Terms of service
Terms of Service
Welcome to www.ethlete.com (the "Site"), operated by ETHLETE Inc ("ETHLETE," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Site and any products, services, content, or tools we provide (together, the "Services").
By accessing the Site or placing an order, you agree to these Terms. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old to use the Site or purchase any product. By using the Site you represent that you are at least 18 and have the legal capacity to enter into these Terms.
2. Products
Our products are dietary supplements and related accessories intended to support general wellness and athletic performance. They are not drugs and are not intended to diagnose, treat, cure, or prevent any disease.
3. FDA Disclaimer
Statements made on the Site have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Individual results vary.
4. Not Medical Advice
Content on the Site is general information only and is not a substitute for professional medical advice, diagnosis, or treatment. Consult your physician before using any supplement, particularly if you are pregnant, nursing, taking medication, or managing a medical condition. Never disregard or delay seeking professional medical advice because of something you read on the Site.
5. Orders, Pricing, and Availability
5.1 Order acceptance
Your order is an offer to buy. We may accept or decline any order, in whole or in part, and may limit quantities.
5.2 Pricing and typographical errors
Prices are subject to change without notice. Despite our efforts, products may occasionally be listed at an incorrect price or with incorrect information. If a product is listed at an incorrect price, we may cancel or refuse any order placed at that price, whether or not the order has been confirmed and your payment method charged. If we cancel such an order after payment, we will issue a full refund.
5.3 Promotional pricing
Comparison prices, "value" figures, and strikethrough prices reflect the total of the individual list prices of the included items at the time of the offer.
5.4 Availability
All products are subject to availability. We may discontinue any product at any time.
6. Subscriptions and Automatic Renewal
6.1 Enrollment
If you select a subscription option, you authorize us to charge your payment method on a recurring basis until you cancel. You can manage your subscription at any time through your account, or by contacting us via e-mail.
6.2 Billing frequency and amount
Your order confirmation states your product, price per shipment, and delivery interval. If you need to make changes at any time, please contact us at hello@ethlete.com
6.3 Automatic renewal
YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AND YOUR PAYMENT METHOD WILL BE CHARGED AT THE THEN-CURRENT SUBSCRIPTION PRICE AT EACH INTERVAL UNTIL YOU CANCEL.
6.4 Price changes
We may change subscription pricing. We will notify you by email at least 30 days before a price change takes effect, and the change will apply only to shipments after that notice period. You may cancel at any time.
6.5 How to cancel
You may cancel at any time, with no fee and no penalty, by any of the following: (a) your account portal at the bottom of our website named "Manage Subscription" ; or (b) emailing hello@ethlete.com. Cancellation is available by the same method you used to enroll.
6.6 Cancellation cutoff
You may cancel at any time before your order enters fulfillment. Once an order has entered fulfillment we may be unable to stop it, in which case the order is governed by our Return Policy. In practice we try to accommodate cancellation requests received before a package leaves our facility, and we encourage you to contact us at hello@ethlete.com if you need to cancel a recently processed order.
6.7 Free gifts
Items included at no charge with a subscription, such as a frother or bottle, are provided in connection with an ongoing subscription and are yours to keep.
7. Shipping, Title, and Risk of Loss
Shipping timelines are estimates, not guarantees. Title and risk of loss pass to you upon our delivery of the products to the carrier. Claims for items damaged in transit should be submitted to us and we will assist in good faith. We are not responsible for delays caused by the carrier, weather, or other events outside our control.
8. Returns and Refunds
Returns, refunds, and exchanges are governed by our Return Policy at https://www.ethlete.com/pages/return-policy, which is incorporated into these Terms by reference.
9. User Conduct
You agree not to use the Site for any unlawful purpose, and not to: harass, abuse, or threaten others; interfere with the operation or security of the Site; upload or transmit viruses or malicious code; scrape, crawl, or harvest data except as permitted by our robots.txt; attempt to gain unauthorized access to any system; or use the Site to compete with us or benchmark our pricing for commercial purposes.
10. User Content
If you submit reviews, photos, testimonials, or other content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, transferable, sublicensable license to use, reproduce, modify, and display that content in connection with our business, including in marketing. You represent that you own the content or have the right to grant this license and that it does not violate anyone's rights. We may remove any content at our discretion.
11. Intellectual Property
All content on the Site, including text, graphics, logos, images, product designs, and the ETHLETE name and marks, is our property or licensed to us and is protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-transferable license to access the Site for personal, non-commercial use.
12. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ETHLETE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATED TO THE SITE OR ANY PRODUCT, UNDER ANY THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, our liability is limited to the fullest extent permitted by law. Nothing in these Terms limits liability for personal injury caused by our gross negligence or willful misconduct, or for any liability that cannot be limited by law.
14. Dispute Resolution — Arbitration and Class Action Waiver
14.1 Informal resolution first
Before starting an arbitration, you agree to contact us at hello@ethlete.com with a written description of the dispute and give us 60 days to resolve it informally.
14.2 Binding individual arbitration
Any dispute arising from or relating to these Terms, the Site, or any product, that is not resolved informally, will be resolved by binding individual arbitration and not in court, except as stated in 14.5. The arbitration will be conducted in Dallas County, Texas, or, at your election, by telephone, videoconference, or documents only.
14.3 Class action waiver
YOU AND ETHLETE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
If this paragraph is found unenforceable as to a particular claim, that claim must proceed in court and is severed from arbitration.
14.4 Mass arbitration and batching
If 25 or more similar claims are submitted against us by or with the assistance of the same counsel or coordinated entities, the claims will be administered in sequential batches of no more than [50], with a bellwether process: an initial batch is arbitrated to award, followed by a [60]-day mediation period for the remaining claims before further batches proceed. Applicable limitations periods are tolled for claims awaiting their batch.
14.5 Exceptions
Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
14.6 Jury trial waiver
YOU AND ETHLETE WAIVE ANY RIGHT TO A JURY TRIAL.
14.7 30-day opt-out
You may opt out of this Section 14 by emailing hello@ethlete.com with the subject line "Arbitration Opt-Out," including your name and the email used for your order, within 30 days of your first purchase or of the date these Terms were posted, whichever is later. Opting out does not affect any other part of these Terms.
14.8 Limitations period
Any claim must be brought within one year after it arises, or it is permanently barred, to the extent permitted by law.
15. Governing Law and Venue
These Terms and any dispute arising from them are governed by the laws of the State of Texas, without regard to conflict of law principles. Subject to Section 14, the exclusive venue for any action is the state or federal courts located in Dallas County, Texas, and you consent to personal jurisdiction there.
16. Indemnification
You agree to indemnify and hold harmless ETHLETE and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Site, or your violation of any law or third-party right.
17. Changes to These Terms
We may modify these Terms. We will post the revised Terms with an updated "Last updated" date and, for material changes, provide notice by email to account holders or a notice on the Site at least 14 days before the changes take effect. Changes apply prospectively only and do not apply to any dispute that arose before the change. Your continued use after the effective date constitutes acceptance.
18. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, labor disputes, supplier or carrier failures, pandemics, or government action.
19. General
Severability. If any provision is found unenforceable, the remainder stays in effect.
Entire agreement. These Terms, the Privacy Policy, and the Return Policy are the entire agreement between you and ETHLETE.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
Survival. Sections 10 through 19 survive termination.
20. DMCA
Copyright notices should be sent to hello@ethlete.com with the subject "DMCA Notice," including the information required by 17 U.S.C. section 512(c)(3).
21. Contact
ETHLETE Inc
1309 Coffeen Ave STE 1200
Sheridan, WY 82801
hello@ethlete.com