Legal notice
IMPORTANT PRODUCT & SAFETY INFORMATION
PLEASE READ BEFORE PURCHASING OR USING ANY SECOND WIND PRODUCT
Your health and safety are important to us. Dietary supplements, nutritional products, wellness products, foods, beverages, coffee products, and other consumer products can affect individuals differently, and no product is appropriate for every person.
The information provided by Second Wind through this website, product pages, advertisements, social media, emails, blogs, customer-service communications, packaging, educational materials, reviews, testimonials, or any other communication is provided for general informational and educational purposes only. It is not medical advice and should never be considered a substitute for consultation, diagnosis, treatment, or advice from a physician, pharmacist, registered dietitian, or other qualified healthcare professional.
ALWAYS CONSULT YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BEFORE PURCHASING, BEGINNING, USING, COMBINING, CHANGING, CONTINUING, OR DISCONTINUING ANY DIETARY SUPPLEMENT OR WELLNESS PRODUCT.
Second Wind cannot evaluate your personal medical history, medications, health conditions, allergies, sensitivities, dietary intake, pregnancy or breastfeeding status, other supplement use, family medical history, or individual response to ingredients and therefore cannot determine whether a particular product or ingredient is appropriate for you.
If you are uncertain whether a Second Wind product is appropriate for you, do not use the product until you have discussed it with a qualified healthcare professional.
PART I — PRODUCT SAFETY AND MEDICAL DISCLAIMER
1. CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL
Before taking any Second Wind product, discuss the product, its ingredients, serving size, recommended use, and your individual health circumstances with your physician, pharmacist, registered dietitian, or other qualified healthcare professional.
Professional consultation is especially important if you:
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Take prescription medications
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Take over-the-counter medications
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Use other dietary supplements
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Have or suspect a medical condition
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Have allergies or ingredient sensitivities
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Are pregnant, may be pregnant, or are trying to become pregnant
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Are breastfeeding or nursing
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Are preparing for surgery, a medical procedure, dental procedure, or laboratory testing
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Are undergoing medical treatment
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Are sensitive to caffeine or stimulants
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Have questions concerning any ingredient
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Develop new symptoms or changes in your health
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Begin or change medications or other supplements
Do not assume that an ingredient is safe or appropriate for you merely because it is described as natural, herbal, plant-based, nutritional, commonly used, or available without a prescription. Natural ingredients can still have significant effects on the body, cause adverse reactions, or interact with medications, foods, medical treatments, or other supplements.
Continue communicating with your healthcare professional while using dietary supplements. Contact your healthcare professional whenever you have questions, concerns, unusual symptoms, changes in health, changes in medications, or questions about whether continued use remains appropriate.
2. ADULTS AGE 18 AND OLDER
Unless the individual product expressly states otherwise, Second Wind dietary supplements and similar wellness products are intended for adults 18 years of age and older only.
Individuals under 18 years of age should not use such products unless the specific product expressly states otherwise and use has been approved by an appropriate healthcare professional.
Parents, guardians, and caregivers should not give Second Wind dietary supplements to children or teenagers contrary to the product label.
Keep all products safely stored and out of the reach of children.
If a child accidentally consumes a Second Wind product, contact an appropriate healthcare professional or Poison Control promptly. If the child experiences severe symptoms, loss of consciousness, difficulty breathing, seizure, or another medical emergency, call 911 or seek emergency medical treatment immediately.
3. PREGNANCY AND BREASTFEEDING
If you are pregnant, may be pregnant, are trying to become pregnant, or are breastfeeding, do not begin using a Second Wind dietary supplement or similar wellness product without first discussing it with your physician or another qualified healthcare professional.
Pregnancy and breastfeeding can change how the body responds to certain substances. Some ingredients that may be appropriate for other adults may not be appropriate during pregnancy or breastfeeding.
Do not assume that a product or ingredient is appropriate during pregnancy or breastfeeding merely because it is described as natural.
Your healthcare professional should determine whether a supplement or individual ingredient is appropriate for your circumstances.
4. MEDICATIONS AND SUPPLEMENT INTERACTIONS
If you take any medication, whether prescription, over-the-counter, regularly, occasionally, or as needed, speak with your physician or pharmacist before taking a Second Wind dietary supplement.
Dietary supplement ingredients may affect how certain medications are absorbed, metabolized, or processed by the body. They may increase or decrease the effects of medications or increase the possibility of unwanted reactions.
Never discontinue, reduce, increase, replace, or otherwise change a prescribed medication because you have begun using a dietary supplement unless instructed to do so by a qualified healthcare professional.
Second Wind products are not replacements for prescription medications or professional medical treatment.
Use caution when taking more than one dietary supplement. Different supplements may contain the same or similar vitamins, minerals, herbs, amino acids, caffeine, stimulants, or other active ingredients. Taking several products simultaneously may unintentionally increase your total intake of one or more ingredients.
Before combining Second Wind products with one another or with supplements from another company, review all ingredient labels and discuss the combination with your physician, pharmacist, or other qualified healthcare professional.
5. MEDICAL CONDITIONS
If you have been diagnosed with, are being evaluated for, or believe you may have a medical condition, consult a qualified healthcare professional before using any Second Wind dietary supplement or similar wellness product.
This is especially important for conditions involving, among other things:
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The heart or cardiovascular system
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Blood pressure
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Kidneys
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Liver
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Thyroid
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Blood sugar or diabetes
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Nervous system
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Digestive system
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Immune system
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Bleeding or clotting
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Seizures
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Sleep disorders
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Anxiety or panic disorders
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Caffeine or stimulant sensitivity
This list is not exhaustive.
Reference to these conditions does not mean or imply that Second Wind products diagnose, treat, cure, mitigate, or prevent any such condition. Rather, individuals with medical conditions may require additional professional guidance before using dietary supplements or wellness products.
6. SURGERY, MEDICAL PROCEDURES, DENTAL PROCEDURES, AND LABORATORY TESTING
Tell your physician, surgeon, dentist, pharmacist, anesthesiologist, and other healthcare professionals about all dietary supplements and wellness products you are taking before surgery, dental procedures, medical procedures, or laboratory testing.
Certain dietary supplements may interact with medications used before, during, or after a procedure and may potentially affect bleeding, heart rate, blood pressure, sedation, laboratory results, or other aspects of treatment.
Your healthcare professional may recommend temporarily discontinuing a supplement before a procedure.
Always follow the instructions of your healthcare provider.
7. CAFFEINE, STIMULANTS, AND ENERGY PRODUCTS
Some Second Wind products may contain caffeine, botanical ingredients, vitamins, minerals, amino acids, or other ingredients intended to support energy, alertness, focus, mental clarity, or similar general wellness functions.
Always review the complete Supplement Facts or Nutrition Facts panel and ingredient list before use.
If a product contains caffeine or another stimulating ingredient, consider your total daily intake from all sources, including:
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Coffee
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Tea
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Soda
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Energy drinks
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Pre-workout products
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Medications
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Other dietary supplements or wellness products
Individuals who are sensitive to caffeine or stimulants, have difficulty sleeping, experience rapid heartbeat or palpitations, or have been advised by a healthcare professional to limit stimulants should consult their healthcare professional before use.
Do not combine multiple energy or stimulant products unless a qualified healthcare professional has advised that doing so is appropriate for you.
8. READ AND FOLLOW THE PRODUCT LABEL
Always read the complete product label before purchasing or using a Second Wind product.
Review all applicable:
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Supplement Facts or Nutrition Facts
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Ingredient lists
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Allergen information
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Serving size
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Recommended dosage
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Directions
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Warnings
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Storage information
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Expiration or best-by information
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Product-specific precautions
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Recommended use
DO NOT EXCEED THE RECOMMENDED SERVING OR DOSE STATED ON THE PRODUCT LABEL.
Taking more than the recommended amount does not necessarily provide greater benefit and may increase the possibility of side effects or adverse reactions.
Product-specific directions and warnings may differ from the general information on this website. If an individual product label contains a more specific warning, restriction, or instruction, follow the product-specific information.
9. PRODUCT SAFETY SEALS, CONDITION, AND STORAGE
Do not use or consume a product if:
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The safety seal is missing or damaged
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Tamper-evident packaging is broken
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Packaging or the container appears opened, altered, or tampered with
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The container is significantly damaged
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The product appears contaminated
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The contents appear abnormal
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The product has an unusual odor, color, or appearance
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The product contains unexpected foreign material
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Capsules or tablets appear damaged
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The package is leaking
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The product appears to have been improperly stored
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The product is expired or past its stated best-by date unless otherwise directed by the manufacturer
If you receive a product in questionable condition, do not use it until the issue has been addressed. Contact Second Wind when appropriate.
Store products according to the individual product label. Unless otherwise directed, products should generally be kept in a cool, dry location away from excessive heat, moisture, and direct sunlight.
Keep all products out of reach of children and pets.
10. ALLERGIES AND SENSITIVITIES
Always review the complete ingredient and allergen information before consuming a Second Wind product.
Do not use a product if you know or suspect that you are allergic or sensitive to any ingredient it contains.
Individuals with serious food allergies or ingredient sensitivities should consult a qualified healthcare professional and review available manufacturer and allergen information before use.
If you experience signs of a serious allergic reaction, including difficulty breathing; swelling of the face, lips, tongue, or throat; severe rash; fainting; loss of consciousness; or another potentially life-threatening reaction, stop using the product and seek emergency medical assistance immediately.
11. SIDE EFFECTS AND ADVERSE REACTIONS
Individual responses to dietary supplements and wellness products vary.
DISCONTINUE USE IMMEDIATELY if you experience an unexpected, concerning, persistent, severe, or adverse reaction.
Contact your physician, pharmacist, or another qualified healthcare professional for advice.
Do not continue using a product merely because you believe an unwanted reaction will eventually disappear.
If symptoms are severe or potentially life-threatening—including difficulty breathing, severe swelling, loss of consciousness, seizure, severe chest pain, or other serious symptoms—call 911 or seek emergency medical treatment immediately.
Do not wait for a response from Second Wind before obtaining emergency medical assistance.
Contacting Second Wind is not a substitute for medical evaluation or treatment.
12. DO NOT SUBSTITUTE PRODUCTS FOR MEDICAL CARE
Second Wind dietary supplements are intended to supplement the diet and support general wellness where appropriate.
They should not be used as substitutes for:
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A balanced diet
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Healthy lifestyle choices
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Professional medical care
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Medical diagnosis
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Prescription medications
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Counseling from a qualified healthcare professional
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Treatment recommended by a physician or other healthcare provider
Do not delay seeking medical care because of information on the Second Wind website or because you are using a Second Wind product.
Do not discontinue medical treatment because you have begun using a Second Wind product.
If you experience symptoms that concern you, seek appropriate medical advice.
13. NO HEALTHCARE-PROVIDER RELATIONSHIP
Second Wind is not your physician, pharmacist, registered dietitian, hospital, clinic, medical practice, or healthcare provider.
Purchasing a product, visiting this website, communicating with Second Wind, submitting a safety report, reading Second Wind materials, or using a Second Wind product does not create a physician-patient, pharmacist-patient, healthcare-provider-patient, or other professional medical relationship.
Second Wind employees and representatives cannot diagnose medical conditions or determine appropriate medical treatment.
Questions concerning your health should be directed to a qualified healthcare professional familiar with your individual medical history.
Recommendations or comments from another customer, friend, family member, influencer, reviewer, salesperson, employee, or other non-medical individual should never replace professional healthcare advice.
14. INDIVIDUAL RESULTS WILL VARY
Every person is different.
Factors affecting an individual's experience with a dietary supplement or wellness product may include:
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Age
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Body composition
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Genetics
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Diet
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Lifestyle
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Activity level
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Sleep
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Medical history and health conditions
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Medications
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Individual sensitivity
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Use of other supplements
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Frequency of use
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Duration of use
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Overall health
Second Wind does not guarantee that any customer will experience a particular outcome.
Terms such as Energy, Focus, Clarity, Wellness, Performance, Support, Productivity, Endurance, or Alertness describe intended nutritional, general wellness, or permissible structure/function purposes where applicable. They are not guarantees of a specific result and should not be interpreted as claims that a product will diagnose, treat, cure, mitigate, or prevent disease.
Customer testimonials, reviews, photographs, videos, endorsements, personal stories, experiences, statements, or advertising examples represent individual experiences and should not be interpreted as medical advice or a promise that another customer will experience the same or similar results.
15. FDA STATUS
Second Wind products should not be assumed to have been individually reviewed, approved, endorsed, certified, tested, or guaranteed by the U.S. Food and Drug Administration unless such approval is specifically required by law and expressly documented.
Different categories of products—including dietary supplements, conventional foods, beverages, coffee products, and other consumer wellness products—are regulated differently under federal law.
The fact that a Second Wind product is available for purchase does not mean the FDA has tested, evaluated, approved, certified, or endorsed the individual product.
Likewise, registration of a manufacturer, facility, supplier, distributor, or other business with the FDA does not mean that the FDA has approved or endorsed an individual product.
The absence of FDA premarket approval does not, by itself, mean that a product is unlawful, unsafe, or improperly manufactured.
For dietary supplements, where applicable:
THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
16. HEALTH, MEDICATION, OR CIRCUMSTANCE CHANGES
Even if a product was previously appropriate for you, circumstances can change.
Consult your healthcare provider again if:
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You begin taking a new medication
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A medication dosage changes
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You develop a new health condition
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You experience new symptoms
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You become pregnant
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You begin breastfeeding
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You are scheduled for surgery or another procedure
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You begin another dietary supplement
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Your physician recommends dietary restrictions
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You experience an unusual or adverse reaction
Previous use without difficulty does not guarantee that continued use will always be appropriate.
17. PRODUCT FORMULAS AND INFORMATION MAY CHANGE
Manufacturers and suppliers may change:
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Product formulations
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Ingredient sources
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Manufacturing processes
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Serving sizes
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Labels
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Packaging
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Warnings
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Allergen information
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Other product characteristics
Review the current product label every time you purchase a product, even if you have used it previously.
Do not assume that a newly purchased product is identical to an earlier version merely because its name or appearance has remained the same.
Second Wind attempts to provide accurate product and website information. However, information may occasionally contain typographical errors, technical errors, incorrect photographs, incomplete or outdated information, ingredient updates, packaging changes, formula changes, pricing errors, or availability errors.
Second Wind reserves the right to correct or update information as appropriate.
The actual product packaging and label should always be reviewed before use.
18. THIRD-PARTY MANUFACTURERS AND SERVICE PROVIDERS
Second Wind products may be manufactured, formulated, packaged, stored, fulfilled, distributed, or shipped by independent manufacturers, suppliers, warehouses, distributors, fulfillment companies, carriers, and other service providers.
Product-specific manufacturing information, ingredient information, certifications, facility information, and manufacturing processes may therefore differ between products.
Second Wind expects its suppliers and manufacturing partners to comply with applicable requirements; however, customers should review individual product labels and manufacturer-provided information.
PART II — TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS
These Terms & Conditions govern access to and use of the Second Wind website and the purchase, possession, and use of products offered by Second Wind.
By accessing or browsing the website, submitting information, creating an account, placing an order, purchasing or receiving a product, communicating with Second Wind, or otherwise using a Second Wind website, product, service, or communication, you acknowledge that you have read, understood, and agree to these Terms and all policies incorporated or referenced herein.
If you do not agree, do not use the website or purchase or use Second Wind products.
Second Wind may revise these Terms periodically. Continued use after revised Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.
2. ABOUT SECOND WIND
Second Wind may offer dietary supplements, nutritional products, wellness products, coffee, beverages, accessories, merchandise, and other consumer products.
Products may be manufactured, formulated, packaged, stored, fulfilled, distributed, or shipped by independent manufacturers, suppliers, distributors, fulfillment companies, warehouses, carriers, and other service providers.
Second Wind may add, modify, replace, limit, or discontinue products at any time.
3. ELIGIBILITY AND LAWFUL USE
The website may be used only for lawful purposes.
By making a purchase, you represent that you are legally capable of entering into a binding transaction.
Unless specifically stated otherwise on an individual product label, Second Wind dietary supplements and similar wellness products are intended for adults 18 years of age and older.
4. PRODUCT SAFETY TERMS INCORPORATED
The Product Safety and Medical Disclaimer above forms part of these Terms.
Customers are responsible for reviewing and following the complete product label, directions, warnings, ingredients, Supplement Facts or Nutrition Facts, allergens, serving recommendations, storage information, expiration information, and other product-specific instructions.
Where a product label provides a more specific warning or instruction, the product-specific information should be followed.
5. PRODUCT AVAILABILITY AND DESCRIPTIONS
All products are subject to availability.
Second Wind may:
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Discontinue or modify products
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Limit quantities
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Refuse or cancel orders
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Correct inventory information
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Modify product offerings
Appearance of a product on the website does not guarantee its availability.
Second Wind attempts to provide accurate product descriptions and images, but descriptions may contain typographical, technical, photographic, manufacturer, packaging, formula, ingredient, or other errors or changes.
Customers should review the actual product received before use.
6. PRICING
Second Wind attempts to display accurate pricing but pricing errors may occur.
Second Wind may correct pricing errors and, where legally permitted, cancel an order based upon an obvious pricing mistake.
Prices may change without notice.
Applicable taxes, shipping charges, or other charges may be added at checkout.
7. ORDERS
Submission of an order does not guarantee acceptance.
Second Wind may reject, hold, limit, verify, or cancel an order for legitimate reasons including:
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Product availability
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Payment issues
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Suspected fraud
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Incorrect customer information
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Shipping limitations
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Pricing errors
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Technical issues
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Excessive quantities
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Suspected unauthorized resale
8. CUSTOMER INFORMATION
Customers are responsible for providing accurate and complete:
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Name
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Billing information
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Shipping address
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Email address
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Telephone number
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Payment information
Second Wind is not responsible, to the extent permitted by applicable law, for delays, losses, or additional expenses resulting from inaccurate or incomplete information supplied by a customer.
Accurate contact information may also be important for product recalls and safety communications.
9. PAYMENT
By submitting payment information, you represent that you are authorized to use the payment method provided.
Payments may be processed through independent third-party payment processors or ecommerce platforms.
Second Wind may cancel or delay a transaction if authorization cannot be obtained.
10. FRAUD AND UNAUTHORIZED TRANSACTIONS
Second Wind may investigate suspected fraudulent, unauthorized, deceptive, or unlawful transactions.
Orders may be canceled or held while verification occurs.
Where legally appropriate, relevant information may be provided to payment processors, financial institutions, governmental authorities, or law-enforcement agencies.
11. SHIPPING AND THIRD-PARTY FULFILLMENT
Second Wind may use manufacturers, suppliers, warehouses, fulfillment companies, carriers, and other third parties to prepare and deliver orders.
Items from a single order may ship separately, arrive on different dates, originate from different locations, or use different carriers.
Shipping and delivery dates are estimates unless expressly guaranteed in writing.
Additional terms are provided in the Shipping & Delivery Policy below.
12. RETURNS AND REFUNDS
Returns, replacements, and refunds are subject to the applicable Second Wind return and refund policy.
Opened or used consumable products may be subject to restrictions because of health, safety, hygiene, and product-integrity considerations.
Customers should contact Second Wind promptly concerning a product that is damaged, incorrect, missing, defective, improperly sealed, or otherwise problematic.
Photographs, packaging, proof of purchase, or other reasonable documentation may be requested.
13. CANCELLATIONS
Orders may begin processing shortly after submission.
Second Wind cannot guarantee that an order can be canceled or modified once fulfillment has begun.
Customers seeking a cancellation or modification should contact Second Wind as soon as possible.
Once an order has shipped, it generally cannot be canceled and the applicable return or refund process should be followed.
14. PROMOTIONS
Second Wind may offer coupons, promotional codes, discounts, bundles, special pricing, free shipping, or other promotional offers.
Promotions may be subject to separate conditions and may be modified or discontinued to the extent permitted by law.
15. SUBSCRIPTIONS
If Second Wind offers recurring subscriptions, automatic shipments, or recurring payments, applicable terms will be presented before enrollment.
Customers should review the billing frequency, shipment frequency, cancellation procedure, and applicable charges before enrolling.
16. PERSONAL RESPONSIBILITY AND INFORMED DECISION
The decision to purchase, consume, combine, continue using, or otherwise use a Second Wind product is voluntary.
Customers are responsible for:
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Reviewing product labels and warnings
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Reviewing ingredients and allergen information
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Following serving and dosage instructions
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Determining whether a product is appropriate for their circumstances
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Consulting qualified healthcare professionals where appropriate
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Informing healthcare providers of supplements being used
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Discontinuing use and obtaining appropriate medical assistance when an adverse reaction occurs
Second Wind cannot know or evaluate every customer's medical history, current health condition, medications, allergies, sensitivities, dietary intake, other supplement use, pregnancy or breastfeeding status, family history, or potential individual reaction.
17. ASSUMPTION OF RISK
Dietary supplements, foods, beverages, coffee products, nutritional products, wellness products, and other consumer products may carry risks.
Possible risks may include:
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Side effects
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Allergic reactions
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Ingredient sensitivities
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Medication interactions
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Supplement interactions
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Food interactions
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Excessive consumption
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Individual intolerance
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Unexpected reactions
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Effects related to pre-existing conditions
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Misuse or abuse
By voluntarily purchasing or using a Second Wind product, you acknowledge that such risks may exist and accept responsibility for your decision to use the product.
This includes circumstances involving:
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Failure to follow directions
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Failure to read or observe warnings
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Exceeding recommended servings or dosages
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Combining supplements without appropriate guidance
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Combining supplements with medications without appropriate guidance
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Failure to inform a healthcare professional of supplement use
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Use by someone below the recommended age
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Use during pregnancy or breastfeeding without appropriate consultation
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Use despite a medical condition
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Use despite a known allergy or sensitivity
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Improper storage
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Product misuse or abuse
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Unauthorized product alteration
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Continued use after an adverse reaction
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Use of expired products
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Use of products with broken or missing safety seals
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Failure to obtain appropriate professional advice
Nothing in these Terms suggests that a particular adverse effect will occur or that every possible risk can be identified in advance.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECOND WIND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INJURY, ILLNESS, ADVERSE REACTION, LOSS, DAMAGE, CLAIM, EXPENSE, COST, OR OTHER CONSEQUENCE ARISING FROM OR RELATING TO THE PURCHASE, POSSESSION, USE, MISUSE, CONSUMPTION, COMBINATION, STORAGE, HANDLING, OR DISPOSAL OF A SECOND WIND PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER VOLUNTARILY ASSUMES RESPONSIBILITY FOR THE DECISION TO PURCHASE, CONSUME, USE, COMBINE, OR CONTINUE USING A SECOND WIND PRODUCT.
To the fullest extent permitted by applicable law, Second Wind and its owners, members, officers, managers, directors, employees, representatives, contractors, affiliates, agents, manufacturers, suppliers, distributors, fulfillment partners, service providers, and shipping partners shall not be liable for direct, indirect, incidental, special, consequential, exemplary, or punitive losses or damages arising from or related to product use or misuse, website use, purchases, shipping, fulfillment, customer decisions, or other dealings with Second Wind, except to the extent such liability cannot legally be limited or excluded.
Nothing in these Terms is intended to exclude, disclaim, limit, or waive a legal responsibility or right that applicable federal, state, or local law does not permit a business to exclude, disclaim, limit, or waive.
Any prohibited limitation shall apply only to the maximum extent legally permitted.
19. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, products, website content, and services are provided without warranties or guarantees beyond those expressly stated or legally required.
Second Wind does not guarantee:
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Particular health outcomes
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Particular energy levels
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Particular focus or concentration
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Any particular result
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Product availability
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Uninterrupted website availability
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Error-free website operation
20. THIRD-PARTY PRODUCTS AND SERVICES
Second Wind may rely upon outside companies for manufacturing, sourcing, payment processing, shipping, fulfillment, hosting, ecommerce services, analytics, advertising, communications, technology, and other business functions.
Third parties may operate under their own policies and terms.
Second Wind is not responsible for independent acts or omissions of unrelated third parties except where applicable law imposes responsibility on Second Wind.
21. EXTERNAL LINKS
The Second Wind website may contain links to external websites for convenience.
Second Wind does not control unrelated external websites and does not guarantee their accuracy, security, availability, privacy practices, products, or services.
22. INTELLECTUAL PROPERTY
The Second Wind website and marketing materials may contain intellectual property owned by or licensed to Second Wind, including the Second Wind name, logos, slogans, product names, photographs, graphics, videos, packaging, written content, advertisements, and website designs.
Unauthorized commercial copying, reproduction, distribution, modification, or use is prohibited.
23. CUSTOMER REVIEWS AND SUBMISSIONS
Customers may be permitted to submit reviews, feedback, photographs, comments, or other content.
By submitting content, you represent that you have the legal right to submit it.
Second Wind may remove content it reasonably considers fraudulent, misleading, illegal, threatening, offensive, infringing, spam, unrelated, or otherwise inappropriate.
24. PROHIBITED WEBSITE USE
The website may not be used to:
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Commit fraud
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Engage in unlawful activity
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Introduce malicious software
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Attempt unauthorized access
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Harvest personal information
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Interfere with website operation
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Impersonate another person
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Abuse promotions
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Violate intellectual property rights
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Circumvent website security
25. PRIVACY
Personal information is handled according to the Second Wind Privacy Policy below.
Customers should review that policy for information regarding collection, processing, storage, disclosure, use, advertising, cookies, and applicable privacy rights.
26. ELECTRONIC COMMUNICATIONS
Customers may receive transactional communications such as order confirmations, payment notices, shipping updates, delivery information, customer-service communications, account notices, policy notices, safety communications, and product recall notices.
Marketing communications will be handled according to applicable consent and opt-out requirements.
27. ERRORS AND OMISSIONS
Second Wind may correct pricing errors, typographical errors, product-description errors, promotional errors, technical mistakes, inventory errors, or availability errors.
Where legally permitted, corrections may occur after an order is submitted.
28. EVENTS OUTSIDE SECOND WIND'S CONTROL
To the extent permitted by applicable law, Second Wind shall not be responsible for delays or failures caused by circumstances outside its reasonable control, including:
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Natural disasters
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Severe weather
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Fires
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Floods
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Earthquakes
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Government actions
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Wars
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Civil unrest
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Transportation disruptions
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Carrier failures
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Labor disputes
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Product shortages
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Power outages
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Technology failures
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Similar circumstances beyond reasonable control
29. SEVERABILITY
If a provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply.
The affected provision should be enforced to the greatest extent legally permitted.
30. NO WAIVER
Failure by Second Wind to immediately enforce any provision does not necessarily constitute a waiver of the right to enforce that provision later.
31. GOVERNING LAW
These Terms and use of the Second Wind website shall be governed by applicable federal law and the laws of the State of Arizona, except where another law is legally required to apply.
32. CHANGES TO TERMS
Second Wind may revise these Terms periodically to reflect changes in products, business operations, regulatory requirements, laws, technology, or other relevant circumstances.
The current version will be posted on the Second Wind website.
PART III — PRIVACY POLICY
1. OUR COMMITMENT TO PRIVACY
Second Wind values the trust of its customers and is committed to handling personal information responsibly.
This Privacy Policy explains how personal information may be collected, used, shared, retained, and protected when customers interact with Second Wind, its website, products, services, communications, or advertising.
By accessing the Second Wind website, providing personal information, placing an order, or communicating with Second Wind, you acknowledge this Privacy Policy.
2. INFORMATION WE MAY COLLECT
Depending upon how you interact with Second Wind, information collected may include:
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Name
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Billing address
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Shipping address
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Email address
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Telephone number
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Order information
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Products purchased
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Payment transaction information
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Customer-service communications
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Return or refund information
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Website activity
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Device information
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Browser information
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IP address
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Cookie and similar technology information
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Marketing preferences
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Information voluntarily submitted through forms, surveys, reviews, or communications
Payment information may be processed directly by third-party payment processors or ecommerce platforms.
Second Wind may not directly receive or store complete payment-card numbers when payments are processed through an independent payment provider.
3. HOW PERSONAL INFORMATION MAY BE USED
Second Wind may use personal information to:
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Process and fulfill purchases
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Arrange shipping and delivery
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Communicate concerning orders
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Provide customer support
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Process returns, refunds, replacements, or cancellations
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Investigate payment or fraud concerns
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Maintain business, safety, and transaction records
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Improve website functionality
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Understand customer interests
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Provide requested communications
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Send marketing communications where permitted
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Maintain website security
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Comply with laws and regulatory requirements
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Protect Second Wind, customers, and others from fraud, misuse, or unlawful activity
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Investigate product quality or safety concerns
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Carry out other legitimate business purposes reasonably related to operating Second Wind
4. ORDER FULFILLMENT AND SERVICE PROVIDERS
Second Wind may provide necessary information to manufacturers, fulfillment providers, warehouses, shipping carriers, payment processors, ecommerce platforms, technology providers, and other service providers involved in completing an order or operating the business.
For example, a fulfillment provider may require a customer's name, shipping address, contact information, and order details in order to manufacture, package, fulfill, or deliver the purchase.
Such sharing may be necessary to complete a requested transaction.
5. PAYMENT SECURITY
Payments may be handled by third-party payment processors or ecommerce platforms.
Second Wind does not guarantee the security of systems independently operated by third parties.
Customers should review applicable third-party privacy and security policies when appropriate.
Second Wind will not intentionally request sensitive payment information through an unsecured communication method.
6. COOKIES, ANALYTICS, AND WEBSITE TECHNOLOGY
The Second Wind website may use cookies, pixels, analytics tools, and similar technologies.
These technologies may be used to:
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Remember preferences
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Maintain shopping carts
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Analyze website traffic
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Understand website usage
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Improve website performance
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Measure advertising
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Prevent fraud
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Provide more relevant marketing
Customers may have the ability to manage certain cookies through their browser or website privacy settings. Disabling some cookies may affect website functionality.
Second Wind may use analytics or advertising services operated by outside companies. Those providers may collect information regarding website interactions, devices, browsers, or activity.
7. TARGETED ADVERTISING, SALE, AND SHARING
Second Wind does not intend to sell customer personal information for money as part of its ordinary business operations.
However, certain privacy laws may define some advertising, analytics, or cross-context behavioral advertising activities as a sale, sharing, or targeted advertising, even if Second Wind does not receive money directly in exchange for the information.
Depending upon where you live, you may have a legal right to opt out of certain activities considered a sale, sharing, or targeted advertising.
Where legally required, Second Wind will provide applicable privacy rights and choices.
If you visit the Second Wind website with a recognized Global Privacy Control (GPC) opt-out preference signal enabled, Second Wind will treat the signal as an opt-out request for activity considered a sale, sharing, or targeted advertising for the applicable device and browser where required by law.
8. EMAIL AND MARKETING COMMUNICATIONS
Customers may receive transactional communications regardless of whether they subscribe to marketing communications.
Transactional communications may include:
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Order confirmations
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Payment notices
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Shipping and delivery updates
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Account notices
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Safety communications
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Product recall notices
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Customer-service responses
Marketing emails will provide an available method of unsubscribing where required.
Unsubscribing from marketing communications does not necessarily stop transactional, legal, account, or product-safety communications.
9. SMS AND TEXT COMMUNICATIONS
If Second Wind offers text-message marketing or transactional notifications, customers may be asked to provide separate consent where required.
Message and data rates may apply depending upon the customer's mobile carrier.
Customers may withdraw consent according to the instructions associated with the applicable messaging program.
10. INFORMATION SHARING
Second Wind may disclose personal information when reasonably necessary to:
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Complete orders
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Process payments
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Ship products
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Provide customer support
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Operate the website
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Prevent or investigate fraud
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Comply with legal obligations
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Respond to lawful government requests
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Investigate product or safety concerns
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Protect legal rights
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Support a business transaction such as a merger, sale, acquisition, or restructuring
Second Wind does not intend to disclose personal information unnecessarily.
When appropriate, information related to product safety concerns may be provided to a manufacturer, supplier, fulfillment provider, insurer, regulatory agency, healthcare authority, or other appropriate party involved in investigating the matter, subject to applicable privacy requirements.
11. DATA RETENTION
Second Wind may retain personal information for as long as reasonably necessary to fulfill orders, maintain business and tax records, handle disputes, provide customer service, maintain product-safety records, comply with regulatory obligations, prevent fraud, enforce agreements, and satisfy other applicable legal requirements.
Some information may therefore be retained after a customer stops using the website or purchasing products.
12. DATA SECURITY
Second Wind takes reasonable steps to protect personal information.
However, no internet transmission, electronic storage system, website, payment system, or database can be guaranteed to be completely secure.
Customers acknowledge that electronic transmission involves some level of risk.
If Second Wind becomes aware of a data-security incident requiring customer notification under applicable law, appropriate steps will be taken.
13. CHILDREN'S PRIVACY
The Second Wind website and its dietary supplement products are not intended for children under 18 years of age.
Second Wind does not knowingly seek to collect personal information directly from children for the purpose of purchasing dietary supplements.
Parents or guardians who believe a child has submitted personal information to Second Wind should contact Second Wind.
14. YOUR PRIVACY RIGHTS
Depending upon where you live, you may have legal rights concerning your personal information, including rights to request:
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Access
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Correction
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Deletion of certain information
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Information concerning use or disclosure
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Limitations on certain processing
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Applicable sale, sharing, targeted-advertising, or other opt-outs
Rights vary by jurisdiction and may be subject to legal exceptions.
Second Wind may need to verify your identity before fulfilling certain requests.
15. THIRD-PARTY WEBSITES
The Second Wind website may link to websites operated by other companies.
Second Wind does not control the privacy practices, security, content, or policies of unrelated third-party websites.
Customers leaving the Second Wind website should review the policies of the destination website.
16. CHANGES TO THIS PRIVACY POLICY
Second Wind may modify this Privacy Policy as business operations, products, technology, regulations, or legal requirements change.
The most current version will be posted on the Second Wind website.
PART IV — SHIPPING & DELIVERY POLICY
1. ORDER PROCESSING
Second Wind works with manufacturers, suppliers, fulfillment providers, warehouses, and shipping carriers to process and deliver orders.
Some products may be manufactured, packaged, or fulfilled after an order is placed.
Processing times may vary based on product type, inventory availability, fulfillment provider, shipping destination, order volume, holidays, or other circumstances.
An order confirmation does not necessarily mean the order has shipped.
Customers will generally receive shipping or tracking information when available.
2. ESTIMATED DELIVERY TIMES
Any shipping or delivery date supplied by Second Wind, a fulfillment partner, ecommerce platform, or shipping carrier is an estimate unless expressly guaranteed in writing.
Second Wind cannot guarantee delivery on a particular date unless such guarantee is expressly provided.
Delivery may be affected by circumstances including:
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Carrier delays
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Weather
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Natural disasters
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Transportation interruptions
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Incorrect addresses
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Holidays
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High shipping volumes
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Customs issues
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Government actions
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Labor disruptions
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Product shortages
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Fulfillment delays
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Other circumstances outside Second Wind's reasonable control
3. THIRD-PARTY FULFILLMENT AND SPLIT SHIPMENTS
Second Wind may use third-party manufacturers and fulfillment companies to prepare and ship products directly to customers.
Products within the same order may:
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Ship from different locations
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Use different carriers
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Arrive in separate packages
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Arrive on different dates
Receiving separate packages does not necessarily mean part of the order is missing.
4. SHIPPING ADDRESSES
Customers are responsible for providing a complete and accurate shipping address.
Before submitting an order, confirm the recipient name, street address, apartment or unit number, city, state, ZIP code, and any other information required for successful delivery.
To the extent permitted by law, Second Wind may not be responsible for loss, delay, or additional cost caused by incorrect or incomplete information supplied by a customer.
If you notice an incorrect address after ordering, contact Second Wind immediately.
Second Wind will attempt to assist when possible, but address changes cannot be guaranteed once fulfillment has begun.
5. SHIPPING CONFIRMATION AND TRACKING
When available, customers may receive shipping confirmation and tracking information.
Tracking information is supplied by shipping carriers and may take time to update after a shipping label is generated.
Creation of a shipping label does not necessarily mean the carrier has physically received the package.
6. SHIPPING DELAYS
Second Wind will make reasonable efforts to facilitate customer orders but cannot control every part of the shipping process.
To the fullest extent permitted by applicable law, Second Wind is not responsible for carrier delays or delivery interruptions outside its reasonable control.
Customers experiencing a significant delay should contact Second Wind so available options can be reviewed.
7. LOST PACKAGES
If tracking indicates that a package has not arrived within a reasonable period, contact Second Wind Customer Care.
Second Wind may work with the fulfillment provider or shipping carrier to investigate.
Customers may be asked to provide the order number, shipping address, tracking number, or other information reasonably necessary to investigate the shipment.
Replacement or refund eligibility depends upon the circumstances and applicable Second Wind policies.
8. PACKAGES MARKED DELIVERED
Shipping carriers may occasionally mark a package as delivered before the customer locates it.
If tracking shows "delivered" but the package cannot be found, customers should first check:
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Around the delivery location
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With other household members
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With neighbors where appropriate
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With the shipping carrier
If the package remains missing, contact Second Wind.
Second Wind will review the circumstances but cannot guarantee replacement or reimbursement in every situation where a carrier confirms delivery.
9. DAMAGED PACKAGES
If a shipment arrives damaged, photograph the outer package, shipping label, damaged area, product container, and product itself.
Contact Second Wind as soon as reasonably possible.
Do not discard the product or packaging until Second Wind or the fulfillment provider confirms that it is no longer needed for review.
10. INCORRECT PRODUCTS
If you receive a product different from what you ordered, contact Second Wind.
Do not open or use an incorrect consumable product if you intend to request a replacement.
Second Wind may request photographs of the product, shipping label, or packing materials.
11. MISSING ITEMS
Because products may ship separately, review all tracking information before reporting an item missing.
If all shipments have been delivered and an item is still missing, contact Second Wind.
12. INTERNATIONAL SHIPPING
If Second Wind offers international shipping, customers may be responsible for customs duties, import taxes, brokerage fees, local taxes, regulatory restrictions, and other charges imposed by the destination country.
Products permitted for sale in the United States may not necessarily be permitted for import into every country.
Customers are responsible for understanding applicable import restrictions where required by law.
13. REFUSED OR UNDELIVERABLE PACKAGES
Packages may be returned because of incorrect addresses, unsuccessful delivery attempts, refusal by the recipient, failure to retrieve a package, or carrier restrictions.
Refunds or reshipment will be handled according to the circumstances and applicable policies.
Additional shipping charges may apply when a package must be reshipped because of incorrect information supplied by the customer.
14. CANCELLATION AFTER SHIPPING
Once an order has shipped, it generally cannot be canceled.
Customers should follow the applicable return or refund process after receiving the shipment.
15. PRODUCT CONDITION AFTER DELIVERY
Inspect delivered products before use.
Do not consume a product if its safety seal is broken, packaging appears tampered with, the product appears contaminated, the container is significantly damaged, or the product otherwise appears unsafe.
Contact Second Wind before using a questionable product.
PART V — PRODUCT SAFETY, RECALLS & ADVERSE EVENT REPORTING
1. YOUR SAFETY COMES FIRST
Second Wind takes product quality and customer safety seriously.
Always review the product label, ingredients, directions, serving recommendations, warnings, allergen information, and other safety information before using a product.
Always consult a physician, pharmacist, or other qualified healthcare professional before beginning or using any dietary supplement or wellness product, particularly if you take medications, use other supplements, have a medical condition, are pregnant or breastfeeding, are preparing for surgery, or have allergies or sensitivities.
2. REPORTING AN ADVERSE REACTION
If you believe you are experiencing an adverse reaction associated with a Second Wind product:
DISCONTINUE USE IMMEDIATELY AND CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL.
For serious or potentially life-threatening reactions, including difficulty breathing, severe swelling, loss of consciousness, seizure, severe chest pain, or other serious symptoms:
CALL 911 OR SEEK EMERGENCY MEDICAL CARE IMMEDIATELY.
Do not wait for a response from Second Wind before obtaining emergency medical treatment.
Reporting an incident to Second Wind does not replace professional medical treatment.
3. REPORTING THE INCIDENT TO SECOND WIND
Customers are encouraged to notify Second Wind of suspected adverse reactions, product defects, or safety concerns.
When reasonably possible, provide:
-
Your name and contact information
-
Product name
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Date of purchase
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Order number
-
Lot or batch number
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Expiration or best-by date
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Amount of product consumed
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Date and approximate time of use
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Description of the reaction or problem
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Other supplements or products used at the same time
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Photographs of the product or packaging where appropriate
You are not required to provide unnecessary confidential medical information.
Second Wind may request additional information reasonably necessary to investigate a concern or satisfy applicable reporting obligations.
4. KEEP THE PRODUCT AND PACKAGING
If you report a product problem or adverse reaction, do not immediately discard the product.
When reasonably possible, retain:
-
The product
-
Container
-
Label
-
Packaging
-
Safety seal
-
Shipping materials
-
Lot or batch information
-
Expiration information
-
Proof of purchase
These materials may assist Second Wind, a manufacturer, fulfillment provider, insurer, regulatory agency, or appropriate authority in investigating the matter.
5. PRODUCT QUALITY CONCERNS
Do not use a product if you observe a broken or missing safety seal, damaged container, evidence of tampering, unusual odor, unexpected color or appearance, foreign material, leaking packaging, labeling problem, damaged capsules or tablets, contamination, or any other condition suggesting the product may be compromised.
Contact Second Wind before using the product.
6. PRODUCT RECALLS
A manufacturer, supplier, distributor, retailer, or government authority may occasionally determine that a product should be recalled.
Possible reasons include:
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Product contamination
-
Labeling errors
-
Undeclared allergens
-
Ingredient concerns
-
Manufacturing issues
-
Packaging problems
-
Safety concerns
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Regulatory requirements
If a Second Wind product is subject to a recall or safety notice, Second Wind may provide notice using available communication methods, which may include email, website notice, customer-account notification, telephone, text message where authorized, or another appropriate method.
7. WHAT TO DO IF A PRODUCT IS RECALLED
If you receive a recall notice concerning a product you possess:
STOP USING THE PRODUCT IMMEDIATELY IF INSTRUCTED TO DO SO.
Follow all instructions contained in the recall notice.
Instructions may include:
-
Discontinuing use
-
Safely disposing of the product
-
Returning the product
-
Requesting a replacement
-
Requesting a refund
-
Contacting Second Wind for additional information
Do not continue using a recalled product simply because you previously used it without experiencing a problem.
8. CONTACT INFORMATION FOR SAFETY NOTICES
Customers are responsible for providing accurate contact information when making purchases.
Accurate email addresses, telephone numbers, mailing information, and other contact information may help Second Wind communicate important product or safety notices.
If customer contact information changes after an order, Second Wind may be unable to reach the customer concerning a later product notice.
9. MANUFACTURER, SUPPLIER, AND REGULATORY INVESTIGATIONS
When appropriate, Second Wind may provide relevant product information to manufacturers, suppliers, fulfillment providers, insurers, regulatory agencies, healthcare authorities, or other appropriate parties investigating a reported issue.
Personal information associated with such investigations will be handled according to applicable privacy requirements.
10. PRODUCT-SPECIFIC WARNINGS CONTROL
This document provides general information applying across Second Wind products and services.
Individual products may contain additional or more specific:
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Warnings
-
Ingredient restrictions
-
Allergen statements
-
Dosage requirements
-
Storage requirements
-
Caffeine or stimulant warnings
-
Safety precautions
Always read the individual product label.
If the product label contains a more specific warning, direction, or restriction, follow the product-specific information and consult a qualified healthcare professional with any questions.
WHEN IN DOUBT, DO NOT USE THE PRODUCT UNTIL YOU HAVE CONSULTED A QUALIFIED HEALTHCARE PROFESSIONAL.
FINAL ACKNOWLEDGMENT OF RESPONSIBILITY AND LIMITATION OF LIABILITY
BY PURCHASING, POSSESSING, OPENING, CONSUMING, USING, COMBINING, OR CONTINUING TO USE ANY SECOND WIND PRODUCT, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DECISION TO PURCHASE AND USE THE PRODUCT IS MADE VOLUNTARILY AND AT THE CUSTOMER'S OWN DISCRETION AND RESPONSIBILITY.
THE CUSTOMER ACCEPTS SOLE RESPONSIBILITY FOR DETERMINING WHETHER ANY SECOND WIND PRODUCT IS APPROPRIATE FOR THE CUSTOMER'S INDIVIDUAL CIRCUMSTANCES, INCLUDING THE CUSTOMER'S HEALTH, MEDICAL HISTORY, MEDICATIONS, ALLERGIES, SENSITIVITIES, DIET, USE OF OTHER SUPPLEMENTS, AND ANY OTHER FACTOR THAT MAY AFFECT THE CUSTOMER'S RESPONSE TO A PRODUCT.
The customer is responsible for reading and following all product labels, ingredient information, Supplement Facts or Nutrition Facts, directions, serving recommendations, warnings, allergen information, storage instructions, and other product-specific information, and for consulting a physician, pharmacist, or other qualified healthcare professional before using a dietary supplement or wellness product.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SECOND WIND, TOGETHER WITH ITS OWNERS, MEMBERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES, CONTRACTORS, MANUFACTURERS, SUPPLIERS, DISTRIBUTORS, FULFILLMENT PROVIDERS, SERVICE PROVIDERS, SHIPPING PARTNERS, AND OTHER ASSOCIATED PARTIES, SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INJURY, ILLNESS, ADVERSE REACTION, LOSS, DAMAGE, COST, EXPENSE, CLAIM, OR OTHER CONSEQUENCE ARISING OUT OF OR RELATING TO THE PURCHASE, POSSESSION, STORAGE, HANDLING, CONSUMPTION, COMBINATION, USE, MISUSE, OR DISPOSAL OF ANY SECOND WIND PRODUCT.
THE CUSTOMER VOLUNTARILY ASSUMES THE RISKS ASSOCIATED WITH PURCHASING AND USING SECOND WIND PRODUCTS AND ACCEPTS RESPONSIBILITY FOR THE CUSTOMER'S OWN DECISIONS AND ACTIONS REGARDING SUCH PRODUCTS.
This includes, without limitation, responsibility for consequences arising from:
- Failure to read or follow product directions or warnings
- Exceeding the recommended serving or dosage
- Combining products, supplements, medications, caffeine, stimulants, or other substances
- Using a product despite a known or suspected medical condition, allergy, or sensitivity
- Using a product during pregnancy or breastfeeding without appropriate professional consultation
- Failing to consult an appropriate healthcare professional
- Failing to inform a healthcare professional about supplement use
- Improper storage, handling, alteration, or misuse
- Using an expired, damaged, contaminated, improperly sealed, or tampered product
- Continuing to use a product after experiencing an adverse or unexpected reaction
- Any individual reaction or result that differs from another customer's experience
PURCHASING OR USING A SECOND WIND PRODUCT DOES NOT CONSTITUTE A GUARANTEE BY SECOND WIND THAT THE PRODUCT IS APPROPRIATE FOR A PARTICULAR INDIVIDUAL OR THAT ANY PARTICULAR RESULT WILL OCCUR.
THE CUSTOMER ACKNOWLEDGES THAT SECOND WIND CANNOT KNOW OR EVALUATE EVERY CUSTOMER'S INDIVIDUAL HEALTH, MEDICAL, DIETARY, OR PERSONAL CIRCUMSTANCES AND THEREFORE CANNOT ACCEPT RESPONSIBILITY FOR A CUSTOMER'S INDIVIDUAL DECISION TO PURCHASE OR USE A PRODUCT.
NOTHING IN THIS ACKNOWLEDGMENT IS INTENDED TO DISCLAIM, EXCLUDE, RELEASE, OR LIMIT ANY LIABILITY OR LEGAL RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED, EXCLUDED, RELEASED, OR LIMITED UNDER APPLICABLE LAW.
BY PURCHASING OR USING A SECOND WIND PRODUCT, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THEY ASSUME RESPONSIBILITY FOR THEIR DECISION TO PURCHASE AND USE THE PRODUCT.
IMPORTANT FINAL PRODUCT WARNING
ALWAYS CONSULT YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BEFORE PURCHASING, BEGINNING, USING, COMBINING, CHANGING, OR CONTINUING ANY DIETARY SUPPLEMENT OR WELLNESS PRODUCT.
DO NOT EXCEED THE RECOMMENDED SERVING OR DOSAGE.
UNLESS EXPRESSLY STATED OTHERWISE ON THE INDIVIDUAL PRODUCT LABEL, SECOND WIND DIETARY SUPPLEMENTS AND SIMILAR WELLNESS PRODUCTS ARE INTENDED FOR ADULTS AGE 18 AND OLDER.
CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE USE IF YOU ARE PREGNANT, NURSING, TRYING TO BECOME PREGNANT, TAKING PRESCRIPTION OR OVER-THE-COUNTER MEDICATIONS, USING OTHER SUPPLEMENTS, HAVE A MEDICAL CONDITION, ARE SCHEDULED FOR SURGERY OR ANOTHER MEDICAL PROCEDURE, HAVE ALLERGIES OR INGREDIENT SENSITIVITIES, OR ARE SENSITIVE TO CAFFEINE OR OTHER STIMULANTS.
DISCONTINUE USE IMMEDIATELY AND SEEK PROFESSIONAL MEDICAL ADVICE IF YOU EXPERIENCE AN ADVERSE OR UNEXPECTED REACTION. SEEK IMMEDIATE EMERGENCY MEDICAL CARE FOR A SERIOUS OR LIFE-THREATENING REACTION.
KEEP PRODUCTS OUT OF REACH OF CHILDREN AND PETS.
DO NOT USE A PRODUCT IF ITS SAFETY SEAL, TAMPER-EVIDENT PACKAGING, CONTAINER, OR PACKAGE IS DAMAGED, ALTERED, BROKEN, MISSING, CONTAMINATED, OR APPEARS TO HAVE BEEN TAMPERED WITH.
INDIVIDUAL RESULTS AND REACTIONS MAY VARY.
SECOND WIND PRODUCTS ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, PRESCRIPTION MEDICATIONS, A BALANCED DIET, OR TREATMENT RECOMMENDED BY A QUALIFIED HEALTHCARE PROFESSIONAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECOND WIND ASSUMES NO LIABILITY FOR A CUSTOMER'S VOLUNTARY DECISION TO PURCHASE, CONSUME, COMBINE, MISUSE, OR USE A SECOND WIND PRODUCT, INCLUDING USE CONTRARY TO PRODUCT DIRECTIONS, WARNINGS, OR PROFESSIONAL MEDICAL ADVICE. NOTHING IN THIS PROVISION WAIVES LIABILITY OR LEGAL RIGHTS THAT CANNOT LAWFULLY BE WAIVED OR LIMITED.
FOR DIETARY SUPPLEMENTS: THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
LEGAL NOTICE, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY
By accessing this website, purchasing any product from Second Wind LLC, or using any product sold, distributed, promoted, or made available through Second Wind LLC, you acknowledge and agree to the following terms.
LLC AND OWNER PROTECTION
Second Wind LLC is a limited liability company. All products, services, website content, communications, transactions, and business activities are provided solely by or through Second Wind LLC.
To the fullest extent permitted by applicable law, the owner, member, manager, officers, employees, representatives, agents, contractors, affiliates, suppliers, manufacturers, distributors, and service providers of Second Wind LLC shall not be personally liable for any debt, obligation, claim, loss, injury, damage, expense, or other liability arising from or relating to the business, its website, its products, its services, or a customer's use or misuse of any product.
Any claim arising from a transaction with Second Wind LLC shall be made against Second Wind LLC and not individually against its owner, member, manager, officers, employees, representatives, or agents, except to the extent otherwise required by applicable law.
ASSUMPTION OF RISK
By purchasing or using any product offered by Second Wind LLC, the purchaser and user voluntarily assumes all risks associated with the purchase, possession, consumption, application, or use of the product.
Each customer is solely responsible for determining whether a product is appropriate for them and for using all products according to the manufacturer's directions, warnings, recommended serving sizes, instructions, and applicable medical guidance.
MEDICAL AND HEALTH DISCLAIMER
Products and information offered by Second Wind LLC are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Information provided on this website or through any communication from Second Wind LLC is for general informational purposes only and is not medical advice.
Customers should consult a physician or other qualified healthcare professional before beginning any dietary supplement, nutritional product, wellness product, or other health-related product, particularly if they:
-
Have an existing medical condition;
-
Are taking prescription or over-the-counter medications;
-
Are pregnant, nursing, or attempting to become pregnant;
-
Are under the care of a physician;
-
Have allergies or sensitivities;
-
Are sensitive to caffeine, stimulants, herbs, or other ingredients; or
-
Have questions or concerns regarding whether a product is appropriate for them.
Never disregard professional medical advice or delay seeking medical treatment because of information found on this website.
NO GUARANTEE OF RESULTS
Individual results vary. Second Wind LLC makes no guarantee or representation concerning the specific results that any customer will experience from any product.
Testimonials, reviews, product descriptions, marketing materials, or statements regarding potential benefits describe individual experiences or general product characteristics and are not guarantees that any particular customer will experience the same results.
MANUFACTURER AND THIRD-PARTY PRODUCTS
Certain products offered by Second Wind LLC may be manufactured, formulated, packaged, fulfilled, shipped, or otherwise supplied by independent third parties.
To the fullest extent permitted by law, Second Wind LLC and its owner, member, manager, officers, employees, agents, and representatives shall not be personally responsible for the acts, omissions, manufacturing processes, formulation changes, contamination, packaging errors, shipping errors, ingredient sourcing, labeling errors, or other conduct of independent manufacturers, suppliers, fulfillment providers, shipping companies, payment processors, or other third parties.
Nothing in this provision limits any rights a consumer may have that cannot legally be waived.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECOND WIND LLC AND ITS OWNER, MEMBER, MANAGER, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:
THE PURCHASE OR USE OF ANY PRODUCT;
THE MISUSE OR OVERUSE OF ANY PRODUCT;
FAILURE TO FOLLOW PRODUCT DIRECTIONS OR WARNINGS;
ALLERGIC OR ADVERSE REACTIONS;
INTERACTIONS WITH MEDICATIONS, MEDICAL CONDITIONS, OTHER SUPPLEMENTS, FOOD, CAFFEINE, OR OTHER SUBSTANCES;
RELIANCE UPON INFORMATION PROVIDED ON THIS WEBSITE;
DELAYS, INTERRUPTIONS, ERRORS, OR THIRD-PARTY SERVICES; OR
ANY OTHER USE OF A PRODUCT OR SERVICE OFFERED THROUGH SECOND WIND LLC.
THE CUSTOMER ACCEPTS RESPONSIBILITY FOR HIS OR HER DECISION TO PURCHASE AND USE ANY PRODUCT.
Nothing contained in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable federal, state, or local law.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Second Wind LLC and its owner, member, manager, officers, employees, representatives, agents, contractors, and affiliates from claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting from your unlawful conduct, misuse of a product, violation of these Terms, or violation of another person's rights.
CUSTOMER RESPONSIBILITY
By purchasing a product, the customer acknowledges that the customer has had the opportunity to review the product ingredients, warnings, directions, recommended serving size, and other available information before use.
The purchaser accepts responsibility for making an informed decision regarding whether to purchase and use the product and agrees not to exceed the manufacturer's recommended dosage or use instructions.
WEBSITE INFORMATION
Although Second Wind LLC attempts to provide accurate and current information, product descriptions, ingredients, packaging, pricing, availability, specifications, photographs, and other information may occasionally contain errors or may change without notice.
The actual product packaging, label, warnings, and manufacturer's instructions should always be reviewed before use.
SEVERABILITY
If any provision of this Legal Notice or the accompanying Terms and Conditions is determined to be invalid, illegal, or unenforceable, that provision shall be limited or modified only to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
GOVERNING LAW
To the extent permitted by applicable law, these Terms and any dispute involving Second Wind LLC shall be governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
ACKNOWLEDGMENT
BY ACCESSING THIS WEBSITE, PLACING AN ORDER, OR PURCHASING OR USING A PRODUCT FROM SECOND WIND LLC, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS LEGAL NOTICE, THE TERMS AND CONDITIONS, PRODUCT WARNINGS, AND OTHER POLICIES PROVIDED BY SECOND WIND LLC.
YOU FURTHER ACKNOWLEDGE THAT YOUR DECISION TO PURCHASE OR USE A PRODUCT IS VOLUNTARY AND THAT YOU ARE RESPONSIBLE FOR CONSULTING AN APPROPRIATE HEALTHCARE PROFESSIONAL WHEN NECESSARY.
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