This websites located at www.athleticgreens.com and www.drinkAG1.com, including any features, content, or other materials provided via these websites (the “Websites”) are owned and operated by AG1 USA Inc., its affiliates and other related companies (collectively “AG1”, “we”, “us,” or “our”). Before accessing or using any Websites, please carefully read these Terms and Conditions (the “Terms”), and any amendments or supplements to it, and our Privacy Policy (collectively, the “Agreement”), as they form a legally binding agreement between you and AG1 and govern your access to and use of these Websites or any other websites of AG1, any order you place through the Websites and your use or attempted use of our products and services (collectively, “Your Use”). By accessing or using the Websites, you acknowledge that you have read, understood, and agree to be bound by the Agreement. If you do not accept the Agreement, you may not access or use the Websites in any way.

IMPORTANT NOTICE:

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (EXCEPT WHERE PROHIBITED BY APPLICABLE LAW AND WITH LIMITED EXCEPTIONS) YOU AND AG1 TO RESOLVE ALL DISPUTES (AS DEFINED BELOW) REGARDING THE WEBSITES, TERMS, OR YOUR USE THROUGH BINDING, INDIVIDUAL, AND FINAL ARBITRATION. NOTHING IN THIS AGREEMENT EXCLUDES OR AFFECTS YOUR STATUTORY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW.

RENEWAL OF SUBSCRIPTION: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS CANCELLED. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. TO AVOID A RECURRING CHARGE, YOU MUST CANCEL YOUR SUBSCRIPTION BY THE LAST DAY OF YOUR BILLING PERIOD.

LIMITATION ON AG1’S LIABILITY: WITHOUT LIMITING YOUR RIGHTS UNDER THE CONSUMER GUARANTEE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW OR AG1’S LIABILITIES UNDER THOSE PROVISIONS, THIS AGREEMENT EXCLUDES THE LIABILITY OF BOTH PARTIES FOR INDIRECT AND CONSEQUENTIAL LOSSES AND AG1’S TOTAL LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU HAVE PAID AG1 IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED UNITED STATES DOLLARS (US$100).

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will provide you with reasonable notice of any changes by any reasonable means before they take effect. You may read a current, effective copy of these Terms by visiting the “Terms & Conditions” link on the Websites. Unless you cancel your subscription in accordance with this clause, your continued use of the Websites after the date any such changes become effective constitutes your acceptance of the new Terms. If you have placed an order for products without a subscription that has been accepted by AG1, the terms and conditions that will apply to the relevant order are the terms and conditions that applied at the time you placed your order. If you placed an order for products with a subscription, the changes to the Terms will not take effect until the commencement of your next billing period we specify in our notice to you of the changes and you may cancel your subscription at any time before the commencement of that billing period by contacting our Customer Happiness Team or by calling a Customer Happiness Service Representative at 1-888-390-4029. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Websites.

In order to use the Websites, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Websites is not intended for children under the age of 18 and no person under the age of 18 may use the Websites. If you use the Websites, you are affirming that you are at least 18 years old.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THE WEBSITES, YOUR RELATIONSHIP TO AG1, ANY INFORMATION YOU PROVIDE VIA THE WEBSITES, THE TERMS, OR THIS AGREEMENT TO ARBITRATE (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITES (COLLECTIVELY, “DISPUTES”) WILL BE EXCLUSIVELY RESOLVED THROUGH CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION. HOWEVER, NOTHING IN THIS AGREEMENT EXCLUDES OR AFFECTS YOUR STATUTORY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW. Except as provided herein, you, AG1, or any involved third party may pursue resolution of Disputes only through this Agreement to Arbitrate, whether such Disputes arose before, on, or subsequent to you entering the Agreement to Arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, validity, construction, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, and whether the Agreement to Arbitrate can be enforced by or against a non-signatory to this agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms or the Agreement to Arbitrate are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and AG1 both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction. You and AG1 also both retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened trade secret misappropriation, patent infringement, copyright infringement or misuse, trademark infringement or dilution, or the misappropriation or violation of other intellectual property rights.

Mandatory Pre-Dispute Procedures. In the event of a Dispute, you and AG1 acknowledge and agree (subject to the exceptions above) to give the other party an opportunity to resolve the Dispute by first sending a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute, including, but not limited to, information or representations related to our products and upon which you rely; and the relief requested (“Notice of Dispute”). You may send any Notice of Dispute to AG1 by U.S. Mail to AG1 USA Inc., PO Box 29502 #20782 Las Vegas, NV 89126, Attn: General Counsel or by email to legal@drinkag1.com. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and AG1 agree to attempt to resolve any Dispute through informal negotiation within 30 days after the Notice of Dispute is received. After the end of that 30-day period and not before, you or AG1 may commence an arbitration proceeding as set forth in this Agreement to Arbitrate. Notwithstanding the foregoing, AG1’s and your right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.

Arbitration Location. For your convenience, the arbitration may be conducted in the city or county where you reside or at another location (including by remote or telephone means) that you and AG1 mutually select. It may be held by telephone or through written submissions if both you and AG1 agree.

Applicable Law. The parties agree and acknowledge that this Agreement to Arbitrate evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and the Rules are found to not apply to any issue that arises under this Agreement to Arbitrate, then that issue shall be resolved under the laws of the State of New York, without regard to its principles of conflict of laws.

Sponsoring Organisation, Rules and the Arbitrator. If the parties cannot resolve the matter informally, you and AG1 agree that any Disputes shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney. The arbitration will be administered by JAMS in accordance with its rules and procedures, including any supplementary rules and fee schedules then in effect (the “Rules”), except as modified by this Agreement to Arbitrate. JAMS’ Rules are available at https://www.jamsadr.com/adr-rules-procedures/. For information on how to commence an arbitration proceeding, you can contact JAMS at https://www.jamsadr.com/. Payment of all filing and administration fees will be governed by the Rules.

In the event a mass arbitration is permitted to occur, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of JAMS Mass Arbitration Procedures and Guidelines available at https://www.jamsadr.com/mass-arbitration-procedures, as modified by this Agreement to Arbitrate. If 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organisation are allowed to be submitted for arbitration, JAMS shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if JAMS finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in JAMS Mass Arbitration Procedures Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. We reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then the Agreement to Arbitrate shall be deemed null and void in its entirety, and you and AG1 shall be deemed not to have agreed to arbitrate Disputes.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. Unless otherwise prohibited by law, the arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Severability. If a portion of this arbitration provision is deemed unenforceable, that portion shall be severed and the remaining portions of this Agreement to Arbitrate shall remain in full force and effect.

Miscellaneous. This provision is the entire arbitration agreement between you and AG1 and shall not be modified except in writing by you and AG1. This Agreement to Arbitrate shall survive any expiration or termination of your account or relationship with AG1, bankruptcy, assignment, or transfer.

Opt-Out Procedures. YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN AG1 PRODUCT (WHICHEVER COMES FIRST) BY EMAIL TO arbitration-optout@drinkag1.com OR BY MAIL TO AG1 USA INC., PO Box 29502 #20782, Las Vegas, NV 89126; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE INCLUDING A STATEMENT THAT YOU DO NOT AGREE TO THIS AGREEMENT TO ARBITRATE AND IDENTIFYING ANY AG1 PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF AG1 PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with AG1.

Changes to Agreement to Arbitrate. We may change this Agreement to Arbitrate, or the policies referred to herein, at our discretion, by giving you reasonable notice to you by any reasonable means. Notwithstanding the provisions herein, if we change any of the terms of the Agreement to Arbitrate after the date you first accepted the Agreement to Arbitrate (or accepted any subsequent changes to the Agreement to Arbitrate), you may reject any such change by sending AG1 a written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided by email to arbitration-optout@drinkag1.com or by mail to AG1 USA Inc., PO Box 29502 #20782 Las Vegas, NV 89126, Attn: General Counsel. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Agreement to Arbitrate. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AG1 in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement).

AG1 OFFERS CONSUMERS “PRODUCTS” THAT CAN BE PURCHASED THROUGH A SUBSCRIPTION (“SUBSCRIPTION”), WHICH WILL AUTOMATICALLY RENEW UNLESS CANCELLED. IF YOU SIGN UP FOR A SUBSCRIPTION, THE PAYMENT METHOD YOU PROVIDE WILL BE CHARGED THE AMOUNT THEN IN-EFFECT EVERY 30 DAYS, OR THE DELIVERY CADENCE OF YOUR CHOOSING (“BILLIN bu G PERIOD”).

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. TO AVOID A RECURRING CHARGE YOU MUST CANCEL YOUR SUBSCRIPTION BY THE LAST DAY OF YOUR BILLING PERIOD. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU MAY DO SO ELECTRONICALLY BY CONTACTING OUR CUSTOMER HAPPINESS TEAM OR BY CALLING A CUSTOMER HAPPINESS SERVICE REPRESENTATIVE AT 1-888-390-4029. ALL CANCELLATIONS ARE EFFECTIVE ON THE LAST DAY OF BILLING PERIOD.

YOU ARE OBLIGATED TO PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU ARE RESPONSIBLE FOR PROMPTLY UPDATING ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (E.G., CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). YOU MUST PROMPTLY NOTIFY US IF YOUR CREDIT CARD INFORMATION IS CANCELLED OR IS NO LONGER VALID. CHANGES TO SUCH INFORMATION CAN BE MADE BY EMAILING OR CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITES OR BY CALLING 1-888-390-4029.

In addition to your rights under the Australian Consumer Law, if you don't like our product, you can request a refund for your first order within 90 days of placing your first order with us by sending an email to support@drinkag1.com. In this e-mail you must include your name, your order number, the date of your purchase and your address and bank details. We will then let you know how and to which address you need to return your product to us in order to get your refund. You must return the product to us in order to get a refund. The refund will be transferred to your bank account within 6 weeks after receipt of the returned product. Please note that the shipping costs cannot be refunded to you.

Subject to the limitations set forth herein, you or third parties may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners, including, without limitation, through Yotpo) the Websites (“Your Content” or “Third-Party Content,” as applicable). Unless we indicate otherwise, by posting or submitting Your Content to the Websites, you grant AG1 a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (directly and indirectly through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. AG1 and its affiliates and related companies are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. AG1 is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.

We will not be responsible or liable to you or to any third party in any way for the content, or completeness, accuracy, or reliability of Your Content or Third-Party Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. AG1 has the right, but not the obligation, in its sole discretion, to monitor and edit or remove any activity or content, or take legal action against you or the third party responsible for such content. Any content, views, opinions, comments, or questions/responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Websites, AG1, or its products, are solely the views, opinions and responsibility of the parties expressing, submitting, publishing, posting, uploading, or transmitting them and do not necessarily reflect the opinions of AG1. AG1 takes no responsibility and assumes no liability for Your Content or for any Third-Party Content.

You hereby authorise AG1 and its third-party service providers to derive statistical and usage data relating to your use of the Websites or Products (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Websites or Products (“Submissions”), provided by you to AG1 are non-confidential and AG1 will be entitled to the unrestricted use and dissemination of these Submissions for any purposes, commercial or otherwise, without acknowledgement, attribution, or compensation to you.

You must only use the Websites for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Websites. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Websites;

(ii) modify, distribute, or re-post any content on the Websites for any purpose; or

(iii) use the content of the Websites for any commercial exploitation whatsoever.

In using the Websites, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Websites;

(b) not to disrupt or interfere with any other user's enjoyment of the Websites or affiliated or linked Websites;

(c) not to upload, post, or otherwise transmit through or on the Websites any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilise framing techniques to enclose any AG1 trademark, logo, or other proprietary information (including the images found on the Websites, the content of any text, or the layout/design of any page or form contained on a Website’s page) without AG1’s express written consent;

(e) not to reverse engineer, or create derivative works based on the Websites or any content (including, without limitation, any software) available through the Websites;

(f) not to use meta tags or any other “hidden text” utilising an AG1 name, trademark, or product name without AG1’s express written consent;

(g) not to deeplink to the Websites without AG1’s express written consent;

(h) not to create or use a false identity on the Websites, share your account information, or allow any person besides yourself to use your account to access the Websites;

(i) not use the Websites to collect or store personal data about others;

(j) not to attempt to obtain unauthorised access to the Websites or portions of the Websites that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the product submission policies of AG1, including that any product submission you may make to AG1 will not be held in confidence by AG1 and is not proprietary, that AG1 may use the product submission and any aspect thereof for any purposes in AG1’s sole discretion; and

(m) to comply with all applicable laws regarding your use of the Websites.

You acknowledge that content available through the Websites, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Websites for the sole purpose of using or placing an order via the Websites, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Websites shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of AG1’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITES IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR SIMILAR SUPPLEMENT OR PRODUCT OR STARTING ANY NEW TREATMENT. YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE USING ANY AG1 PRODUCTS, PARTICULARLY IF YOU ARE PREGNANT OR NURSING, ANTICIPATE SURGERY, ARE TAKING ANY MEDICATIONS, HAVE A KNOWN HISTORY OF MEDICAL CONDITIONS, ILLNESSES OR OTHER HEALTH CONCERNS, OR ARE OTHERWISE UNDER MEDICAL SUPERVISION.

THE STATEMENTS MADE ABOUT THE PRODUCTS, INCLUDING ANY STATEMENTS MADE ON THIS WEBSITES, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) OR EQUIVALENT AUTHORITIES IN AUSTRALIA. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW AND WITHOUT EXCLUDING, RESTRICTING OR MODIFYING THE RIGHTS AND REMEDIES TO WHICH YOU MAY BE ENTITLED UNDER THE AUSTRALIAN CONSUMER LAW, THE WEBSITES AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AG1 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AG1 DOES NOT MAKE ANY WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECT. EXCEPT WHERE PROHIBITED BY LAW AND WITHOUT EXCLUDING, RESTRICTING OR MODIFYING THE RIGHTS AND REMEDIES TO WHICH YOU MAY BE ENTITLED UNDER THE AUSTRALIAN CONSUMER LAW, AG1 MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR THE PRODUCTS OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITES FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITES FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AG1 OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

The Websites may provide links to other websites or resources, including advertisers, over which AG1 has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by AG1 of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. AG1 makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that AG1 has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Websites via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

Product Representations. AG1 reserves the right to discontinue or change at any time without notice the specifications, content, messaging, products, and other information, and prospectively change prices on products, in each case without incurring any obligation to you. AG1 takes reasonable precautions to try to ensure that the prices quoted on the Websites are correct, to ensure that the Websites are complete, accurate, and current, and to describe the items available on the Websites as accurately as possible and to depict the most up to date packaging. If a product described on the Websites is not as described when you receive it, or the packaging on the Websites does not match the product you receive, you will be entitled to any remedies available under the Australian Consumer Law. AG1’s descriptions of, or references to, products not owned by AG1 do not imply endorsement of that product, or constitute a warranty by AG1.

Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Websites and to correct errors once discovered. Any product on the Websites at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is cancelled as a result of the error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance. If you order a product, payment must be received by AG1 prior to AG1’s acceptance of the order. AG1 may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of this Agreement. With respect to participation in AG1’s auto-renewal subscriptions, you expressly agree that by submitting your initial order you accept and are agreeing to the terms of the auto-renewal offer and understand the cancellation policy. Once a properly completed order, your authorisation, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

AG1 only accepts orders for personal use. You cannot resell items offered on the Websites. If AG1 discovers that you are placing orders with the intent to resell items offered on the Websites or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, AG1 will also report you to federal, state and/or local enforcement authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping and Risk of Loss. AG1 will add applicable shipping and handling fees to your order. Unless otherwise noted, AG1 will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although AG1 may provide delivery or shipment timeframes or dates, you understand that those are AG1’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), AG1 will use reasonable good faith efforts to contact you. If AG1 cannot contact you or you no longer wish to receive the item, AG1 will cancel the order and promptly refund the amount tendered.

Sales Tax. Where applicable, all fees and charges identified in these Terms and all product prices include GST or any other equivalent taxes under applicable laws. “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any similar applicable legislation.

Payment Information. In ordering products through the Websites, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorised to provide. AG1 shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to AG1, or for any other reason that we, in our sole discretion, deem appropriate.

International Orders. AG1 may not directly sell certain AG1 products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While AG1 may choose to accept orders for the purchase of its products from non-U.S.residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

• (a) You agree that the purchase of any AG1 products by you, as a non-U.S.resident, shall be (i) ex works AG1’s facilities in the United States per Incoterms 2020, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner; and
• (b) You hereby expressly authorise and direct AG1 to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
• (c) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from AG1’s facilities in the United States to your foreign shipping address.

The information communicated on the Websites constitutes electronic communication. When you communicate with AG1 through the Websites or via other forms of electronic media, such as e-mail, you are communicating with AG1 electronically. You agree that AG1 may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that AG1 provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by AG1 or you).

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by AG1, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITES OR SERVICES OFFERED BY AG1. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

To the extent permissible by applicable law, you acknowledge that telephone calls to or from AG1 are monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to AG1, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to AG1. You acknowledge that by voluntarily providing your telephone numbers to AG1, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of AG1 relating to this Agreement, any purchase or transaction with AG1, matters related to your account (including debt collection), and promotions regarding AG1 products. You acknowledge that you may incur a charge for these calls by your telephone carrier and that AG1 will not be responsible for these charges.

AG1 may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide AG1 notice within 30 days of any change to your contact information by writing to PO Box 29502 #20782, Las Vegas, NV 89126; Attention: AG1 Customer Service or emailing support@drinkag1.com. Your consent to this communications provision is not required to make any purchase with AG1.

TO THE EXTENT PERMITTED BY LAW AND WITHOUT EXCLUDING, RESTRICTING OR MODIFYING THE RIGHTS AND REMEDIES TO WHICH YOU MAY BE ENTITLED UNDER THE CONSUMER GUARANTEE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW OR AG1’S LIABILITIES UNDER THOSE PROVISIONS:

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL EITHER PARTY, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITES; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
• IN NO EVENT WILL AG1’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AG1 IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED UNITED STATES DOLLARS (US$100).

WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES DOES NOT APPLY TO YOU OR IS NOT ENFORCEABLE WITH RESPECT TO YOU, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITES, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Except where otherwise inapplicable or prohibited by law, to the fullest extent permitted by law, you agree to indemnify and hold harmless AG1 from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, suffered by AG1 arising out of or resulting from your breach of this Agreement, negligence or wrongful act, provided that your liability under or in connection with this indemnity will be reduced to the extent AG1’s breach of this Agreement, negligence or wrongful act caused or contributed to the loss that is the subject matter of the indemnity.

AG1 may, in its sole discretion, and at any time, terminate or suspend its operation of the Websites or your use of the Websites, if AG1 reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Websites and AG1 may, in our discretion, cancel any outstanding orders for the product.

In addition to these Terms, your purchase of products through the Websites is subject to our Privacy Policy, which is incorporated herein by reference.

Any controversy excluded from the dispute resolution procedures in this Agreement (other than an individual action filed in small claims court) shall be filed only in the courts of the place at which AG1 accepts an order, and appellate courts from those courts, and each party hereby irrevocably and unconditionally consents and submits to the non-exclusive jurisdiction of such courts for any such controversy.

AG1® is a trademark of AG1 USA Inc.. All other trademarks and service marks displayed on the Websites are the property of AG1 or their respective owners. You may not use or display any trademarks or service marks owned by AG1 without AG1’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Websites without the permission of their owners.

It is AG1’s policy to respect the copyright and intellectual property rights of others. AG1 may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, AG1 may terminate access by users who infringe the copyright or other intellectual property rights of others. Further, AG1 complies with the US Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide AG1’s Copyright Agent the following information:

1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Websites. You should identify the material with information reasonably sufficient to allow AG1 to locate the material;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury (e.g., notarised affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf
   

As an AG1 Refer-a-Friend member (a “Referrer”), you are subject to AG1 Terms & Conditions and AG1 Privacy Policy (both available on our websites), as well as the following additional Terms & Conditions for AG1 Refer a Friend program:

Referrer. Anyone can refer a friend (a “Referred Customer”), regardless of if you are a new or existing AG1 customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address), as determined by AG1 in its sole discretion. Referrers can refer as many customers as they like.

Qualified Referral. A Qualified Referral is defined as a purchase made at www.drinkAG1.com by a Referred Customer who arrives to our websites by clicking your unique Refer-a-Friend programme link.

• You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
• Referred customers must be a new customer with no prior purchases at www.drinkAG1.com to be a Qualified Referral.
• Referred customers must be using the USA/CAN/APAC checkout system. AG1 Refer-a-Friend promotions and rewards are not applicable to users on other storefronts.
• Qualified Referrals are only accepted via the AG1 websites. We will not accept referrals over phone, email, chat, or any other means of communication.

Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete their first purchase at www.drinkAG1.com. A Referred Customer must have no prior purchases at www.drinkAG1.com (new customers only).

Reward Payments. Rewards are delivered as a single, one-time-use promotional code for a discount on a future purchase.

• One promotional code may be used towards one purchase at a time. You may not “stack” promotional codes or other offers.
• Promotional codes may be redeemed at checkout on www.drinkAG1.com by adding the unique code to the field prior to submitting payment.
• Promotional codes may also be redeemed by AG1 subscribers within the Customer Portal.
  • 1. Referrer must login to their Customer Portal, select to edit their “Next Order” and select “Have a promo code?” to reveal the field for input.
  • 2. Once code is added to their “Next Order” it will automatically apply the applicable discount.
  • 3. If Referrers have multiple codes to use, they must add each code after their previous order has shipped to apply it to their upcoming order.
• Promotional codes will expire after one year.
• Rewards can only be used to purchase products on www.drinkAG1.com and are not redeemable for cash or gift cards. Referral Rewards may only be redeemed for purchases made in applicable local currency. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility. AG1 Refer-a-Friend Programme cannot be used by businesses or corporations or for affiliate lead generation.

No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from AG1 Refer-a-Friend programme.

Right to Close Accounts. AG1 reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the AG1 Refer-a-Friend programme in a dishonest or fraudulent manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to Cancel Programme or Change Terms. AG1 reserves the right to cancel the Refer-a-Friend Programme or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards accrued prior to the cancellation or change may still be redeemed, and will be governed by the Terms & Conditions applicable at the time the rewards accrued.

Neither party may assign or transfer, any of its rights or obligations under these Terms without the other party’s prior written approval. However, AG1 may, without your consent, assign or novate any of our rights and obligations under these Terms to an entity that is owned or controlled by AG1 or a related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) of AG1.

You acknowledge and understand that if AG1 is unable to provide the products as a result of an event outside of its control, AG1 will not be in breach of any of its obligations to you under this Agreement. In such event, AG1 will use reasonable good faith efforts to contact you. If AG1 cannot contact you or you no longer wish to receive the item, AG1 will cancel the order and promptly refund the amount tendered.

Any representations, warranties, and indemnification obligations made or undertaken by a party will survive cancellation or termination of your account or relationship with AG1. No delay by a party in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect that party’s ability to subsequently exercise that right or remedy. These Terms (together with any terms incorporated by reference herein) constitute the entire written agreement between you and AG1 relating to the subject matter herein. Any waiver must be agreed to by the parties in writing. These Terms supersede any other terms previously published by us and any other written representations or statements made by us to you. With respect to any disputes or claims not subject to arbitration, as set forth above, you and AG1 agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County in New York State.

Questions about these Terms should be sent to us at support@drinkag1.com.