Welcome to Second Wind Social (“SWS,” “we,” “us,” or “our”). These Terms of Service (“TOS”) govern your use of our website, mobile apps, and related services (collectively, the “Services”). By registering for an account or otherwise accessing the Services, you agree to these TOS in full. If you do not agree, please do not use the Services.
1. Acceptance of Terms
By accessing or using SWS, you enter into a binding agreement with us. These TOS constitute a legally enforceable contract between you and SWS. If you’re under 55, or unable to form such a contract, you may not use our Services.
2. Eligibility & Account Registration
- Age Requirement: You must be at least 55 years old.
- Accurate Information: You agree to provide truthful, up‑to‑date data during registration and to maintain that accuracy.
- Account Security: You’re responsible for safeguarding your password and all activity under your account.
3. Modifications to Terms
We may update these TOS at any time. We’ll post the revised Effective Date here and notify you via email or in‑app announcement if changes materially affect your rights. Continued use after updates constitutes acceptance of the new terms.
4. Description of Services
SWS offers:
- Community Platform: Profile creation, affinity matching, group discussions, events, and content sharing.
- Marketplace (future module): A multivendor platform for members to buy and sell goods or services.
- Resource Directory (future module): A curated list of third‑party resources and service providers.
- Additional Features: Private messaging, notifications, learning modules, and more.
5. User Conduct & Community Standards
You agree to abide by our Code of Conduct:
- Respect & Civility: No harassment, hate speech, or defamatory content.
- Authenticity: No impersonation, bots, or fake identities.
- No Spam: Unsolicited advertising or phishing is prohibited.
- Legal Compliance: You will not post illegal content or violate others’ rights.
Violations may result in warnings, suspension, or account termination.
6. Content Ownership & License
- Your Content: You retain all copyright to Content you post.
- License to SWS: You grant us a worldwide, royalty‑free, sublicensable license to host, use, reproduce, and distribute your Content within the Services.
- User‑to‑User Sharing: Other members may view and interact with your public or member‑only Content, according to your privacy settings.
7. Privacy & Data Use
We respect your privacy. Please see our Privacy & Data Use document for full details. In brief: your data stays in‑house, never sold to advertisers, and used solely to foster genuine member‑to‑member connections and personalized recommendations.
8. Marketplace Terms (Module)
Effective upon launch: Vendor eligibility, listing guidelines, transaction fees, fulfillment obligations, returns & refunds, and dispute resolution. We will notify you when this section becomes active.
9. Resource Directory Terms (Module)
Effective upon launch: Listing requirements, content accuracy, liability disclaimers, and removal procedures for third‑party resources and service providers.
10. Subscription & Fees
- Free Membership: Core community features are free.
- Paid Features: Certain marketplace transactions or premium offerings may incur fees; such fees will be disclosed prior to purchase.
- Refunds: Refund policies will be specified on relevant payment pages.
11. Termination & Suspension
- By You: Close your account at any time; your data will be deleted per our Data Deletion policy.
- By Us: We may suspend or terminate accounts for TOS violations or legal requirements, with or without notice.
12. Disclaimers & Limitation of Liability
- “As‑Is” Services: We provide the Services without warranties of any kind.
- Liability Cap: To the fullest extent permitted by law, our liability is limited to the amount you paid us in the past 12 months—or $50 if you paid nothing.
- No Indirect Damages: We disclaim liability for lost profits, data, or other consequential damages.
13. Indemnification
You agree to defend, indemnify, and hold SWS harmless from any claims or losses arising from your Content, your use of the Services, or your violation of these TOS.
14. Dispute Resolution & Governing Law
- Governing Law: California law, without regard to conflict‑of‑law principles.
- Arbitration: Any dispute will be resolved by binding arbitration under the American Arbitration Association rules. You waive the right to a jury trial.
15. Miscellaneous
- Force Majeure: We’re not liable for delays caused by events beyond our control.
- Severability: If any provision is invalid, the remainder of these TOS remain in force.
- Entire Agreement: These TOS, together with Privacy & Data Use, constitute our entire agreement regarding the Services.
16. Contact Us
Questions or concerns? Email our Data Stewardship & Community Care team at
[email protected]
Thank you for being part of Second Wind Social—where authentic connection always comes first.
Last updated: May 7, 2025
