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Terms of Use

Last Updated: January 24, 2025

Welcome to winguys.com. This website (referred to as the “Website”) is the property of WinGuys, LLC. By using the Website, you agree to comply with these Terms of Use, our Privacy Notice, and all other applicable rules, policies, pricing schedules, and supplemental terms that may be published periodically. All such rules and policies are incorporated into these Terms by this reference.

Please be aware that these Terms include important limitations on representations and warranties, and provisions for dispute resolution that you should review carefully. BEFORE YOU CONTINUE USING OUR WEBSITE, MAKE SURE YOU READ THESE TERMS THOROUGHLY. YOUR ACCESS TO AND USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.

The Terms specify that disputes will be resolved by mandatory arbitration, and you will not have the right to go to court or have a jury trial. You also waive any right to participate in class actions. Arbitration involves a different process than court and typically limits discovery and appellate review. Please review these provisions carefully.

6. Code of Conduct.

1. You are prohibited from posting or transmitting any violent, nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content through the Website.
2. You are responsible for any actions that occur under your account and you agree not to sell, transfer, license, or assign your account, followers, username, or any account rights. Except for those expressly authorized to create accounts on behalf of their employers or clients, you agree not to create an account for anyone other than yourself. You also affirm that all information you provide to the Company at registration and at all other times will be truthful, accurate, current, and complete, and you commit to updating your information to keep it accurate.
3. The creation of accounts via unauthorized methods, such as automated devices, scripts, bots, spiders, crawlers, or scrapers, is forbidden.
4. You must not solicit, collect, or use the login credentials of other users of the Website.
5. You must not engage in any behavior on the Website that could defame, abuse, harass, stalk, threaten, or otherwise infringe on the legal rights of others, including their rights to privacy or publicity, nor may you harvest or collect personally identifiable information about other users.
6. You must use the Website only for lawful purposes and agree to adhere to all applicable laws, rules, and regulations related to your use of the Website, including intellectual property laws.
7. You are solely responsible for your behavior on the Website and for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials that you submit, post, or display on or through the Website.
8. You must not interfere with or disrupt the Website or any servers or networks connected to the Website services, nor may you transmit any worms, viruses, spyware, malware, or any other harmful or disruptive code.
9. The use of any robots, spiders, website search/retrieval applications, or other devices, whether manual or automated, to retrieve, index, “scrape,” “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent is prohibited. However, we do grant permission to public search engine operators to use spiders for the purpose of creating publicly available searchable indices of the materials on our Website.
10. You must not restrict or inhibit anyone’s use or enjoyment of the Website (including by hacking or defacing any portion of the Website).
11. You must not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any part of the Website, or access to the Website.
12. Except as permitted by law, you must not modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Website.
13. You must not remove any copyright, trademark, or other proprietary notices from the Website or any materials obtained from the Website.
14. Framing or mirroring any part of the Website without our express prior written consent is prohibited.You must not create a database by systematically downloading and storing Website content.

7. Registration; Usernames and Passwords. On certain parts of the Website, registration may be required to access specific services or areas. We reserve the right to refuse any username (or email address) that infringes on the intellectual property rights of others, is deemed offensive, or is otherwise unacceptable at our sole discretion. Your username and password are intended solely for your personal use and should not be used by anyone else.

You are responsible for keeping your password confidential and agree not to share or transfer your username or password, or lend or otherwise transfer your access to the Website, to any third party. You are solely accountable for all activities that occur under your account. You must promptly inform us of any unauthorized use of your username or password or any other security breach related to your account. Additionally, you are expected to log off from your account at the end of each session to prevent unauthorized use. We are not responsible for any loss or damage resulting from your failure to safeguard your login information and comply with these conditions.

8. Feedback and Suggestions. If you provide any feedback or suggestions to us regarding the Website or our services (“Feedback”), we may use such Feedback for any purpose. In order to facilitate improvements and enhancements to the Website and our services, we will hold exclusive ownership, including all intellectual property rights, of all such Feedback. By providing Feedback, you assign to us all rights to such Feedback without any compensation.

9. Third Party Links. Our Website may include links to websites operated by third parties. These third-party websites are not under our control, and we are not responsible for the content or accuracy of any third-party websites or any links contained within them. We provide these links for your convenience only, and do not endorse, verify, monitor, or have any responsibility for the content of any third-party sites. Accessing any third-party websites linked from our Website is done at your own risk and is subject to the terms and policies of those websites, including but not limited to their privacy and data collection practices.

10. Requests for Matching Services. Our Website offers access to a range of services, including referrals to products, suppliers, and service providers potentially relevant to your interests (collectively referred to as “Website Services”), and access to content, both from us and third parties, related to various industries (referred to as “Website Content”). PLEASE REVIEW THE FOLLOWING DETAILS CAREFULLY:

Service Requests. Through our Website, you have the opportunity to submit requests (“Requests”) for detailed information about a variety of products and services provided by selected service providers (“Service Providers”). We cannot guarantee that all Service Providers will respond to every Request or meet your specific needs. We reserve the right to reject any Request or to choose not to forward a Request to participating Service Providers for any reason. Generally, our Website functions primarily as a platform for paid marketing and lead generation. We may receive a fee for generating leads for Service Providers. It is your responsibility to evaluate and decide which product, service, or Service Provider best fits your requirements.

Information Transfer. By submitting a Request on our Website, you consent to us sharing your information related to the Request with appropriate Service Providers. If any Service Provider is interested in providing you with their products or services in response to your Request, they will contact you with details and pricing. If you wish to stop receiving communications from any Service Provider, please inform them directly. Service Providers may retain the information from your Request and any other details provided by us in relation to your Request, regardless of whether you decide to use their services or products.

No Endorsements or Recommendations. While we strive to collaborate with reputable and professional Service Providers, we urge you to conduct your own due diligence before selecting or entering into any agreements with any Service Provider. After we refer your Request to the Service Providers, our involvement in any subsequent transactions between you and the Service Provider(s) ceases. We do not endorse or recommend any specific products, services, or opinions that may be accessible or mentioned on the Website.

Liability Disclaimer. WinGuys is not responsible or liable for the actions or inactions of any Service Provider, including but not limited to the services offered, their communication with you, or any agreement or transaction you enter into with a Service Provider.

No Substitute for Professional Advice. The content and services provided on the Website are for informational purposes only and are not intended to replace professional advice. The information offered through the Website should not be used for making any financial decision or action. It is important to note that the content on the Website may not be comprehensive, current, or applicable to your specific situation. Always seek the advice of qualified professionals for any significant decisions, and do not disregard professional advice based on anything you read on the Website. The relationship between you and us does not constitute a professional advisory or similar relationship.

11. Consent to Electronic Communications. By using our Website or sending emails to us, you are engaging with us electronically. You consent to receive all communications from us electronically, which may include emails or announcements posted on our Website. You acknowledge that all contracts, notices, disclosures, and other communications that we provide to you electronically meet any legal obligations that such communications be in writing.

E-Sign Consent. If you request to be matched with any of our third-party Service Providers, be aware that these providers may be legally required to send you certain communications, notices, disclosures, and other materials (“Communications”). These Service Providers will need your consent to send these Communications electronically. By submitting a request for matching with a third-party Service Provider, you explicitly consent to receive all legally required Communications electronically.

12. SMS Alerts for Users. By submitting your information and opting into SMS alerts, you agree to receive text messages from us, which may include updates and overviews whenever a service request is placed through our Website. To stop receiving SMS alerts at any time, you can reply with “STOP” to any message, and you will be removed from our SMS notifications list. Standard message and data rates may apply for any SMS messages exchanged between you and us. If you have questions about your messaging or data plan, you should contact your wireless service provider for details.

13. Warranty Disclaimer. The content available on our Website is provided “AS IS” and “AS AVAILABLE,” and you use it at your own risk. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of title, non-infringement of third-party rights, merchantability, fitness for a particular purpose, accuracy, and quiet enjoyment. We do not guarantee the completeness or accuracy of the content or information provided on our Website, and it may not be current at the time of your access or contain errors.

No Endorsements or Guarantees. We do not endorse, guarantee, or make any representations regarding the quality, availability, or legality of products and services offered by third-party companies or service professionals featured on our Website. We specifically disclaim any warranties related to the quality, safety, legality, or other characteristics of such products and services, and the conduct of any third-party service professional. These service professionals are independent and are not our employees or agents.

Legal Rights and Disputes. Your rights under contracts entered into with service professionals are governed by the terms of those contracts and by applicable federal, state, and local laws. In the event of a dispute with any service professional, you must resolve such disputes directly with the service professional involved.

14. Limitation of Liability. To the maximum extent permitted by applicable law, our company will not be liable for any indirect, incidental, special, exemplary, or consequential damages that arise from or are related to the use of the Website content. This includes, but is not limited to, losses of use, data, or profits, irrespective of whether we were advised of the possibility of such damages and regardless of the theory of liability. Our total cumulative liability in connection with these Terms, the Website, or any content therein, whether in contract, tort, or otherwise, will not exceed twenty five dollars ($25).

This limitation of liability is a critical element of the agreement between you and our company. Access to and use of the Website are provided on the basis of these limitations. In jurisdictions that do not allow certain exclusions or limitations of liability, the liability of our company will be limited to the greatest extent permitted by law.

15. Indemnification. You agree to indemnify and hold harmless the WinGuys, its subsidiaries, affiliates, officers, employees, and Service Providers from any claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Website, your breach of this Agreement, or your infringement, or infringement by any other user of the Website using your computer, of any intellectual property or other rights of any person or entity. Despite prohibitions, users may occasionally post content that is offensive, false, harmful, or deceptive. WinGuys and its Service Providers are not responsible for such content or actions.

16. Release. By using the Website, you release, discharge, and hold harmless winguys and its Service Providers, along with their respective agents, directors, officers, employees, information providers, licensors, licensees, and affiliates, from any and all claims, demands, rights, proceedings, liabilities, losses, legal fees, and costs of any kind, whether known or unknown, existing now or in the future, that arise from or relate to your use of the Website.

17. Mandatory Agreement to Arbitrate on an Individual Basis (“Arbitration Agreement”) Please read this section carefully as it significantly impacts your legal rights, including your right to file a lawsuit in court and to have a jury trial. This Arbitration Agreement mandates final and binding arbitration and includes a waiver of the right to participate in a class, collective, consolidated, or representative action (“Class Action Waiver”).

Arbitration replaces the right to go to court and, to the fullest extent permitted by law, waives any right to a jury trial or to participate in class or representative actions. In arbitration, a neutral arbitrator handles disputes instead of a judge or jury.

Most issues can typically be resolved by contacting our customer support at [email protected]. If we cannot resolve a complaint to your satisfaction, this section details how disputes will be resolved through arbitration.

For the purposes of this Arbitration Agreement, the terms “WinGuys,” “our,” “we,” or “us” include WinGuys, LLC and all of its current or future affiliates and subsidiaries, as well as any related persons or entities, including agents or employees, associated with WinGuys or its affiliates or subsidiaries.

You and winguys agree that any dispute, as defined below, will be resolved exclusively through final and binding bilateral arbitration. However, either party may choose to bring individual claims in small claims court, provided those claims qualify for small claims court consideration and as long as the matter remains in such court without being removed or appealed to a court of general jurisdiction, and progresses on an individual (non-class, non-representative) basis.

You and WinGuys acknowledge that these Terms involve interstate commerce and that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., and applicable federal arbitration laws govern the interpretation and enforcement of this Arbitration Agreement. This includes determining the applicability of any dispute to arbitration.

This Arbitration Agreement governs all “Disputes”. Under this Arbitration Agreement, the term “Dispute” is broadly defined to encompass any and all claims or controversies that may arise between you and WinGuys related to these Terms in any manner. This includes, but is not limited to, issues related to your use of our Website, privacy issues, advertising, and any communications with WinGuys whether they occur on the Website, via a mobile application, or through email or telephone. A Dispute will also be considered to exist even if it emerges after the termination of your relationship with WinGuys. Specifically, the term “Dispute” includes, without limitation: (a) Claims you may bring against our employees, agents, affiliates, or other representatives. (b) Claims WinGuys may bring against you. (c) Any issue that relates to or arises from any aspect of the relationship between you and WinGuys, regardless of the legal basis, including contract, tort, statute, fraud, misrepresentation, or any other legal theory. (d) Issues that arose before these Terms were agreed upon or from any previous agreements with WinGuys, including claims related to advertising. (e) Claims involved in ongoing litigation where you are neither a party nor a class member. (f) Issues that arise after the termination of these Terms. “Dispute” will be interpreted in the broadest sense allowable under the law. However, “Dispute” does not include matters concerning patents, copyrights, trademarks, trade secrets, and claims of piracy or unauthorized use of intellectual property. These are excluded from arbitration and the informal dispute resolution process described herein. All issues, except for questions concerning the scope, validity, and enforceability of the Arbitration Agreement itself or any matters pertaining to the arbitrability of a Dispute, will be decided by the arbitrator. These Terms and this Arbitration Agreement do not prevent you from presenting any Dispute you may have to a federal, state, or local government agency that can, if the law allows, seek relief on your behalf.

1. Pre-Arbitration Informal Dispute Resolution.

2. Waiver of Jury Trial; Waiver of Class Actions.

You and winguys hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, you both agree that all disputes will be resolved through arbitration. Arbitration proceedings are generally more streamlined, efficient, and less expensive than court proceedings, and are subject to very limited review by courts. In any litigation between you and winguys concerning whether to vacate or enforce an arbitration award, both parties waive all rights to a jury trial, to the fullest extent permitted by law, and choose instead to have the dispute resolved by a judge.

Additionally, you and winguys waive any right to bring or participate in a class action lawsuit. Unless both parties agree otherwise, all claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class, collective, representative, or private attorney general basis. Claims of more than one person cannot be arbitrated or litigated jointly or consolidated with those of any other person. Furthermore, you and winguys agree that the arbitrator may award the same individual relief available in court (including, without limitation, monetary, declaratory, injunctive, or other equitable relief). However, the arbitrator does not have the authority to modify these provisions on the class action waiver.

3. Arbitration Rules, Procedures, and Fees.

4. Special Additional Procedures for Mass Arbitration. In the event that twenty (20) or more similar claims are brought against WinGuys by the same or coordinated legal counsel or through any other coordinated effort, please be aware that the resolution of your dispute may experience delays. You consent to the following coordinated bellwether process and the application of the AAA’s Multiple Consumer Case Filing Fee Schedule. Both the claimants’ counsel and WinGuys counsel will each choose four (4) cases to proceed first in individual arbitration proceedings as an initial bellwether trial. Any remaining cases will not be filed or deemed filed for arbitration, nor will any AAA fees be assessed for these cases, until they are selected for progression in the bellwether process. Should the initial eight (8) cases not lead to a resolution of the remaining disputes, each party will select another four (4) cases to undergo a second round of individual arbitration proceedings. Again, the remaining cases will not be filed or deemed filed, nor will any fees be assessed, until selected for this next phase. Each case in these processes will be overseen by a single arbitrator, and only one case may be assigned to each arbitrator at a time, unless otherwise agreed by all parties involved. This phased process will continue as outlined until all claims, including yours, filed in these coordinated proceedings are fully adjudicated or resolved. The statute of limitations and any deadlines for filing fees for claims involved in this dispute resolution process will be paused from the selection of the first cases for the bellwether process until your case is either selected for the process, withdrawn, or otherwise resolved. The court holds the authority to enforce this provision and, if necessary, to prevent the mass filing or prosecution of arbitration demands against WinGuys.

5. Opt-Out Provision. You have the option to opt out of this Arbitration Agreement. To do so, you must send a written notice of your decision to opt out to the following address: WinGuys, 750 S Orange Blossom Trail, Suite 245, Orlando, FL 32805, within 30 days of first accepting these Terms. Your opt out notice must be postmarked within this 30-day period to be valid and must include (i) your full name and residence address (ii) the email address and/or telephone number associated with your account (iii) a clear statement that you are opting out of the Arbitration Agreement contained in these Terms of Use. By opting out, you will not be subject to the arbitration provisions outlined in these Terms, but all other aspects of the Terms will still apply to your use of the website and its services. This opt out does not affect any other arbitration agreements that you may have with us as part of a different agreement or policy.

6. Severability and Survival. This Arbitration Agreement includes provisions for its severability and ongoing validity. If any specific part of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, that specific part will be severed, having no effect, while the remainder of the Arbitration Agreement will continue to be enforceable and in full effect. Importantly, if any court or arbitrator finds the class action waiver in section 17.2 to be void or unenforceable, or if it is determined that an arbitration can proceed on a class basis and this decision becomes final after all possible appeals are exhausted, then the entire Arbitration Agreement will be deemed null and void. However, except in such circumstances, the remainder of the Arbitration Agreement will remain effective. This Arbitration Agreement is also designed to survive the termination of your relationship with WinGuys. Regardless of whether your formal association with the company ends, the provisions of this Arbitration Agreement will remain applicable to any disputes that may have arisen during the term of your relationship with the company.

7. Future Changes to Arbitration Agreement. WinGuys acknowledges the importance of maintaining transparency and consistency in our Arbitration Agreement. If we make any changes to this Arbitration Agreement in the future, other than an update to our mailing address, you have the right to reject any such changes. To do so, you must send us written notice of your rejection to the address specified above within 30 days of us announcing the change. It is important to note that rejecting a future change to this Arbitration Agreement does not constitute an opt-out of the arbitration process altogether. By rejecting any changes, you are affirming that any disputes between you and WinGuys will be resolved by arbitration in accordance with the terms of the Arbitration Agreement as it stood before the changes you rejected. This ensures that you retain the ability to contest modifications to the agreement while still adhering to the foundational principles of arbitration as initially agreed upon.

18. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) offers recourse for copyright owners who believe that material available on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on our Website infringe your copyright, you (or your agent) may send us a notice requesting the removal or blocking of the material. Conversely, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA. For detailed information, please visit http://www.copyright.gov/. Notices and counter-notices should be directed to:

WinGuys, LLC
750 S Orange Blossom Trail, Suite 245
Orlando, FL 32805
Email: [email protected]
Phone: (844) 946-4897

We strongly recommend consulting your legal advisor before submitting a notice or counter-notice to ensure compliance with the DMCA requirements.

19. Amendment. These Terms are subject to occasional revision. If WinGuys makes any substantial changes, we will notify you by sending an email to the last email address you provided to us (if we have one on record) and/or by prominently posting notice of the changes on the Website. Any material changes to these Terms will become effective on the earlier of thirty (30) calendar days following the dispatch of an email notice to you or thirty (30) calendar days following the posting of notice of the changes on the Website. These changes will take immediate effect for new users of the Website. Your continued use of the Website after such changes have been made will constitute your acknowledgment of the changes and your agreement to be bound by the modified Terms. In some instances, certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on specific pages of this Website.

20. General Provisions. If any provision of these Terms is found to be invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable to the fullest extent permitted by law (except as provided in Section 17.6). These Terms and any related actions will be governed by and interpreted under the laws of the State of Florida, without regard to its conflict of laws principles that might apply the law of another jurisdiction. By using our Website, you expressly consent to the personal jurisdiction and venue in the state and federal courts located in Orange County, Florida, for any legal action filed against you by WinGuys arising from or related to these Terms. These Terms (including the Privacy Notice and any other legal notices or terms located on specific pages of the Website) constitute the entire agreement between you and WinGuys regarding the use of the Website and its content. These Terms do not override or amend any signed written agreement between you and WinGuys related to the subject matter of such signed agreement, unless explicitly stated in that signed written agreement.

Contact Information:

WinGuys, LLC
750 S Orange Blossom Trail, Suite 245
Orlando, FL 32805