Website Terms of Use and Terms & Conditions of Sale – English Law

Last Updated: April 2024

PLEASE CAREFULLY READ THESE WEBSITE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (“TERMS”) BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE.

THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ATHLETIC GREENS.


The websites located at www.drinkAG1.com, including any features, content, or other materials provided to you via the websites (the “Websites”) are owned and operated by AG1 UK Enterprise Limited a company registered in the United Kingdom with a registered office at 43 Overstone Road, London, W6 0AD. (“AG1”, “we”, “us,” or “our”).


By visiting and using our Websites and/or purchasing from us you agree to be bound by these Terms, including the additional terms and conditions and policies referenced in these Terms and/or available by hyperlink (including our Privacy Policy). We recommend that you print a copy of these Terms for future reference.


BY ACCESSING OR USING THE WEBSITES, INCLUDING PLACING AN ORDER ONLINE FOR ANY PRODUCTS MADE AVAILABLE FOR PURCHASE ON OR THROUGH THE WEBSITES (“PRODUCTS”), YOU ACCEPT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND SUCH TERMS SHALL BE ENFORCEABLE IN THE SAME WAY AS IF YOU HAD SIGNED TO CONFIRM YOUR ACCEPTANCE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITES OR OTHERWISE PLACE AN ORDER FOR PRODUCTS.


You are subject to the Terms in force at the time you access the Websites and/or order Products from us. 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.


You may read a current, effective copy of these Terms by visiting the “Terms & Conditions” link on the Websites. Your continued use of the Websites and/or purchase of Products from us after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you must not access, browse, or use (or continue to access, browse, or use) the Websites.

Eligibility

The Websites are made available free of charge and are directed to people residing in the United Kingdom. We do not represent that content available on or through the Websites is appropriate for use in other locations.


To use the Websites, you must be 18 years or older and have the authority to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Websites are 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.

User-Generated Content

Subject to the limitations set forth in these Terms, 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), via 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 Athletic Greens 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 Your Content, throughout the world in any media now known or hereafter conceived. Athletic Greens and its affiliates 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. Athletic Greens 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 agree 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 the rights of any third parties 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.


Athletic Greens 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, Athletic Greens, 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 Athletic Greens. Athletic Greens takes no responsibility and assumes no liability for Your Content or for any Third-Party Content.

You hereby authorize Athletic Greens 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

User Conduct

You must only use the Websites for lawful purposes, and you must not use them 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,


However, you may print off one copy, and may download extracts, of any page(s) from the Websites for your personal use.


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 Websites or any 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 utilize framing techniques to enclose any Athletic Greens 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 page) without Athletic Greens’ 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” utilizing an Athletic Greens name, trademark, or product name without Athletic Greens’ express written consent;


(g) not to deeplink to the Websites without Athletic Greens’ 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 unauthorized 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 applicable law. You further agree not to post any copyrighted material unless the copyright is owned by you; and


(l) not to spam, phish, pharm, pretext, spider, crawl or scrape; and


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

Protection of Intellectual Property Rights and License

The Websites contain content owned by us and third parties. 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, is protected by copyright, trademarks, patents, or other proprietary rights and laws.

You are 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. You must not remove or obscure the copyright notice or other notices displayed on the content.

Except as expressly set out in these Terms, nothing contained in these Terms or on the Websites shall be construed as granting any license or right, expressly, by implication, by estoppel, or otherwise of any intellectual property rights owned by Athletic Greens’ or any third party. Any rights not expressly granted herein are reserved.

If you print off, copy, download, share or repost any part of the Websites in breach of these Terms, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Health Disclaimer Regarding Information Provided on the Websites

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITES IS PROVIDED FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE ON WHICH YOU SHOULD RELY, 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 ATHLETIC GREENS 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 THE WEBSITES, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) AND/OR THE UNITED KINGDOM MEDICINES AND HEALTHCARE PRODUCTS REGULATORY AGENCY ("MHRA”). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.

Disclaimer of Warranties

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE WEBSITES AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATHLETIC GREENS 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. ATHLETIC GREENS 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. ATHLETIC GREENS 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 ATHLETIC GREENS OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Links to Other Websites That Athletic Greens Does Not Control

The Websites may provide links to other websites or resources, including advertisers, over which Athletic Greens has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Athletic Greens 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.

Athletic Greens makes no representations or warranties with respect to the content, ownership, or legality of any linked websites. You agree that Athletic Greens has no responsibility or liability for the availability of 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 terms of that website.

Purchasing Products from Us

Product Warranties and/or Representations. Athletic Greens reserves the right to discontinue or change at any time without notice the specifications, content, messaging, Products, and other information, and change prices of Products on the Websites, in each case without incurring any obligation to you. Athletic Greens 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 Products available on the Websites as accurately as possible and to depict the most up to date packaging. However, Athletic Greens does not warrant or represent that the descriptions of the Products on the Websites are accurate, complete, current, or error-free, or that product packaging depicted on the Websites will match the actual product that you receive.


Athletic Greens’ descriptions of, or references to, products not owned by Athletic Greens do not imply endorsement of that product, or constitute a warranty by Athletic Greens.

Pricing Errors and Omissions. Please be aware that prices and availability of Products 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 appearing on the Websites at a particular time does not guarantee that the Products will be available at the point of order. If we discover an error has occurred in relation to price or availability of a Product after you have been charged, we will notify you and offer you a refund of any sums you have paid.

Order Placement and Acceptance

Products for personal use.


Athletic Greens only accepts orders for personal use. You cannot resell Products offered on the Websites. If Athletic Greens 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, Athletic Greens will also report you to applicable law enforcement authorities. It is your responsibility to understand and obey all applicable laws in regard to the possession, use and sale of any Products purchased from the Websites. By placing an order, you agree that the Products ordered will be used only in a lawful manner.

One Time Purchases.

If you order a Product on the Websites, payment must be received by Athletic Greens prior to Athletic Greens’ acceptance of the order.

Following receipt of payment, Athletic Greens will confirm acceptance of your order by sending you an order confirmation email. Athletic Greens may require additional information regarding your order if you have not provided all of the information requested. We may reject your order if a Product is unexpectedly out of stock or we haven’t received the requested information. If we reject an order, we will let you know as soon as possible and refund any sums you have paid or we may offer you alternative Product(s) of equal quality and value.

Signing up for a Subscription.


IN ADDITION TO ONE OFF PURCHASES, ATHLETIC GREENS OFFERS CONSUMERS PRODUCTS THAT CAN BE PURCHASED THROUGH A SUBSCRIPTION (“SUBSCRIPTION”), WHICH WILL AUTOMATICALLY RENEW UNLESS CANCELLED BY YOU OR US.

IF YOU SIGN UP FOR A SUBSCRIPTION, THE FIRST PAYMENT MUST BE RECEIVED BY ATHLETIC GREENS PRIOR TO ATHLETIC GREENS’ ACCEPTANCE OF THE SUBSCRIPTION. FOLLOWING RECEIPT OF PAYMENT, ATHLETIC GREENS WILL CONFIRM ACCEPTANCE OF YOUR SUBSCRIPTION BY SENDING YOU AN ORDER CONFIRMATION EMAIL.

IF YOU SIGN UP FOR A SUBSCRIPTION, THE PAYMENT METHOD YOU PROVIDE ON SIGN UP WILL BE CHARGED THE RELEVANT PRODUCT PURCHASE PRICE EVERY 30 DAYS, OR IN ACCORDANCE WITH THE DELIVERY OPTION CHOSEN ON SIGN UP (“BILLING PERIOD”).

THE PRODUCT PURCHASE PRICE APPLICABLE FOR A SUBSCRIPTION WILL BE THE PRICE YOU AGREE TO AT SIGN UP. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE OF ANY PRODUCT PRICE INCREASES DURING YOUR SUBSCRIPTION.

Cancelling your Subscription.

YOUR SUBSCRIPTION WILL CONTINUE FOR AN INDEFINITE PERIOD OF TIME UNTIL YOUR SUBSCRIPTION IS CANCELLED BY YOU OR US.

WE MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. WE WILL NOTIFY YOU BY EMAIL OF SUCH CANCELLATION AND REFUND YOU ANY SUMS PAID FOR PRODUCTS NOT RECEIVED.

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 +44 20 3004 2658. ALL CANCELLATIONS ARE EFFECTIVE ON THE LAST DAY OF THE BILLING PERIOD THAT THE CANCELLATION IS RECEIVED.

YOU MUST 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, PAYMENT METHOD, 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 +44 20 3004 2658.

Shipping and Risk of Loss.

Following issue of an order confirmation, we will locate the Products you have ordered to place them in line for shipment.

Athletic Greens will add applicable shipping and handling fees to your order, these will be calculated at the point of order. Athletic Greens will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Athletic Greens may provide delivery or shipment timeframes or dates, you understand that those are Athletic Greens’ 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.

Applicable Taxes.

The price stated on the Websites will be inclusive of applicable value added tax, but not the cost of delivery. In addition, you will also have to pay our delivery charges as quoted on the Websites at the point of order.

Payment Information.

By ordering Products through the Websites, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you agree that you will only provide payment information which is yours or for which you are authorised to provide. Athletic Greens 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 Athletic Greens.

Return/Refund Policy

One Time Purchases and Subscriptions.

If you don’t like our Products, you can request a refund for your order within 3 months of placing your order with us by sending an email to support@athleticgreens.com. In this e-mail you must include your name, your order number, the date of your purchase and your address and bank details (if required). Where Products have been delivered to you (or are out for delivery) we will then let you know via email how and to which address you need to return your Product(s) to receive your refund. You must return the Product(s) in a sealed and undamaged condition to receive a refund.


The refund will be transferred to your bank account as soon as possible and always within 30 calendar days (or such shorter period as required by law) after (i) receipt of the returned product or (ii) receipt of your refund request where the Product has not been posted. We will refund you by the method you used for payment unless this is not possible. You are responsible for the costs of return and these will not be refunded to you.

Damaged or incorrect Products.


If a Product described on the Websites is damaged or not as described when you receive it, or the packaging on the Websites does not match the Product you receive, please contact us within 7 days of receipt at support@athleticgreens.com. We will let you know via email to which address you need to return your Products to receive a refund. You are responsible for the costs of return and we will refund any standard costs of return. We don’t refund any extra you have paid for express delivery or delivery at a particular time. If you are returning Products for being not as described, the Products must be returned in a sealed and undamaged condition to receive your refund. We will refund you by the method you used for payment unless this is not possible.

Delay.


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) Athletic Greens will use reasonable good faith efforts to contact you. If Athletic Greens cannot contact you or you no longer wish to receive the Products, Athletic Greens will cancel the order and promptly refund the amount tendered. We will refund you by the method you used for payment unless this is not possible.

Electronic Communications and Signatures

The information communicated on the Websites constitutes an electronic communication. When you communicate with Athletic Greens through the Websites or via other forms of electronic media, such as e-mail, you are communicating with Athletic Greens electronically. You agree that Athletic Greens may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Athletic Greens 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 Athletic Greens 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 Athletic Greens on the Websites, 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 these Terms and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other applicable 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 PRODUCTS OR SERVICES OFFERED BY ATHLETIC GREENS. 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.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any use identification code or password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of these Terms.

Communications with Athletic Greens

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


You verify that any contact information provided to Athletic Greens, 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 Athletic Greens.

Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.


EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ATHLETIC GREENS, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “ATHLETIC GREENS PARTIES”) BE LIABLE FOR:

  • LOSSES OR DAMAGES WHICH ARE NOT A REASONABLY FORESEEABLE RESULT OF ANY BREACH; AND/OR


  • INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, . THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS OR BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND/OR


ANY INCREASE IN LOSS OR DAMAGE RESULTING FROM A BREACH BY YOU OF THESE TERMS


  • THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARISE, OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES; (2) THE USE OF, OR THE INABILITY TO USE, PRODUCTS PURCHASED ON THE WEBSITES; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, 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.

Indemnification

Except where otherwise inapplicable or prohibited by applicable law, to the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Athletic Greens Parties 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 arising out of your breach of these Terms or the documents incorporated by reference, or your violation of any applicable law or the rights of a third party.

Termination of Websites

Athletic Greens may, in its sole discretion, and at any time, terminate or suspend its operation of the Websites or your use of the Websites, if Athletic Greens reasonably believes that you have breached any of these Terms. Following termination, you will not be permitted to use the Websites and Athletic Greens may, in our discretion, cancel any outstanding orders for any Products.

Dispute Resolution

In this paragraph, “Claim” means any dispute between you, Athletic Greens, and/or any involved third party relating to your account, your relationship with Athletic Greens, or these Terms. This includes any claims that relate in any way to your use of the Products, your attempted use of the Products, and any act or omission by Athletic Greens or any third party related to your use or attempted use of the Products.


Mandatory Pre-Dispute Procedures.
 You agree that before initiating any Claim) against Athletic Greens, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by post to 43 Overstone Road, London England W6 OAD.


Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, shall be governed in accordance with the laws of England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction over any dispute (including any non-contractual disputes or claims).

Privacy

In addition to these Terms of Use and Conditions for Sale, your purchase of Products through the Websites is subject to our Privacy Policy, which is incorporated herein by reference. Acceptance of these Terms is not intended to amount to consent for the processing of your personal data, the personal data we collect and the way in which we use it are detailed in our Privacy Policy.

Remedies for Athletic Greens

Notwithstanding anything to the contrary contained in these Terms, in order to avoid irreparable injury to Athletic Greens, in the event of any breach or threatened breach by you of these Terms, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in these Terms shall be construed as prohibiting Athletic Greens from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Trademark Notices

ATHLETIC GREENS® is a trademark of Athletic Greens (USA), Inc. All other trademarks and service marks displayed on the Websites are the property of Athletic Greens or their respective owners. You may not use or display any trademarks or service marks owned by Athletic Greens without Athletic Greens’ 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.

Copyright Policy

It is Athletic Greens’ policy to respect the copyright and intellectual property rights of others. Athletic Greens may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Athletic Greens may terminate your access if we reasonably believe you are infringing the copyright or other intellectual property rights of others. Further, if you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact us electronically by contacting our customer happiness team or by calling a customer happiness service representative at +44 20 3004 2658 andsetting out a description of the copyrighted work you believe is being infringed.

Other Important Terms

Athletic Greens may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. We will tell you in writing if this happens and we will ensure that the assignment, transfer or sub-contracting will not affect your rights under these Terms.


If any part of these Terms is held to be invalid under applicable law, the invalidity of such part of these Terms will not affect the validity of the remaining portions.


You acknowledge and understand that if Athletic Greens is unable to provide the Products as a result of an event outside of its control, Athletic Greens will not be in breach of any of its obligations to you under these Terms.


Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Athletic Greens.

No delay by Athletic Greens in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Athletic Greens’ ability to subsequently exercise that right or remedy.

These Terms (together with any terms incorporated by reference herein) constitute the entire agreement between you and Athletic Greens relating to the subject matter herein. Any waiver must be agreed to by Athletic Greens in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

Contact Us

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