Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Wind River Supply LLC ("Company," "we," "our," or "us") concerning your access to and use of the thewindriversupply.com website and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your company or organization. By using our Services, you represent and warrant that you meet these requirements.

2.2 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Transmit any harmful, fraudulent, or misleading information
• Impersonate or attempt to impersonate the Company or any other person or entity
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Use automated systems (bots, scrapers) without our written permission
• Attempt to gain unauthorized access to any portion of the Services

3. Partnership Applications

3.1 Application Process

Submitting a partnership application does not guarantee acceptance into our partnership program. We reserve the right to accept or reject any application at our sole discretion without providing reasons.

3.2 Accuracy of Information

You agree to provide accurate, current, and complete information in your application and to update such information to keep it accurate, current, and complete. Misrepresentation of information may result in immediate termination of discussions or services.

3.3 No Obligation

Your application and any subsequent communications do not create any contractual relationship until a formal written agreement is executed by both parties.

4. Intellectual Property Rights

4.1 Our Content

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 Wind River Supply LLC, its licensors, 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.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal and commercial use in accordance with these Terms.

4.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Services without our prior written consent.

5. Confidentiality

During discussions about potential partnership opportunities, either party may disclose confidential information. Each party agrees to maintain the confidentiality of such information and use it solely for the purpose of evaluating the potential business relationship. This obligation survives termination of these Terms for a period of three (3) years.

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, timely, secure, or error-free access to the Services
• Accuracy, reliability, or completeness of information on the Services

We do not warrant that any defects will be corrected or that our Services are free of viruses or other harmful components.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIND RIVER SUPPLY LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, data, or use
• Cost of procurement of substitute goods or services
• Business interruption
• Any other damages arising out of or in connection with your use of the Services

Our total liability for any claims under these Terms shall not exceed the amount you paid us (if any) in the twelve (12) months prior to the event giving rise to the liability, or $100, whichever is greater.

8. Indemnification

You agree to defend, indemnify, and hold harmless Wind River Supply LLC and its affiliates, officers, directors, employees, agents, and contractors 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 these Terms or your use of the Services.

9. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party content or services.

10. Communications

10.1 Electronic Communications

By using our Services or providing your contact information, you consent to receive electronic communications from us. These communications may include emails, SMS messages, and notices through our Services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

10.2 SMS Terms

By providing your phone number, you consent to receive transactional and service-related SMS messages. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. We use Twilio for SMS delivery. Carriers are not liable for delayed or undelivered messages.

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiation. If not resolved within thirty (30) days, either party may pursue binding arbitration in Phoenix, Arizona under the rules of the American Arbitration Association. Each party shall bear its own costs and expenses.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms.

14. Severability and Waiver

14.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14.2 Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Wind River Supply LLC concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us.

16. Contact Information

If you have any questions about these Terms, please contact us: