These Terms of Use apply to our websites, microsites, mobile versions of these websites, and mobile applications (the "Website") that expressly adopt and display or link to these terms of use (the "Terms of Use"), as may be revised from time to time, and that are owned, operated or controlled by Drink LMNT, Inc. ("Drink LMNT", "we", "our", or "us").
These Terms of Use are between you, on behalf of yourself, any person on your account, and any person you allow to use the Website or Drink LMNT's services or products ("you" or "your"), and Drink LMNT.
By accepting these Terms of Use, You agree to be bound to these terms (Your "Agreement"). You accept these Terms of Use by doing any of the following things:
THESE TERMS OF USE CONTAIN A MANDATORY DISPUTE RESOLUTION PROVISION THAT INCLUDES A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.
All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the "Website Content"), and the collection, arrangement and assembly of the Website Content, is the property of Drink LMNT and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. You are granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Drink LMNT.
The Website, including all Website Content, is provided as a resource for users to learn more about Drink LMNT and its products. Subject to these Terms of Use, You are hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for Your own non-commercial purposes. All rights not expressly granted are reserved by Drink LMNT and its licensors. This limited license may be revoked at any time for any reason or no reason.
All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, "Marks") contained in, or used in connection with, the Website are expressly reserved by Drink LMNT and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to You under these Terms of Use or by virtue of Your use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Drink LMNT or the applicable rights holder.
Some functionality of the Website may require the transmission of information provided by You ("User Information"). User Information may include, but is not limited to, Your name, address, email address, telephone number, method of payment, credit card number, and billing information. You agree to keep the User Information provided to the Website current at all times and to promptly update such information to the extent of any change. By using such functionality, You consent to the transmission of User Information to Drink LMNT and/or its agents and authorize Drink LMNT and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located here, which is incorporated herein by reference.
The Website allows You to make online purchases. Where You make such a purchase via the Website, all information obtained by Drink LMNT from You during such purchase, including User Information, may be collected by Drink LMNT, as well as our third-party vendors, such as Shopify or other vendors. These third-party vendors may have privacy and data collection practices that are different from those utilized by Drink LMNT. Drink LMNT has no responsibility or liability for the independent policies of these third-party vendors. In addition to being subject to these Terms of Use, certain purchases may subject You to additional terms and conditions of these third-party vendors. For instance, purchases of Drink LMNT products through the Shopify platform will be subject to Shopify's Consumer Terms of Sale and Privacy Policy. You hereby release Drink LMNT from any damages You incur from the purchase or use of products subject to such third-party terms and conditions.
Drink LMNT makes all reasonable efforts to display the products listed for sale on the Website as accurately as possible. However, the display and color capabilities of Your computer or other device may affect the image seen on Your screen. Drink LMNT cannot guarantee that Your monitor's display of any product color, texture or detail will be accurate. In addition, Drink LMNT does not warrant that any product descriptions, pricing, availability or other content on the Website are accurate, complete, reliable, current or error free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. If a product offered on the Website is not as described, Your sole remedy is to return it. Please see our Return Policy for more information. Drink LMNT reserves the right to revise the price, description, and/or availability of products without notice. In addition, Drink LMNT reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
Your order constitutes an offer to us to buy the products and/or services You have selected. After receiving an order, we will send You an e-mail acknowledging that we have received Your order ("Order Confirmation"). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an email confirming the shipment of Your order (the "Shipping Confirmation"). A contract with us will be formed only when You receive the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of Your order in the same or a separate Order Confirmation. We may also require verification of information prior to the acceptance and/or shipment of any order.
The Website may allow You to upload photographs, videos or other content ("User Content"). You will be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Drink LMNT platforms. You will retain ownership of all User Content and hereby grant to Drink LMNT a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Drink LMNT platforms and for our business purposes. You also grant to the other users of the Website and related Drink LMNT platforms a non-exclusive license to access the User Content via the Website and related Drink LMNT platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use.
You grant Drink LMNT the right to identify You as the author of any such User Content by name, email address, or screen name, and You acknowledge that Drink LMNT has the right, but is not obligated, to use any such User Content and that Drink LMNT may cease utilizing such User Content at any time for any reason.
You agree not to submit, upload, or otherwise make available via the Website any content or materials:
You acknowledge that Drink LMNT has no obligation to monitor or screen User Content submitted to the Website, but that Drink LMNT shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Use or that is otherwise objectionable.
You understand and agree that Drink LMNT does not control and is not responsible for any content made available on the Website by other users. Your use of, or reliance on, any information contained in such third-party content is at Your sole risk. Under no circumstances will Drink LMNT be liable for any such third-party content or for any loss or damage resulting from Your use of, or reliance on, such third-party content.
The Website may include links to third party websites not operated by Drink LMNT. These links are provided for Your convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT YOUR OWN RISK, AND DRINK LMNT WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.
Your permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that:
You must comply with all applicable third-party Terms of Use (e.g., wireless carrier terms of service) at all times while using the Website. Drink LMNT reserves the right, in its sole discretion, to terminate the license granted to You hereunder and/or bring legal action against You if You engage in, or Drink LMNT reasonably believes You have engaged in or are engaging in, use that violates these Terms of Use. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.
You must obtain at Your own expense the equipment, means, device, and services to access the Website. We do not guarantee that the Website will work with all wireless service plans, at all times, or in all geographic locations. When You use the Website, You may incur certain charges from Your wireless carrier according to the terms and conditions of Your carrier agreement, including without limitation, fees for data, wireless access, and message services. Please check with Your carrier to verify whether there are any such fees that may apply to You. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE WEBSITE THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.
You represent and warrant that:
Drink LMNT provides the Website for use in the United States of America and Canada. Drink LMNT does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at Your sole risk and You are responsible for complying with all applicable local laws.
DRINK LMNT AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS SET FORTH ABOVE, TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU AGREE THAT DRINK LMNT SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE, RESULTING DIRECTLY OR INDIRECTLY:
USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, DRINK LMNT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DRINK LMNT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Upon request by Drink LMNT, You agree to indemnify, defend and hold harmless Drink LMNT and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys' fees) that arise from:
Drink LMNT reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Drink LMNT in asserting any available defenses.
At any time and without notice to You, Drink LMNT may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to You.
Drink LMNT reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website. Your continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute Your acceptance of those changes. These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.
These Terms of Use are governed by the laws of Florida and applicable federal laws of the United States of America, without giving effect to conflict of laws principles.
By accepting these Terms of Use, you agree to resolve any dispute with us through individual binding arbitration or small claims dispute procedures, and to waive your rights to a jury trial and to participate in any class action suit.
YOU AND WE EACH AGREE THAT ALL CLAIMS AND DISPUTES BETWEEN YOU AND DRINK LMNT WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION OR IN SMALL CLAIMS COURT. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS AND DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, YOUR ACCESS TO OR USE OF THE WEBSITE, OUR PRIVACY NOTICE, PRIVACY OR DATA SECURITY PRACTICES, OUR PRODUCTS, YOUR PURCHASES OF OUR PRODUCTS THROUGH THE WEBSITE, AND BILLS OR CHARGES. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND RELEVANT SUBSTANTIVE LAW, MUST ENFORCE APPLICABLE STATUTES OF LIMITATION, DEFENSES, AND PRIVILEGES, AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
This includes any claims against other parties relating to our Products provided or billed to you (such as our suppliers, dealers, authorized retailers, or third-party vendors) whenever you also assert claims against us in the same proceeding. You and we each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth above).
For all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim ("Notice of Dispute") to the address provided in the "Notification" provision. The Notice of Dispute must contain enough information for us to identify your dispute and attempt to resolve your claim, including:
You may be represented by an attorney or other person in that process. However, if you choose to do so, you must also submit a signed written authorization with your Notice of Dispute that allows us to discuss your dispute with your attorney or other representative. Similarly, if we have any dispute with you, we will send a Notice of Dispute to your billing address. You and we each agree to negotiate any claim(s) between us in good faith. You and we each agree that neither of us may commence any arbitration or court proceeding unless you and we are unable to resolve the claim(s) within 60 days after receipt of the Notice of Dispute, provided the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
If we are unable to resolve any claims within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent (see "Notification" provision) and to the American Arbitration Association ("AAA"). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with these Terms of Use, in which case these Terms of Use will govern. The AAA rules are available at www.adr.org.
If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator, selected using the following procedure:
All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the AAA rules and any applicable state laws or rules.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA rules. If you initiate an arbitration, you are required to pay AAA's initial filing fee, but we will reimburse you for the difference between that fee and the fee for filing a complaint in a federal or state court in your county (or parish) of residence, if any, when the arbitration ends. However, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. These Terms of Use authorize the arbitrator to award fees or other sanctions against your counsel. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either the Agreement or the arbitration clause, and whether any claim is subject to arbitration. Notwithstanding the foregoing, (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures as set out in these Terms of Use and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class and Mass Action Waiver included in these Terms of Use.
YOU AND WE EACH AGREE THAT PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION (THE "CLASS AND MASS ACTION WAIVER").
In any action between you and us, if a court or an arbitrator determines that any part of this arbitration provision or Class and Mass Action Waiver is unenforceable with respect to any claim, remedy, or request for relief, then the arbitration provision and Class and Mass Action Waiver will not apply to that claim, remedy, or request for relief. But the arbitration provision and Class and Mass Action Waiver will still apply to all other claims, remedies, and requests for relief that you or we may assert in that or any other action. In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator's award has been issued. In any such proceeding, the arbitrator's factual findings will not be entitled to deference by the court.
If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
You can contact us by sending an email to [email protected].
To begin arbitration or any other legal proceeding, you must serve our registered agent, United Corporate Services, Inc., which can be contacted at 877-734-8300.
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents:
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to [email protected]. Users may also contact us by writing to 1150 Central Ave, Naples, FL 34102. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any questions, complaints, or claims regarding the Website may be directed to [email protected].