Terms and Conditions

Last Updated: January 2026

V 1.2 Last updated 10th August 2021

These Terms and Conditions (“Terms”) govern your access to and use of https://www.upwindcompanies.com (the “Website”) and any services provided by Upwind LLC (“Upwind,” “we,” “us,” or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. Use of Website

You may use this Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates applicable laws or regulations in the United States, Canada, or any other applicable jurisdiction.

We reserve the right to suspend or terminate access to the Website at our discretion, without notice, if we believe these Terms have been violated.

2. No Professional Advice

All content on this Website is provided for general informational purposes only. Nothing on this Website constitutes legal, financial, tax, accounting, or investment advice.

You should consult qualified professionals before making any business, legal, or financial decisions. Any reliance on information provided through this Website is at your own risk.

3. Services Disclaimer

Upwind LLC provides consulting, growth strategy, sales experimentation, and related professional services. While we aim to deliver meaningful business outcomes, we do not guarantee specific results, revenue levels, performance improvements, or financial outcomes.

Business growth involves risk and depends on many factors outside our control, including market conditions, competition, execution, and client decisions.

4. Intellectual Property

All content on this Website, including text, logos, graphics, images, videos, and design elements, is the property of Upwind LLC or its licensors and is protected by applicable United States and Canadian intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any Website content without prior written permission from Upwind LLC.

5. User Submissions

If you submit information to us through the Website, including via contact forms or email, you represent that the information is accurate and that you have the right to provide it.

We do not guarantee the confidentiality of information submitted through the Website unless expressly agreed to in writing. Please do not submit sensitive, confidential, or proprietary information through the Website.

6. Third-Party Links

The Website may contain links to third-party websites or services for convenience. Upwind LLC does not control or endorse these third-party sites and is not responsible for their content, policies, or practices.

Your use of third-party websites is at your own risk.

7. Limitation of Liability

To the fullest extent permitted by law, Upwind LLC shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Website or services.

This includes, without limitation, loss of revenue, profits, data, goodwill, or business opportunities, even if we were advised of the possibility of such damages.

8. Indemnification

You agree to indemnify and hold harmless Upwind LLC, its members, officers, employees, and contractors from any claims, liabilities, damages, losses, or expenses arising from your use of the Website or violation of these Terms.

9. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect personal information in compliance with applicable United States and Canadian privacy laws.

10. Governing Law

For users located in the United States, these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

For users located in Canada, these Terms shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

11. Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration or in the courts of the applicable jurisdiction, at the sole discretion of Upwind LLC, unless prohibited by law.

You agree to waive any right to participate in class actions to the extent permitted by law.

12. Changes to These Terms

We may update these Terms at any time without prior notice. Updated Terms will be posted on this page with a revised “Last Updated” date. Your continued use of the Website constitutes acceptance of the revised Terms.

13. Contact Information

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

Upwind LLC
Website: https://www.upwindcompanies.com
Email: tivan@upwindcompanies.com

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