Policies and Terms
Last updated: May 9, 2026 In the event that a product fails to arrive, or arrives in materially damaged condition, please contact us at [email protected] within 30 days of your order date with your order number and, where applicable, photos documenting the damage. For purposes of this policy, “materially damaged” means damage that renders the product unusable or unsafe for consumption, as reasonably determined by DRINK WHOLESOME LLC (“Drink Wholesome,” “we,” “us,” or “our”) based on photographic documentation. We will review your claim within five (5) business days of receipt. If your claim is approved, Drink Wholesome will issue a replacement product at no additional cost to you within five (5) to ten (10) business days of approval. We are not responsible for delays or non-delivery caused by carrier error, incorrect shipping information provided at checkout, or Force Majeure Events as described in our Terms and Conditions. If a product causes stomach discomfort, we may issue a refund for (i) one (1) multi-serving pouch, or (ii) up to three (3) sample packets, provided that such purchase constitutes your first order of that particular product. This accommodation is intended for customers discovering a sensitivity for the first time and is available once per product. For customers with known sensitivities, we strongly recommend purchasing Samples prior to ordering a full-size product. Refund requests under this guarantee must be submitted within 30 days of the order date. Due to the nature of our products and the cost burdens associated with return logistics, we do not accept returns or exchanges for any reason other than non-delivery or materially damaged delivery. In cases of non-delivery or material damage, we will provide a replacement product as described above. We again encourage customers uncertain about product suitability to order Samples prior to purchasing a multi-serving pouch. Last updated: May 9, 2026 Once an order has been submitted through our Site, it is processed immediately and cannot be canceled, modified, or revoked. Customers may cancel an ongoing subscription at any time through the My Account portal; however, cancellation requests received after an order has already been generated for shipment will apply only to future subscription billing cycles.
Last updated: May 9, 2026 DRINK WHOLESOME LLC (“Drink Wholesome,” “we,” “us,” or “our”) offers subscription purchasing options that allow you to receive products on a recurring basis at a discounted rate. By enrolling in a subscription, you authorize Drink Wholesome to charge your payment method automatically at the frequency you select until you cancel. When you enroll in a subscription, you agree to recurring charges at the price and frequency displayed at checkout. Your subscription will renew automatically at the end of each billing cycle unless canceled in advance. Subscription pricing is displayed at checkout and may differ from one-time purchase pricing. When you enroll in a subscription, your price is locked for twelve (12) months from the date of your first subscription order (“Price-Lock Period”). We will not increase your subscription price during the Price-Lock Period. After the Price-Lock Period expires, we reserve the right to change your subscription price at any subsequent renewal. If your price changes, we will notify you at least 7 days before your next scheduled order date via the email address associated with your account. If you do not wish to accept the new price, you must cancel your subscription before that order date. If you do not cancel, your continued subscription constitutes your acceptance of the new price. Instructions for cancellation are available in the My Account portal or by contacting [email protected]. It is your responsibility to maintain a current and accurate email address in your account. We are not liable for failure to receive notice due to an outdated or invalid email address. The Price-Lock Period does not apply in the following circumstances: In any such case, we will notify you at least 7 days before your next scheduled order date via the email address associated with your account, and you retain the right to cancel before any price change takes effect. Your payment method will be charged automatically on the date each order is generated. You are responsible for ensuring your payment information remains current. Failed payments may result in order cancellation or suspension of your subscription. You may cancel your subscription at any time through the My Account portal. To avoid being charged for an upcoming order, cancellation must be completed before your next scheduled order date. Cancellations received after an order has been generated will take effect on the following billing cycle. Canceled subscriptions will not be charged going forward, but charges already processed are non-refundable except as described in our Refunds and Returns policy. In the event of a Force Majeure Event as described in our Terms and Conditions, subscription orders may be delayed or rescheduled. You will not be charged for any order that cannot be fulfilled. You may modify your subscription frequency, product selection, or next order date through the My Account portal. Log in to your account at drinkwholesome.com and navigate to My Account → Subscriptions → Cancel or contact [email protected] with your subscription details and cancellation request. We recommend canceling through the portal for the fastest confirmation. Cancellation requests submitted by email are processed during business hours and may not take effect in time to prevent an imminent charge. We will send you an order reminder via email with 7 days advance notice before each subscription order is generated, giving you time to skip, modify, or cancel before your next charge. Subscription charges are subject to our standard Refunds and Returns policy (above). We do not issue refunds solely on the basis of forgetting to cancel or failing to update payment information in advance of a charge. For questions about your subscription, contact us at [email protected].
Last updated: May 9, 2026 This Privacy Policy (“Policy”) describes the manner in which DRINK WHOLESOME LLC, a New Hampshire limited liability company (“Drink Wholesome,” “we,” “us,” or “our”), collects, uses, processes, discloses, retains, and protects information relating to individuals (“you” or “your”) who access or use our website, purchase our products, engage with our communications, or interact with our business operations (collectively, the “Services”). Your access to and use of the Services constitutes your acknowledgment of, and agreement to, the practices described herein. For any questions regarding this Policy, please contact us at [email protected]. Your use of the Services is further governed by our Terms and Conditions. We collect personal information in the following circumstances, subject to applicable law: This includes information you voluntarily submit when you: Such information may include: When you access the Services, we automatically collect certain technical and usage data through cookies, pixels, tags, scripts, and similar tracking technologies, including but not limited to: Disabling cookies may impair functionality of the Services. We may receive information relating to you from: We use the information described above for the following purposes, where permitted by applicable law: We may disclose your information to third-party vendors engaged to perform business functions on our behalf, including but not limited to hosting, payment processing, order fulfillment, communications, customer service, and marketing. Such vendors are contractually bound to use your information solely as required to provide their services. We may disclose your information when required to comply with a legal obligation, regulatory inquiry, subpoena, court order, or governmental request; enforce our Terms; or protect the rights, property, or safety of Drink Wholesome, our customers, or the public. In the event of a merger, acquisition, financing, reorganization, bankruptcy, or other transfer of assets, your information may be assigned or transferred as part of the transaction and will remain subject to the protections set forth herein unless you are notified otherwise. We may disclose your information for any other purpose for which you provide express consent. We may share personal information about you with third-party advertising partners to deliver advertisements on other websites and platforms that are tailored to your interests based on your activity on our Site. Under California law (CPRA) and certain other US state privacy laws, this activity may constitute “sharing” personal information for cross-context behavioral advertising purposes. California residents and residents of other states with applicable privacy laws have the right to opt out of this sharing. To exercise this right, you may: If you opt out, we will stop sharing your personal information for targeted advertising purposes. You may still see ads from us, but they will not be based on your activity on our Site. Your opt-out preference will be applied within 15 business days of our receipt of your request. We do not sell personal information for monetary compensation. We use cookies, pixels, tags, scripts, and similar tracking technologies to operate and improve our Site and to support our marketing activities. The following describes the categories of cookies we use and their purposes: Strictly Necessary Cookies — These cookies are essential for the Site to function and cannot be disabled. They include cookies that maintain your session, authenticate your account, and preserve your shopping cart. Without these cookies, core Site functionality will not work. Functional Cookies — These cookies enable enhanced functionality and personalization, such as remembering your preferences and previously viewed products. Disabling these cookies may affect the quality of your experience on the Site. Analytics Cookies — These cookies collect information about how visitors use our Site, including pages viewed, time spent on the Site, and referring URLs. We use this data to understand and improve Site performance. Analytics data is aggregated and does not identify individual users. Marketing and Advertising Cookies — These cookies track your activity on our Site and across other websites to deliver targeted advertisements based on your interests. They are placed by our third-party advertising partners and allow us to measure the effectiveness of our campaigns. Under California law and certain other applicable state privacy laws, the use of these cookies may constitute sharing personal information for cross-context behavioral advertising purposes. To opt out of marketing and advertising cookies, you may: Third-Party Cookies — Some cookies on our Site are placed by third-party service providers, including payment processors, social media platforms, and advertising networks. We do not control these cookies directly. Please refer to the privacy policies of the relevant third parties for information about their cookie practices. Managing Cookies — You may control and delete cookies through your browser settings. Most browsers allow you to refuse new cookies, delete existing cookies, and receive notifications when new cookies are set. Please note that disabling certain categories of cookies may impair the functionality of the Site, including the ability to complete purchases or maintain your account session. For more information about cookies and how to manage them, visit allaboutcookies.org. You may opt out of marketing emails or SMS messages by following the unsubscribe instructions contained within those communications. Transactional email messages relating to orders or accounts will continue to be sent where permitted by law. You may opt out of transactional SMS messages at any time as described in the SMS Marketing section of our Terms and Conditions. Depending on your jurisdiction, you may have statutory rights to request access to, correction of, or deletion of your personal information. To submit such requests, contact [email protected]. We may require verification of your identity prior to responding. We maintain administrative, technical, and physical safeguards intended to protect personal information. However, no method of transmission or storage can be guaranteed to be fully secure. You are responsible for safeguarding your account credentials and devices. Please do not transmit sensitive information via unencrypted communication channels. We retain personal information for as long as reasonably necessary to provide the Services, fulfill orders, comply with legal obligations, enforce agreements, or resolve disputes. Information that is no longer required will be deleted or anonymized. If you access the Services from outside the United States, you acknowledge and consent that your information may be transferred to, stored in, and processed in the United States, where data protection laws may differ from those in your jurisdiction. The Site is not directed to individuals under the age of 13, and we do not knowingly collect, solicit, or retain personal information from children under 13. Our products are intended for adult consumers only. If you are a parent or guardian and believe your child has provided personal information to us without your consent, please contact us immediately at [email protected] with the subject line “COPPA — Minor Data Deletion Request.” We will promptly investigate and delete any such information from our records upon verification. We do not use any personal information collected from a minor for any commercial purpose and will not condition any service or benefit on a child’s disclosure of more personal information than is reasonably necessary. We may revise this Policy at any time. Material changes will be indicated by an updated “Last updated” date. Your continued use of the Services following such changes constitutes acceptance of the revised Policy. If you are a California resident, you have the following rights under the California Privacy Rights Act: Right to Know — You may request disclosure of the categories and specific pieces of personal information we have collected about you, the sources from which it was collected, the purposes for which it is used, and the categories of third parties with whom it is shared. Right to Delete — You may request deletion of personal information we hold about you, subject to certain exceptions permitted by law. Right to Correct — You may request correction of inaccurate personal information we maintain about you. Right to Opt Out — You may opt out of the sharing of your personal information for cross-context behavioral advertising purposes. Right to Limit Use of Sensitive Personal Information — To the extent we collect sensitive personal information, you may request that we limit its use to purposes permitted by law. Right to Non-Discrimination — We will not discriminate against you for exercising any of these rights. To submit a request, contact us at [email protected] or use the designated opt-out link in our Site footer. We may verify your identity before processing your request using a reasonable verification process that does not require you to create an account if you do not already have one. We will respond within 45 days, with one 45-day extension where reasonably necessary. Authorized agents may submit requests on your behalf with written permission or a valid power of attorney. We may require the authorized agent to provide proof of authorization and may verify your identity directly with you before processing the request. Residents of other U.S. states may have similar privacy rights under applicable state law. To submit any privacy-related request regardless of your state of residence, contact us at [email protected] and we will respond to the extent required by applicable law. For questions or requests relating to this Policy, contact: [email protected]
Last updated: May 9, 2026 These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and DRINK WHOLESOME LLC, a New Hampshire limited liability company (“Drink Wholesome,” “we,” “us,” or “our”) governing your access to and use of our website, including any subdomains, content, functionality, or services available thereon (collectively, the “Site”). By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in full, you must immediately discontinue all use of the Site. Your continued use of the Site constitutes your ongoing acceptance of the Terms as they may be amended from time to time. All text, graphics, photographs, videos, audio recordings, product names, logos, trade dress, software, data compilations, and other materials appearing on the Site (collectively, “Content”) are the exclusive property of Drink Wholesome or its licensors and are protected by United States and international copyright, trademark, and intellectual property laws. Except as expressly authorized by these Terms or by our prior written consent: All rights not expressly granted herein are hereby reserved by Drink Wholesome. The Site is intended for individuals who are at least eighteen (18) years of age and have legal capacity to enter into a binding contract. By using the Site, you represent and warrant that you meet these requirements. Any use of the Site by individuals under 18 is strictly prohibited. We reserve the unilateral right, at any time and without prior notice, to modify, suspend, or discontinue any aspect of the Site, including products, pricing, features, or Content. Notwithstanding the foregoing, subscription pricing changes are governed by the Subscription and Auto-Renewal Disclosure policy, which is incorporated herein by reference. Certain areas of the Site may require the creation of an account. If you register: We reserve the right to suspend or terminate any account at our sole discretion. You agree that you shall not: Any violation may result in immediate termination of your rights under these Terms. All products, descriptions, images, specifications, and pricing appearing on the Site are subject to change at any time without notice. Drink Wholesome does not guarantee that product descriptions or other Content are accurate, complete, current, or error-free. By placing an order, you submit an offer to purchase products subject to these Terms. We reserve the right, without liability or prior notice, to: We define “reselling” broadly as purchasing products for the purpose of commercial redistribution. All prices are stated in U.S. dollars and may be modified at any time. By submitting payment information, you represent and warrant that: We disclaim responsibility for errors or interruptions by third-party payment processors. Shipping dates are estimates only and not guarantees. Title and risk of loss pass to you upon our delivery of products to the carrier. Our Refunds and Returns policy (above) governs replacement eligibility. Except as explicitly provided therein, all sales are final and non-refundable. Drink Wholesome shall not be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, epidemics, pandemics, governmental actions or restrictions, war, terrorism, civil unrest, labor disputes or shortages, supplier failures, transportation disruptions, energy shortages, or failures of third-party infrastructure including internet or telecommunications networks (“Force Majeure Event”). In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the event. We will make reasonable efforts to notify affected customers via the email address associated with their account and to resume normal operations as promptly as practicable. If a Force Majeure Event prevents fulfillment of an order for more than thirty (30) days, either party may cancel the affected order by providing written notice, and we will issue a full refund for any amounts paid for the unfulfilled order. For active subscriptions, orders delayed or unfulfilled due to a Force Majeure Event will be rescheduled to the next available fulfillment date. Subscription billing cycles will be adjusted accordingly so that you are not charged for an order that cannot be fulfilled. This clause does not affect your statutory rights where applicable law does not permit such limitations. You may be permitted to submit reviews, comments, photos, or other materials (“User Content”). By submitting User Content, you represent and warrant that: By submitting User Content, you hereby grant Drink Wholesome an irrevocable, perpetual, worldwide, royalty-free, fully sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such User Content for any lawful purpose, without compensation. We may remove or modify User Content at any time for any reason, with no obligation to display or preserve it. This section applies to all customer reviews, testimonials, endorsements, ratings, photos, and other user-generated content submitted to or displayed on our Site, as well as to any content created by affiliates, influencers, brand ambassadors, or other third parties (“Endorsers”) promoting Drink Wholesome products on any platform. Testimonials and reviews appearing on our Site reflect the individual experiences of customers and are not necessarily representative of the results that all customers may achieve. Individual results will vary depending on a variety of factors including diet, exercise, metabolism, health status, and consistency of use. No testimonial or review constitutes a guarantee, warranty, or prediction of the results you will experience. In accordance with the Federal Trade Commission’s Endorsement Guides, 16 C.F.R. Part 255, Drink Wholesome discloses the following: Some reviewers or endorsers may have received free products, discounts, affiliate commissions, or other compensation in connection with their review or endorsement of our products. Where a material connection exists between Drink Wholesome and an endorser, that connection will be disclosed clearly and conspicuously in accordance with applicable FTC guidelines. We do not require reviewers to provide positive reviews as a condition of receiving free product or other compensation. All compensated reviewers are instructed to provide their honest and unbiased opinion. Any affiliate, influencer, brand ambassador, or other third party who promotes Drink Wholesome products in exchange for compensation of any kind — including but not limited to monetary payment, free product, discounts, or affiliate commissions — is required to: Drink Wholesome reserves the right to terminate any affiliate or influencer relationship where disclosure requirements are not met and to request removal of non-compliant content. We may contact customers via email or other means to request reviews of products they have purchased. Where we solicit reviews, we disclose our identity as the seller. We do not offer incentives in exchange for positive reviews specifically and do not suppress or selectively publish reviews based on their content, except where reviews violate our content guidelines or applicable law. We reserve the right to remove or decline to publish any review or testimonial that: Removal of a review does not constitute suppression of negative feedback where the review is removed for reasons unrelated to its sentiment. Drink Wholesome is committed to compliance with the Federal Trade Commission Act and the FTC’s Endorsement Guides as amended from time to time. If you believe any content on our Site or any third-party content promoting our products fails to comply with applicable disclosure requirements, please contact us at [email protected] with the subject line “FTC Disclosure Concern” and we will investigate promptly. The Site may contain links to third-party websites or services. We do not endorse, control, or assume responsibility for any third-party content, policies, or practices. You access third-party sites entirely at your own risk. Our products are manufactured in facilities that process common allergens, including but not limited to milk, eggs, tree nuts, peanuts, wheat, soy, and sesame. While we take reasonable precautions to minimize cross-contact, we cannot guarantee that any product is completely free from allergens or traces thereof. Customers with known food allergies, sensitivities, or intolerances should carefully review the ingredient and allergen information provided on each product page and on the product label before purchasing or consuming any Drink Wholesome product. Product formulations, ingredients, and manufacturing processes may change from time to time. While we make reasonable efforts to update product information on our Site promptly, the most current and accurate allergen and ingredient information is always found on the physical product label. We strongly encourage you to review the product label each time you receive an order, regardless of prior purchases. Where products are described using terms such as “vegan,” “dairy-free,” “gluten-free,” or similar designations, such descriptions reflect our good-faith assessment based on ingredient composition and supplier representations. These designations are not independently certified unless expressly stated on the product label or product page. Drink Wholesome makes no representation that any product is suitable for any particular dietary requirement, medical condition, or lifestyle. You are solely responsible for determining whether a product is appropriate for your individual needs. Certain ingredients in our products may interact with medications or may be contraindicated for individuals with specific medical conditions. Nothing on this Site constitutes medical advice. You should consult a qualified healthcare provider before consuming any of our products if you have a medical condition, are pregnant or nursing, or are taking prescription or over-the-counter medications. Even products that do not contain a known allergen may cause an adverse reaction in some individuals. Drink Wholesome is not liable for any allergic reaction, sensitivity response, adverse health outcome, or injury arising from consumption of our products, except where such liability cannot be excluded by applicable law. If you experience an adverse reaction, discontinue use immediately and seek appropriate medical attention. To the maximum extent permitted by applicable law, Drink Wholesome’s liability for any claim arising from an allergen-related or dietary-related adverse event shall be limited as set forth in the Limitation of Liability section of these Terms and Conditions. All nutritional, dietary, health-related, and wellness information appearing on our Site, in our communications, or provided by our customer support team is intended solely for general informational purposes. It does not constitute and should not be interpreted as medical advice, clinical guidance, diagnosis, treatment recommendation, or professional healthcare services of any kind. Your use of our Site, purchase of our products, or communication with our customer support team does not create a physician-patient relationship, dietitian-client relationship, nutritionist-client relationship, or any other professional healthcare relationship between you and Drink Wholesome or any of its employees, agents, or representatives. No such relationship is formed by any means through your interaction with our Site or products. Before making any changes to your diet, beginning any nutritional supplementation program, or using any of our products, you should consult a qualified and licensed healthcare provider, including a physician, registered dietitian, or other appropriate professional. This is particularly important if you: Any responses provided by Drink Wholesome’s customer support team to health-related inquiries are for general informational purposes only and do not constitute medical advice. Our customer support representatives are not licensed healthcare providers and are not qualified to provide medical, clinical, or dietary guidance specific to your individual health circumstances. You should not rely on any communication from Drink Wholesome as a substitute for advice from a qualified healthcare professional. Statements regarding our products 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 may vary. By using our Site or purchasing our products, you expressly acknowledge that you are not relying on any statement, representation, or communication from Drink Wholesome as medical advice, and that you have been advised to seek guidance from a qualified healthcare professional before using our products. Consent and Scope By affirmatively opting in to email marketing — whether through a sign-up form, checkout opt-in checkbox, promotional enrollment, or other express indication of consent — you agree to receive recurring commercial email messages from Drink Wholesome at the email address you provide. These messages may include promotional offers, new product announcements, discount codes, subscription reminders, and other marketing content. Consent to marketing emails is separate from and not required as a condition of placing an order or creating an account. Providing your email address solely for the purpose of receiving order confirmations, shipping notifications, or account-related communications does not constitute consent to receive marketing emails. Transactional Emails Regardless of your marketing email preferences, we may send you transactional emails relating to orders you have placed, account activity, subscription billing, and other service-related communications. These messages are not marketing communications and are not subject to marketing opt-out requests, though you may contact us at [email protected] if you have questions about specific communications. Message Frequency Marketing email frequency varies based on your activity, subscription status, and promotional calendar. You may receive up to 30 marketing emails per month. We do not send unsolicited bulk email. How to Opt Out You may opt out of marketing emails at any time by: Clicking the “Unsubscribe” link included in the footer of every marketing email we send; or Contacting us directly at [email protected] with your name, email address, and a written opt-out request. We will honor all opt-out requests within ten (10) business days of receipt, as required by the CAN-SPAM Act. During that period you may receive messages that were already in process at the time of your request. Once your opt-out is processed, we will not send further marketing emails to the opted-out address and will not sell, transfer, or share that address for marketing purposes. Physical Business Address In accordance with the CAN-SPAM Act, all commercial emails from Drink Wholesome will include our current physical mailing address: DRINK WHOLESOME LLC, 60 Belknap Mountain Road, Gilford, NH 03249 Data Handling Your email address and associated engagement data (opens, clicks, and purchase history) may be processed by our email service provider solely for the purpose of delivering and improving our email communications. Our email service provider is contractually prohibited from using your information for their own marketing purposes. For more information, see our Privacy Policy. Liability Drink Wholesome is not liable for delays, failures, filtering, or misdirected delivery of email communications resulting from acts or omissions of internet service providers, spam filtering services, or other third-party infrastructure. You are responsible for ensuring that emails from drinkwholesome.com are not blocked or filtered by your email client or provider. By opting in to SMS marketing, you expressly consent to receive recurring automated marketing text messages from Drink Wholesome at the mobile telephone number you provide. These messages are sent using messaging platforms that do not constitute an automatic telephone dialing system as defined under the Telephone Consumer Protection Act. You do not need to consent to receive these messages as a condition of purchasing any product or service from us. Separately, we may send you transactional text messages relating to orders you have placed, account activity, and subscription billing. Message Content and Frequency Messages may include promotional offers, product announcements, order updates, subscription reminders, and other marketing content. Message frequency varies based on your activity and subscription status, but you may receive up to 15 marketing messages per month. Message and data rates may apply depending on your mobile carrier and plan. How to Opt Out You may revoke your consent and opt out of SMS messages at any time — including transactional messages relating to orders, account activity, and subscription billing — by: Replying STOP to any message you receive from us. You will receive one final confirmation message acknowledging your opt-out, after which no further messages will be sent to that number; or Contacting us at [email protected] with your name, the mobile number you wish to opt out, and a written opt-out request. How to Get Help Reply HELP to any message for assistance, or contact us at [email protected]. You may also contact your mobile carrier for information about applicable message and data rates. Consent Record-keeping We maintain records of your SMS consent, including the date, time, and method by which consent was obtained. By opting in, you acknowledge that these records are accurate and may be used in any dispute regarding your consent status. Supported Carriers SMS marketing is available through most major U.S. carriers. Carrier support is not guaranteed for all networks. Neither Drink Wholesome nor participating carriers are liable for delayed or undelivered messages. No Warranty Drink Wholesome is not liable for any delays, failures, or misdirected delivery of SMS messages resulting from acts or omissions of your mobile carrier or other third-party infrastructure providers. To the maximum extent permitted by applicable law, the Site, Content, and products are provided on an “as is,” “as available,” and “with all faults” basis without warranties of any kind, whether express, implied, or statutory. We expressly disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, free of errors, or free of harmful components, or that any defects will be corrected. Without limiting the foregoing, Drink Wholesome makes no warranty that any product is free from allergens, suitable for your dietary needs, or appropriate for your individual health circumstances. You are solely responsible for determining whether any product is suitable for your individual needs before purchase and consumption. Please review all ingredient and allergen information available on the product page and physical product label prior to use. Your use of the Site and products is at your sole risk. You acknowledge that the limitations of liability set forth in this section reflect a reasonable allocation of risk and form an essential basis of the bargain between you and Drink Wholesome. Without these limitations, Drink Wholesome would not be able to offer the Site or products on the terms provided. To the maximum extent permitted by applicable law, Drink Wholesome, its officers, members, managers, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of substitute goods or services, arising out of or related to: (i) your access to or use of, or inability to access or use, the Site or any products; (ii) any conduct or content of any third party on or related to the Site; or (iii) any unauthorized access to or use of our servers or any personal information stored therein — in each case whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, our total cumulative liability to you for all claims arising out of or relating to these Terms, the Site, or any products — regardless of the form of action — shall not exceed the greater of: (i) the total amount paid by you to Drink Wholesome in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (US $100). To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose, regardless of any statute of limitations to the contrary. Claims not filed within this period are permanently barred. Some jurisdictions do not permit the exclusion or limitation of certain damages or the shortening of applicable limitation periods. If you are located in such a jurisdiction, some or all of the above limitations may not apply to you, and your rights may include additional protections under applicable consumer protection law. In such cases, our liability shall be limited to the fullest extent permitted by applicable law. You agree to indemnify and hold harmless Drink Wholesome and its managers and employees from any third-party claims, liabilities, damages, and reasonable attorneys’ fees arising directly from: (i) your material breach of these Terms; (ii) User Content you submit that infringes a third party’s rights; or (iii) your fraudulent or intentionally harmful use of the Site. These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to its conflict-of-law principles, except to the extent preempted by U.S. federal law. Before initiating any formal legal proceeding, the party asserting a dispute shall provide written notice to the other party describing the nature of the dispute and the relief sought. The parties shall have thirty (30) days from the date of such notice to attempt to resolve the dispute informally. If the dispute is not resolved within that period, either party may pursue the remedies available under this section. Any dispute arising out of or relating to these Terms or the Site that is not resolved through the informal process described above shall be brought exclusively in the state or federal courts located in New Hampshire, and you hereby consent to the personal jurisdiction of such courts. We may, at our sole discretion and without notice, terminate or restrict your access to the Site for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site shall immediately cease. By using the Site, you consent to receive electronic communications from us, including notices, disclosures, and other communications required by law. Such communications satisfy any legal requirement that they be in writing. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without restriction. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Drink Wholesome regarding the Site, except to the extent you have entered into a separate written agreement with Drink Wholesome that expressly supersedes these Terms. Drink Wholesome respects the intellectual property rights of others and expects users of our Site to do the same. If you believe that content appearing on our Site infringes your copyright, please contact us as described below and we will investigate promptly. To report content you believe infringes your copyright, please contact us at [email protected] with the subject line “Copyright Concern” and include the following information: We will review all copyright complaints submitted in good faith and will take appropriate action, which may include removing or disabling access to the allegedly infringing content while we investigate. We aim to acknowledge receipt of copyright complaints within five (5) business days. By submitting content to our Site, including reviews, comments, and photos, you represent and warrant that you own or have the necessary rights to that content and that it does not infringe any third-party intellectual property rights. We reserve the right to remove any content that we determine, in our sole discretion, infringes or may infringe the intellectual property rights of others. Please submit copyright complaints only where you have a genuine good faith basis for the claim. Submitting false or misleading complaints may expose you to legal liability. Nothing in this procedure constitutes legal advice. If you are uncertain whether content on our Site infringes your copyright, we recommend consulting a qualified attorney before submitting a complaint. If you have questions regarding these Terms, please contact us at [email protected]. We aim to respond to general inquiries within three (3) business days. Response times may vary during periods of high volume or circumstances outside our control. For privacy-related requests, including requests submitted under the California Privacy Rights Act, we will respond within 45 days of receipt, with one 45-day extension where reasonably necessary, as described in our Privacy Policy.
Refunds and Returns
Refunds
Stomach-Friendly Guarantee
Returns
Cancellations
Subscriptions and Auto-Renewals
Overview
How Subscriptions Work
Pricing
Price-Lock Exceptions
Billing
Cancellation
Modifications
How to Cancel
Reminders
Refunds and Returns
Contact
Privacy
Privacy
1. Information We Collect
A. Information You Provide Directly
B. Information Collected Automatically
C. Information Obtained from Third Parties
2. How We Use Your Information
3. How We Share Your Information
A. Service Providers
B. Legal and Compliance Obligations
C. Business Transactions
D. With Your Consent
E. Targeted Advertising
4. Cookies and Similar Technologies
5. Your Rights and Choices
A. Marketing Communications
B. Access, Correction, and Deletion
6. Data Security
7. Data Retention
8. International Data Transfers
9. Children’s Privacy
10. Changes to This Policy
11. California Privacy Rights (CPRA)
12. Contact Information
Terms and Conditions
1. Ownership, Intellectual Property, and License Restrictions
2. Eligibility
3. Modifications to the Site and to These Terms
4. Account Registration and Security Obligations
5. Acceptable Use Restrictions
6. Product Descriptions, Availability, and Order Acceptance
7. Pricing, Payment Authorization, and Taxes
8. Shipping, Risk of Loss, and Return Limitations
9. Force Majeure
10. User Content, Reviews, and License Grant
11. Testimonials, Endorsements, and Affiliate Disclosures
Scope
Typical Results Disclaimer
Material Connections and Compensation
Affiliate and Influencer Requirements
Review Solicitation
Content Moderation
FTC Compliance
12. Third-Party Websites and External Links
13. Allergen and Dietary Disclaimer
General Allergen Notice
Ingredient and Formulation Changes
Dietary and Lifestyle Claims
Medication and Medical Condition Interactions
Individual Reactions
Limitation of Liability
14. Health, Nutrition, Medical Disclaimer, and No Professional Relationship
General Informational Purpose
No Professional Relationship
Consult a Qualified Professional
Customer Communications
FDA Disclaimer
Acknowledgment
15. Email and SMS Marketing Consent
Email Marketing
SMS Marketing
16. Disclaimer of Warranties
17. Limitation of Liability
Exclusion of Consequential Damages
Liability Cap
Time Limitation on Claims
Jurisdictional Savings
18. Indemnification
19. Governing Law
20. Termination
21. Electronic Communications Consent
22. Miscellaneous Provisions
23. Copyright Complaint Procedure
Our Commitment
Reporting a Copyright Concern
How We Respond
User Responsibility
Good Faith Requirement
No Legal Advice
24. Contact Information