Terms of Service

Acceptance of Terms

By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not access or use our website or purchase our products. We reserve the right to modify these Terms at any time, and your continued use of the website constitutes acceptance of any changes.

Eligibility to Use the Site

To use this website and purchase our products, you must:

• •Be at least 18 years of age or the legal age of majority in your jurisdiction
• •Have the legal capacity to enter into a binding contract
• •Provide accurate and complete information when creating an account or placing an order
• •Not be prohibited from using our services under applicable laws

Products and Orders

All products displayed on our website are subject to availability. We reserve the right to:

• •Limit quantities available for purchase
• •Discontinue any product at any time without notice
• •Refuse or cancel any order for any reason, including errors in product or pricing information
• •Modify product descriptions, images, and specifications without prior notice

Product images are for illustrative purposes only and may differ slightly from the actual product. We make every effort to display accurate colors and details, but cannot guarantee that your device's display accurately reflects the product.

Pricing and Payment

All prices are displayed in US Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, shipping, or handling fees, which will be calculated at checkout.

Payment processing is handled securely through Shopify and/or Stripe. By placing an order, you:

• •Authorize us to charge your payment method for the total order amount
• •Represent that you are authorized to use the payment method provided
• •Agree to pay all charges at the prices in effect when incurred

We are not responsible for any fees charged by your bank or payment provider. In the event of a pricing error, we reserve the right to cancel the order and issue a full refund.

Shipping and Delivery

We ship to addresses within the United States and select international locations. Shipping times and costs vary based on your location and selected shipping method.

• •Estimated delivery times are not guaranteed and may vary due to carrier delays, weather, or other factors beyond our control
• •Risk of loss and title for products pass to you upon delivery to the carrier
• •You are responsible for providing accurate shipping information
• •We are not liable for packages lost or damaged due to incorrect address information

Returns and Refund Policy Reference

Our return and refund policies are designed to ensure customer satisfaction while maintaining product safety standards for consumable beverages. Please refer to our Refund Policy page for complete details on eligibility, timeframes, and procedures for returns and refunds. Generally, unopened products in their original packaging may be returned within 30 days of delivery. Due to the nature of consumable products, opened items cannot be returned unless defective.

User Accounts and Account Responsibility

When you create an account with us, you agree to:

• •Provide accurate, current, and complete information
• •Maintain and promptly update your account information
• •Keep your password secure and confidential
• •Accept responsibility for all activities under your account
• •Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

Prohibited Uses

You agree not to use this website or our services to:

• •Violate any applicable laws, regulations, or third-party rights
• •Submit false, misleading, or fraudulent information
• •Interfere with or disrupt the website's functionality or security
• •Attempt to gain unauthorized access to any portion of the website
• •Use automated systems (bots, scrapers) to access or collect data
• •Transmit viruses, malware, or other harmful code
• •Engage in any activity that could damage our reputation or business

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, product designs, trademarks, and software, is the property of ShiftX Energy or its licensors and is protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content without our prior written consent. The ShiftX Energy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ShiftX Energy LLC.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTX ENERGY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE WEBSITE AND PURCHASE OF PRODUCTS IS AT YOUR OWN RISK.

Indemnification

You agree to indemnify, defend, and hold harmless ShiftX Energy, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the website, violation of these Terms, or infringement of any third-party rights.

Governing Law

These Terms of Service and any disputes arising out of or related to your use of the website or products shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

Changes to Terms

We reserve the right to modify or update these Terms of Service at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on this page with a revised "Last Updated" date. Your continued use of the website after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

Contact Information

If you have any questions or concerns about these Terms of Service, please contact us: