Consumer Privacy Act ("CCPA").

We collect personal information including your name, contact info, birthday, order and account data, preferences, and feedback. In return, you may receive rewards, coupons, and promotions. We determine the value of the data based on the cost of providing the incentive and believe it is reasonably related to the benefits received.

Participation is voluntary. You can opt out or withdraw at any time by emailing support@tailwindnutrition.com.

For questions or to contact us: supportcrew@tailwindnutrition.com

Arbitration; Dispute Resolution
A. Binding Arbitration. You and Tailwind both agree that any and all disputes or claims arising out of or relating in any way to Tailwind Rewards, including any question regarding the existence, validity, or termination of these Terms as well as any issue regarding the interpretation of this Section, will be resolved by binding arbitration before a sole arbitrator (rather than in court), except that you may assert claims in small claims court if your claims qualify and Tailwind may pursue a collection action against you in court. This also includes any claims that arose before you accepted these Terms, regardless of whether prior versions of these Terms required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.

B. Neutral Arbitrator. Arbitration uses a neutral arbitrator instead of a judge and jury. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of and these Terms as a court would. Arbitration procedures allow for more limited discovery, and court review of an arbitration award is limited. 

C. Notice. If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to Tailwind, by certified mail, a written notice of your claim that (i) describes the nature and basis of the claim or dispute; (ii) sets forth the specific relief sought; and (iii) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: Tailwind Nutrition, Inc. 10 Town Plaza, #186, Durango, CO 81301, US (“Notice Address”). You may download or copy a form Notice at www.adr.org. If Tailwind and you do not reach an agreement to resolve the claim within sixty (60) days after the Notice is received, you or Tailwind may commence an arbitration proceeding or file a claim in small claims court.

D. Initiation of Arbitration. You may download or copy a form to initiate arbitration at www.adr.org. 

E. Consumer Arbitration Rules. The arbitration will be governed by the AAA’s then current Consumer Arbitration Rules, as modified by the terms of and these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In the event of any conflict between the terms of and these Terms and the AAA Consumer Arbitration Rules, the terms of and these Terms will apply. 

F. Fees. Each party will bear its own fees in connection with the arbitration, including the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing. 

G. Hearings. If your claim is for US$25,000 or less, you and Tailwind agree that you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing. You may also request an in-person hearing, which the arbitrator may grant at his or her discretion. If the arbitrator grants an in-person hearing, such hearing will be conducted either at a mutually agreed location or a location determined by the AAA or the arbitrator. In such an in-person hearing, the parties, or any of their witnesses, have the right to participate remotely by way of videoconference or some similar means. If your claim exceeds US$25,000, the right to a hearing will be determined by the arbitrator. All in-person hearings will be held in [Denver, Colorado.] 

H. No Class Action. You and Tailwind agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated, or mass action. Neither you nor Tailwind may join or consolidate claims by or against a third party or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. If this provision is found to be unenforceable, then the entirety of this Section shall be null and void.

I. Confidentiality. Any arbitration will be confidential. Neither you, Tailwind, the AAA, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by applicable laws, rules, or regulations or for purposes of enforcing or challenging of the arbitration award.

J. Opt-Out. You may opt out of this dispute resolution procedure by providing written notice to Tailwind at the Notice Address no later than thirty (30) calendar days from the date of your purchase of Tailwind products or services (or date of first use, in the case of free products or services). Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of and these Terms or your ability to use Tailwind products or services in any way or your ability to participate in Tailwind Rewards. 

K. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Tailwind and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Without limiting the foregoing and your relationship with Tailwind, disputes between the you and Tailwind shall be governed by, and construed and interpreted in accordance with, the Federal Arbitration Act, applicable federal law, and the laws of the State of Colorado without regard to conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the rest of this Section, the parties irrevocably consent to bring any action to enforce and these Terms in the federal or state courts located in Denver, Colorado, and you consent to the exclusive jurisdiction of the federal or state courts located in Denver, Colorado.

General
Should any provisions of these Terms be deemed by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be stricken and replaced with a substitute provision which is valid and enforceable and most closely approximates the original intent of Tailwind.  You are responsible for compliance with all applicable laws, rules, and regulations, including without limitation United States export and import regulations. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you and any attempted assignment, transfer, delegation or sublicense shall be null and void. Tailwind may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. Except as explicitly stated otherwise, legal notices shall be served, in the case of Tailwind supportcrew@tailwindnutrition.com, or, in your case, to contact information you choose to provide us in your account. Notice to you shall be deemed given 24 hours after the e-mail is sent. 

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