Terms & Conditions

Updated and effective: July 14, 2025

These Terms and Conditions (“Terms”) apply to the website (the “Site”) operated by The Air Lab, Inc. d/b/a Windmill (“Windmill”, “we”, “us”, or the “Company”) where these Terms are posted. Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you should discontinue use of the Site. If you have any questions about these Terms, please contact us at support@windmillair.com.

We provide the Site in order to enable you to learn about and browse Windmill air products (collectively, the “Products”). The Products may only be available in limited quantities during calendar year 2020 and thereafter.

ELIGIBILITY

No part of the Site is directed to persons under the age of majority in their place of residence (18 in most states). IF YOU ARE A MINOR, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.

If you are using the Site on behalf of a company, entity or organization (collectively, “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

INTELLECTUAL PROPERTY

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site and all Content on this Site are either the property of Windmill or our licensors. Unless otherwise noted, all Content included on this Site, including images, illustrations, designs, icons, photographs, video clips software, data, information, and other materials is the property of Windmill or its licensors, partners or affiliates and is protected by United States and international copyright and trademark laws. The compilation of this Site is the exclusive property of Windmill and is protected by United States and international intellectual property laws. Any unauthorized use of any Content or Marks is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the Content and Marks only with our prior written and express authorization.

LIMITED LICENSE AND SITE ACCESS

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site, any Content, or the Marks; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Content not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser); (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the Site or to collect any information from the Site or any other user of the Site.

ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS

You represent and warrant that the information you provide to Windmill through the Site will be true, accurate, current, and complete.

To facilitate purchases on the Site, we may require you to create an account. If you do create an account, your account is personal to you, and you should not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.

PROMOTIONAL ACTIVITIES

From time to time, Windmill may offer promotional benefits to individuals in accordance with parameters and rules determined by Windmill in its sole discretion, such as free product or price discounts. These benefits may be redeemable towards a purchase of product on the Site, subject to both product availability and to certain merchandise exclusions or any other restrictions as may be determined and communicated by Windmill in its sole discretion. These benefits cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed.

From time to time, Windmill may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Windmill for their statements.

FEEDBACK

We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will: (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

CONTENT YOU SUBMIT TO WINDMILL

From time to time, Windmill may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “User-Generated Content”). We welcome your comments regarding our Products and services, including our Site. However, any User-Generated Content you submit to Windmill must be original, must not infringe on another party’s intellectual property, proprietary, or other rights, and must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By posting any User-Generated Content on the Site, you hereby grant Windmill an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User-Generated Content you post to the Site, for any purpose, including promoting and marketing Windmill and the Products. You further grant Windmill a royalty-free license to use the name, image, and likeness of any person identifiable in any User-Generated Content you post to the Site. By posting any User-Generated Content, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your User-Generated Content. Except for Content provided to you by Windmill through the Site, you represent, warrant, and covenant that (a) you either are the sole and exclusive owner of User-Generated Content that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Windmill the rights in your User-Generated Content as contemplated under the Terms, and (b) the User-Generated Content you post to the Site do not (i) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (ii) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); (iii) require Windmill to obtain any licenses from or make any payments in any amounts to any third party throughout the world; or (iv) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Windmill assumes no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any User-Generated Content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Windmill has no obligation to display or post any User-Generated Content. Windmill, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

ELECTRONIC COMMUNICATION POLICY

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

We also use technology from our third-party service providers to collect user chat data, which generates a transcript of your communication with us after our conversation has concluded. The technology we use to collect user chat data records the contents of your communications with us. By accessing or using the chat feature, you expressly consent to the collection, recording, and use of the contents of your communications with us and any authorized third-party service providers acting on our behalf.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Windmill a “Notification of Claimed Infringement” requesting that the material be removed or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);

Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Windmill to locate the material on the Site;

Your name, address, telephone number, and e-mail address (if available);

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Windmill a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to support@windmillair.com.

LINKS TO OTHER WEBSITES

The Site may include links to third party websites not owned by Windmill. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites s. You assume all risk and we disclaim all liability arising from your use of them. Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

USE OF THE SITE

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:

attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
frame or link to the Site without permission;
use data mining, robots, or other data gathering devices on or through the Site;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Windmill or others; or
access the Site from a jurisdiction where it is illegal or unauthorized.

DISCLAIMER

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You hereby release Windmill of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.

We make no representations about accuracy, reliability, completeness, or timeliness of any Content. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.

“Released Parties” include The Air Lab, Inc. and its affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK, AND THE SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (b) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WINDMILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (e) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (f) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF WINDMILL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Windmill Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.

INDEMNITY

You agree to indemnify and hold The Air Lab, Inc. d/b/a Windmill, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Site (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

ASSIGNMENT

We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

CHOICE OF LAW; ARBITRATION

These Terms and the relationship between you and Windmill are governed by and will be construed under the laws of the State of New York without regard to the conflicts of laws provisions thereof. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.

Any dispute arising from or relating to the subject matter of these Terms or arising from or relating to your use of Windmill’s website (“Dispute”) shall be resolved through binding arbitration, except that either of us may take a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction. You and Windmill each agree to the fullest extent permitted by law to arbitrate Disputes through binding arbitration in New York County, New York, in English, in accordance with the JAMS Arbitration Rules and Procedures then in effect (including where applicable JAMS Mass Arbitration Rules and Procedures), by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK.

Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION (“Class Action Waiver”). As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned. You and Windmill agree that the Federal Arbitration Act (“FAA”) governs this agreement to arbitration. For purposes of this agreement to arbitrate, a Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this agreement to arbitrate as well as claims that may arise after the termination of this agreement to arbitrate.

Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim and setting forth the specific relief sought (“Notice”). All Notices to Windmill must be sent to the following address: Windmill, 108 Leonard Street Apt 2B, New York, NY 10013. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the claim against it by fully curing the claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Windmill may commence an arbitration proceeding. Unless otherwise agreed to by you and Windmill in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the FAA. You and Windmill agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of New York, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at https://www.jamsadr.com/.

To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.

If the party initiating the arbitration is represented by an attorney, the arbitration demand must also be signed by both the claimant and the attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry, that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 against any represented party and their counsel. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.

Batch/Mass Arbitrations. To increase the efficiency of administration and resolution of arbitrations, You and Windmill agree that if there are twenty five (25) or more similar arbitration demands brought against either party by or with the assistance of the same law firm, group of law firms, or organizations within a sixty (60) day period (“Mass Filing”), the parties shall proceed as follows:

The parties shall select ten (10) individual arbitration demands (five (5) per side) for arbitration to proceed as part of a first stage, which will be filed with and proceed to be handled in individual arbitrations (“First Stage Requests”). Each First Stage Request will be assigned to a different, single, arbitrator. Only those ten (10) arbitration demands shall be filed with the arbitration provider, and no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If any of the ten First Stage Requests are withdrawn before the conclusion of its individual arbitration, another demand for arbitration will be chosen by the arbitration provider to replace the withdrawn First Stage Request. Upon completion of this first stage, all Parties will initiate a global mediation session for all of the demands that are not part of the First Stage Requests (“First Stage Remaining Requests”). The global mediation will act as a stay of the arbitration proceedings.
If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within thirty (30) calendar days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall proceed as follows: (A) the parties shall cooperate to group the arbitration demands into randomized batches of 100 demands per batch (except that if fewer than 100 arbitration demands remain, those demands shall be grouped into a final batch of less than 100 demands); (B) claimants’ counsel shall organize and present the batched demands to JAMS in a format as directed by the arbitration provider; (C) the arbitration provider shall provide for resolution of each batch as a single arbitration with one set of filings and administrative fees and one arbitrator assigned per batch; and (D) the arbitration provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch.

All parties agree that “similar arbitration demands” are demands that arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. You and Windmill agree that JAMS’ Mass Arbitration Procedures and Guidelines apply in all Mass Filings, including any related fee schedule. JAMS’ Mass Arbitration Procedures and Guidelines can be obtained from JAMS or by visiting its website (https://www.jamsadr.com/mass-arbitration-procedures). You agree to cooperate in good faith with Windmill and JAMS to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this Section. Notwithstanding any provision in this Section to the contrary, batch arbitrations shall take place in New York County, New York or, if the parties prefer, by video conference. The parties may also agree to conducting arbitration based on written submissions alone. If Your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations), and any filing fee deadlines, shall be tolled for Your Dispute from the time that Your Dispute is first submitted to JAMS until Your Dispute is selected for resolution.

Opt-out of Arbitration: You may elect to exclude yourself from the agreement to arbitrate by sending a letter (an “Opt-Out Notice”) to: Windmill, 108 Leonard Street Apt 2B, New York, NY 10013; Attention: General Counsel: Arbitration Opt-Out. The Opt-Out Notice must include (1) your first and last name; (2) your postal mailing address; (3) phone number; (4) email address; and (5) a clear statement that you do not wish to resolve disputes with Windmill through arbitration. The Opt-Out Notice must be received no later than thirty (30) days after the start of the Windmill Service relating to the Dispute. You must submit a separate Opt-Out Notice for each of your Services. All other terms of this these Terms will continue to apply to your purchase and use of the Services, including the Class Action Waiver and the Governing Law sections, herein.

Decline changes to Arbitration Agreement: You may reject revisions or changes to this agreement to arbitrate within thirty (30) calendar days of the changed arbitration terms by sending a letter (“Rejection Notice”) to Windmill, 108 Leonard Street Apt 2B, New York, NY 10013; Attention: General Counsel: Decline Changes to arbitration agreement. By sending a Rejection Notice, you indicate your rejection of all revisions or changes made to this agreement to arbitrate made effective on a specified day; you cannot choose to reject only some changes but not others. Your Rejection Notice must be individualized. A Rejection Notice that purports to opt out multiple parties will be invalid as to all such parties. No individual (or their agent or representative) may effectuate an opt out on behalf of other individuals. Your Rejection Notice must include (1) your first and last name; (2) your postal mailing address; (3) phone number; (4) email address; (5) the effective date of the revisions or changes you wish to reject; and (6) an unequivocal statement that you decline the changes to the agreement to arbitrate made effective on that date. Should you decide to reject revisions or changes to this agreement to arbitrate, you will remain bound by any prior agreement to arbitrate between you and Windmill. Opting out of any changes to the agreement to arbitrate has no effect on any other arbitration agreements that you may enter into in the future with us.

TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.windmillair.com website, by sending you an email, and/or by some other means.

If you use the Services after we change the Terms, you then agree to all of the changes.

WAIVER

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

SEVERABILITY

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

ENTIRE AGREEMENT

These Terms incorporate by reference the Privacy Policy (https://windmillair.com/pages/privacy), the Terms of Sale (https://windmillair.com/pages/terms-of-sale), the below Windmill Eco Rewards Program Policy, and any other terms or policies that we may post at this website from time to time. The foregoing constitute the entire agreement between the user and Windmill with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

WINDMILL ECO REWARDS PROGRAM POLICY

The following Terms and Conditions relate specifically to the Windmill Eco Rewards Program (“Program”) and govern your participation in the Program for all years for which it is in effect.

If you enroll in the program, you will be accepting these Terms and Conditions along with any additional terms presented during enrollment.

I understand that I am enrolling or have enrolled in the Program. I have one or more Wi-Fi-enabled Room Air Conditioners from Windmill (“Wi-Fi RACs”), and a computer, phone, or device with access to the Internet through a Wi-Fi connection.
Depending on the model and manufacturing year of my Wi-Fi RAC, I understand that I and my Wi-Fi RAC(s) may or may not be eligible to participate. I also understand that I must have downloaded the ‘Windmill Air’ app, created an account, and connected my Wi-Fi RAC(s) to that account. By participating in the Program, I will enroll, am enrolling, or have enrolled at least one (1) Wi-Fi RAC in the Program. My participation in the Program may be rewarded with cash, non-cash rewards, or other incentives as described herein and at future dates by the Company.
I understand that the Program enables the Company to reduce the overall energy or power demand during peak periods (generally speaking, but not limited to, May 1 through September 30), typically on weekdays when people tend to use the most electricity to cool their spaces. The Company expects to have at least three (3) and as many as fifteen (15) “Conservation Events” or “Events” each year, each lasting for up to four (4) hours, but it could more or less. The timing, number, and length of Events may vary from year to year, at the sole discretion of the Company and its service partners. I understand that I may be notified of an Event the day before it occurs, but also understand that the Company may initiate Events without notifying me, especially in the case of electric grid emergencies.
I understand that during an Event, the Company will remotely change the settings of my Wi-Fi RAC, including but not limited to, how often my room air conditioner turns on and off, the temperature setpoints of my room air conditioner(s) such that they turn on and off at a slightly higher temperature, etc. The Program’s goal is to reduce my overall energy or power use during periods of peak demand while continuing to keep my space comfortable. I understand that I may opt out of (i.e., not participate in) any Event, but doing so may preclude my ability to earn incentives.
I understand that it is my overall responsibility to manage my electricity consumption for my Wi-Fi RAC(s) and all of the other energy-using devices in my home or small business (both during Events and outside of Events), including any charges that I may incur for such use.
I understand that the Company may share Information about the use and operation of my Wi-Fi RAC(s) with other partners or service providers (“Partners”), but only as necessary for the execution of Conservation Events and administration of the Program or if compelled by law to do so. "Information" includes but is not limited to, energy or power use data, the dates and times when Events occurred, whether or not I participated in the Events, etc. Any Partners may be disclosed to me at the time I authorize the sharing of my home meter data.
In accordance with Section 2C(B)(1) of the Uniform Business Practices for Distributed Energy Resource Suppliers (UBP-DERS) of the State of New York Public Service Commission, by submitting an application to enroll in the Program, I authorize the Company to:

- Collect information that I submit as a part of my application for the Program, which will include my contact information, as well as utility account number; and

- Disclose this information to other Partners for use in connection with administering the Program and sending me emails and other notifications, as described herein.
This authorization shall be valid until the expiration of the Program. If I am automatically re-enrolled in the Program as described below, this authorization will remain valid through the end of the then-current Program period.
Unless the Company or its Partners are prohibited by law from doing so, they will use reasonable efforts to provide me with written notice of any requirement that they disclose my individual Information before they disclose the Information, so that I may seek a protective order or other appropriate remedy.
I understand that my individual Information will not be made available publicly by the Company or any Partners, but it will be grouped and analyzed anonymously along with Information from other Program participants, and the anonymous, aggregated results may be made public.
I will maintain an account with the company that presently provides my Wi-Fi Internet connection, or with another provider of a Wi-Fi connection, throughout my participation in the Program.
I will answer all questions and surveys that the Company presents to me, to the best of my ability, during my participation in the Program.
If my Wi-Fi RAC(s) are not connected to the Company’s app through Wi-Fi, I may be contacted by the Company (by phone, email, text, or other means) to have my account activated, or otherwise troubleshoot my equipment. If I have a problem with my Wi-Fi RAC(s), I will promptly notify the Company’s customer experience team at support@windmillair.com.
I provide my express consent to receive Text/Call Alerts from the Company at the telephone number provided (which calls/texts may be auto-dialed and/or use artificial or pre-recorded voices). I understand that my consent to receive Text/Call Alerts and other texts/calls is not required in order to obtain access to the Program and/or rewards. Standard Messaging & Data Rates may apply. You may stop or cancel text messages according to the instructions provided via text.
If I have any questions about the Program or the operation of any of the Wi-Fi RAC(s), I will reach out to the Company’s customer experience team at support@windmillair.com.
If at any time I decide to not participate in the Program, or if I plan to terminate my utility account or move from my current address to a location outside the utility’s service territory, I will contact the Company’s customer experience team at support@windmillair.com. I understand that I may forfeit my eligibility to participate in the Program or to receive and/or redeem rewards in the discretion of the Company.
I understand that if I do not notify the Company’s customer experience team that I no longer wish to participate in the Program, my enrollment will automatically continue during subsequent Program periods and years under these Terms and Conditions, unless the Company adopts new Terms and Conditions. I further understand that the Company may change or discontinue the Program at any time. (For more information regarding changes to or termination of the Program, see “Modifications and Termination of the Program” below).
I understand that if I enroll in the Program and successfully connect all of my Wi-Fi RACs so that they are communicating energy or power data to the Company servers for the duration of the Program, I will be eligible to receive cash, non-cash rewards, or other incentives as determined by the Company in its sole discretion. The confirmation of whether my device is communicating energy or power data to the Company servers is at the sole discretion of the Company or its Partners. It is expected that I will participate in all Conservation Events initiated by the Company.
I understand that in order to be eligible for any incentives or rewards, I must set up my Wi-Fi RACs so that they are actively reporting my air conditioner’s energy or power usage data to the Company.
The Company may elect to terminate the Program at any time, for any reason. Announcement of any Program termination, and notification of any changes to these terms and conditions, will be made either by email message, in-app message, a posting on the Company website located at windmillair.com, or an update to the Company’s End User License Agreement in its app. Any changes to these Terms and Conditions will be effective immediately upon such notice, and my participation in the Program constitutes acceptance of any such changes.
The Company reserves the right to terminate the participation of anyone who engages in any fraudulent activity or actions in violation of the terms and conditions of this Program. Termination may result in disqualification of eligibility to receive rewards and/or any other incentives for participation in the Program.
The Company is not responsible for incorrect or inaccurate transcription of information, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the website or online service, or for any other technical or non-technical error or malfunction. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, ITS PARTNERS, OR ANY OF THEIR RESPECTIVE RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, TRUSTEES, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, "RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM, I WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND THREE (3) MONTHS AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
These Terms and Conditions, together with any terms and conditions, authorizations, or consents I accept when enrolling in the Program, constitute the entire agreement between me and the Company (and any of Company’s service providers or partners) pertaining to the subject matter hereof. No waiver of any of the provisions of these Terms and Conditions shall be deemed or constitute a waiver of any other provisions hereof (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.