Terms & Conditions

Last Modified on 1/09/2023

Introduction

Welcome to ShakeWell LLC (the "Company," "we," "us," or "our"). These terms of service (the "Terms") govern your access to and use of our website, products, information, tools, and services (collectively, the "Services").

Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not use the Services.

Use of the Services

The Services are intended for individuals who are 18 years of age or older. If you are under 18, you may not use the Services.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To transmit any worms or viruses or any code of a destructive nature.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

Purchases

We reserve the right to refuse Services to anyone for any reason at any time.

The Company may offer products for sale through the Services. We may limit or cancel quantities purchased per individual, household, or per order in our sole discretion. This includes orders placed under the same customer account, using the same credit card, and/or orders that use the same billing and/or shipping address. We may attempt to notify you if we make any changes to or cancel your order by contacting the email and/or billing address/phone number provided at the time of the order. We also reserve the right to limit or prohibit orders that, in our discretion, appear to be placed by dealers, resellers or distributors. By placing an order, you are offering to purchase a product on and subject to the following terms and conditions:

• All orders are subject to availability and confirmation of the order price.
• We reserve the right to modify, change the price, or discontinue Services without notice.
• Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In the event that a product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel any orders placed for the product listed incorrectly, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price. Please refer to our Refund Policy for more information.

In order to complete your transactions smoothly, you agree to provide accurate, complete and current purchase and account information for all orders placed on our website. Please promptly update your account information including email address, credit card numbers and expiration dates as well.

Intellectual Property

The Services and all content and materials included on the Services, including but not limited to text, graphics, logos, images, software, and the compilation thereof, are the property of the Company or our licensors and are protected by United States and international copyright and trademark laws.

You may not use any content or materials on the Services for any commercial purpose without the express written consent of the Company.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, access to the Services or any contact on the website through which the Services are provided, without written consent of the Company.

Information

We cannot guarantee the accuracy, completeness, or timeliness of the information available on this site. The material provided on this site is intended for general informational purposes only and should not be used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Using the information on this site is at your own risk.

This site may contain historical information that is no longer current and is provided for reference only. We reserve the right to make changes to the contents of this site at any time, but we are under no obligation to update the information on our site. It is your responsibility to keep track of any changes made to the site.

The information provided through our Services, such as product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability, may not always be accurate, complete, or up-to-date. We reserve the right to make corrections, updates, or changes at any time, without notice, including after you have placed an order. We also do not have any obligation to update, change or clarify any information provided through our Services, unless required by law. Please note, the absence of an update or refresh date on our Services should not be interpreted as a guarantee that all information provided is current or accurate.

Personal Information

By submitting your personal information through our Services, you agree to the terms outlined in our Privacy Policy. To learn more about how we protect and use your personal information, please visit the link provided or reach out to us directly.

User Feedback, Comments and Other Submissions

If we request you to send specific submissions, such as contest entries, or if you voluntarily send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or otherwise (collectively referred to as "comments"), you agree that we have the right to use, edit, copy, publish, distribute, translate, and otherwise use the comments in any medium without restriction. We are not obligated to maintain any comments in confidence, compensate you for them, or respond to them.

We reserve the right to monitor and edit or remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violative of any party's intellectual property or these Terms.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. Your comments should not contain any unlawful, abusive, or obscene material, or contain any computer virus or other malware that could harm the operation of the Services or any related website. You should not use false email addresses, impersonate someone else, or deceive us or any third-parties as to the origin of any comments. You are solely responsible for any comments you make and for ensuring that they are accurate. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Third-Party Links and Tools

Our Services may include materials, products and services from third-parties. Services may also contain links to third-party websites that are not affiliated with us. We are not responsible for evaluating the accuracy of these third-party materials or websites and we do not endorse them. We shall not be liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made through these third-party websites.

It is important to review the policies and practices of these third-party websites before engaging in any transactions with them. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the appropriate third-party.

We may provide you with access to third-party tools that we do not monitor, control, or have any input on. By using these tools, you acknowledge and agree that we provide access to them "as is" and "as available" without any warranties, representations, or conditions and without any endorsement from us. We will not be held liable for any issues arising from or relating to your use of these optional third-party tools.

It is your responsibility to ensure that you are familiar with and approve of the terms on which these tools are provided by their respective third-party providers before using them.

We may also introduce new Services and features on our website, including new tools and resources in the future. These new features and Services will also be subject to the same Terms.

Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services.

The Company does not warrant that the Services, content, or materials will be uninterrupted, timely, secure or error-free, and the Company will not be liable for any interruptions or errors, except in the case of gross negligence. We also do not guarantee that the results obtained from the use of our Services will be accurate or reliable.

The Company does not warrant that the Services, content, or materials will be free from viruses or other harmful components.

Limitation of Liability

The Company will not be liable for any damages of any kind arising from the use of the Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages. You understand and agree that your use of the Services is at your own risk.

The Company will not be liable for any damages resulting from loss of use, data, profits, or from any unauthorized access to or alteration of your transmissions or data.

The Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors will not be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from or in connection with your use of the Services or any products or services obtained through the Services, including, but not limited to, any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Services or any content or product posted, transmitted, or otherwise made available through the Services. This limitation of liability applies even if we were advised of the possibility of such damages. In some jurisdictions, certain limitations or exclusions of liability may not apply. In such cases, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold the Company and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any law or rights of another.

Governing Law

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute arising out of or relating to these Terms, or the Services will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in the State of Michigan.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and the Company and govern your use of the Services. Our failure to enforce or exercise any right or provision in these Terms does not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be interpreted in a manner that disadvantages the party who drafted them. These Terms supersede any prior agreements between you and the Company.

Changes to the Terms

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you may stop using the Services.

Contact Us

If you have any questions about these Terms, please contact us at support@drinkshakewell.com.