TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

tein, L.L.C.  and their affiliates and subsidiaries (hereinafter collectively referred to as “tein,” “us,” “we,” “our,” or “Company”) has created the following Terms & Conditions of Use (“Terms & Conditions”) to apply to all users of this website, http://drinktein.com and all digital assets contained and/or products offered therein (collectively, our “Online Services” or “Services”).

These Terms & Conditions are written in the English language.  We do not guarantee the accuracy of any translated versions of these Terms.  To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.

1. GENERAL CONDITIONS

Please carefully read these Terms & Conditions before using our Services or purchasing any products through the Services. By accessing or using our Services, creating an account, or placing an order, you agree to be bound by these Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described below, our Privacy Policy, and any other policies expressly incorporated by reference, including any applicable Shipping, Returns & Refunds, and Subscription terms. If you do not agree, you must not use the Services or place an order. If you violate these Terms & Conditions, we reserve the right to deny or terminate your access to the Services, cancel orders as permitted by law, and exercise any other available legal remedies.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

1. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES

We grant you a limited, revocable, non-exclusive, non-transferable right to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party.  We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.  

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades.  We (and our licensors) remain the sole owner of all rights, title, and interest in the Services.  We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.  

1. INTELLECTUAL PROPERTY

All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws.  We reserve any and all rights to the Materials.  The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials.  Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation.  Any other use of the Materials is strictly prohibited.  You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy). 

All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners.  All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.  

1. PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa)  in any way that may be deemed a breach or violation of any of our Terms & Conditions or Privacy Policy.  We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. 

1. CHILDREN’S INFORMATION

We do not target our Services to minors who are under sixteen (16) (or a higher age threshold where applicable).  You agree that you are not under sixteen (16) years of age.  We do not intend to collect or process any Information from anyone under the age of sixteen (16).  If we become aware that a user is under sixteen (16)  (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information.  Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of sixteen (16).

1. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

1. Errors, Inaccuracies, & Omissions 

Our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, nutrition information, pricing, promotions, availability, or other content. We use commercially reasonable efforts to keep information current, but product packaging and labeling should be reviewed before use and will control in the event of an inadvertent discrepancy, except where applicable law requires otherwise.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time. If an error affects an order you have already placed, we may cancel or modify the order only as permitted by applicable law and, if payment has been captured for a cancelled item, we will issue an appropriate refund to the original payment method.

We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

1. Links to the Services

You may not create a link to any page of our Services without our prior written consent.  If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.

1. Links on the Services

Our Services might include links to other websites, mobile applications, or social media platforms.  We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms.  Please review carefully other parties website’s policies and practices and make sure you understand them before you engage in any transaction.  Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

1. WARRANTY DISCLAIMER

OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.  YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM OR (B) FIVE HUNDRED DOLLARS ($500). NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE CONSUMER-PROTECTION OR PRODUCT-LIABILITY LAW.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. ELECTRONIC COMMUNICATONS & E-SIGN CONSENT

By using the Services, placing an order, or communicating with us electronically, you consent to receive communications from us electronically, including agreements, disclosures, notices, receipts, and other information. You agree that all such communications satisfy any legal requirement that such communications be in writing.

1. ACCOUNT REGISTRATION & SECURITY

To access certain features, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update your information

• Maintain the confidentiality of your login credentials

• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or present security concerns.

1. PRODUCTS, ORDERS & AVAILABILITY

A. Product Information & Availability

All product descriptions, pricing, promotions, and availability are subject to change without notice. We reserve the right to discontinue any product at any time.

We attempt to display product attributes accurately, but we do not guarantee that product images or colors will be exact.

B. Order Acceptance

Your receipt of an order confirmation does not constitute acceptance of your order. We reserve the right to:

• Refuse or cancel any order

• Limit quantities

• Correct pricing errors

• Cancel orders due to suspected fraud or unauthorized activity

If we cancel an order after payment has been processed, we will issue a refund to the original method of payment.

1. SHIPPING, TITLE & RISK OF LOSS

Shipping dates are estimates only. We are not liable for delays caused by carriers or events outside our control.

Title and risk of loss pass to you upon delivery to the carrier, unless otherwise required by applicable law.

1. RETURNS & REFUNDS

Due to the perishable nature of beverage products, returns may be limited. If your product arrives damaged or defective, you must notify us within 7 days of delivery.

We may require:

• Photographic evidence

• Batch or lot number information

• Return of the product (where applicable)

Refunds or replacements are issued at our discretion and in accordance with applicable law.

1. HEALTH & NUTRITION DISCLAIMER

Statements regarding our products have not been evaluated by the U.S. Food and Drug Administration unless expressly stated. Our products are not intended to diagnose, treat, cure, or prevent any disease.

Nutritional information is provided for general informational purposes only. You should consult a qualified healthcare professional before consuming any product if you have medical conditions, allergies, or dietary restrictions.

1. GOVERNING LAW

The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Florida without reference to any conflict of law rules.

You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

1. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

1. Arbitration Notice  

You and tein agree that any dispute or claim arising out of or relating to the Services, Products, these Terms & Conditions, or the Privacy Policy (except Exempt Claims defined below) will be resolved by confidential, binding, individual arbitration, rather than in court, after the claimant first provides written notice of the dispute and the parties have thirty (30) days to attempt informal resolution. Notice to the Company must be sent to tein, L.L.C., 777 South Flagler Drive, West Palm Beach, FL 33401 and must reasonably describe the nature and basis of the claim and the relief sought.

If the dispute is not resolved within thirty (30) days after receipt of the Notice, either party may commence arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules then in effect, as applicable. The arbitration will be conducted by one neutral arbitrator. Fees and costs will be allocated as required by the applicable AAA rules and applicable law.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The AAA will administer the arbitration under its Consumer Arbitration Rules then in effect, as applicable. Any hearing involving a consumer will occur at a location reasonably convenient to the consumer, by video or telephone, or on written submissions, as permitted by the applicable AAA rules and the arbitrator.

The arbitration shall be held in the State of Florida or at another mutually agreed location.  If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer.  If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law.  The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below).  If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause.  The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change.  Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER:  YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  

EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to arbitration subject to the following conditions: 

1. You or we are not required to arbitrate a claim brought on an individual basis in small-claims court.  However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in arbitration under the terms of this arbitration provision. 

2. You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights.  Such a claim may be brought in any court of competent jurisdiction.  You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy.  The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy. 

OPT OUT:  You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) via email at support@drinktein.com, or (b) by mail to 777 South Flagler Drive, West Palm Beach, FL 33401.  Include your name, address and date in the correspondence.  This is the only way you can opt-out.

1. Claims and Disputes Must be Filed Within One (1) Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises.  This section applies to you and your heirs, successors, and assigns.

1. SEVERABILITY

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

1. TERMINATION

These Terms & Conditions are effective until terminated.  We may terminate this agreement at any time without notice to you and may deny you access to our Services.

1. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless tein and its affiliates, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from third-party claims, liabilities, damages, losses, costs, and reasonable attorneys' fees to the extent arising from your material breach of these Terms & Conditions, your unlawful misuse of the Services, or your violation of the rights of a third party. This obligation does not apply to the extent a claim results from our gross negligence, willful misconduct, or violation of applicable law. We may assume control of the defense of any matter subject to indemnification, and you will reasonably cooperate in the defense. You may not settle any such claim on our behalf without our prior written consent.

1. NO THIRD-PARTY BENEFICIARIES

There are no third-party beneficiaries to the Terms & Conditions.  We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets. 

1. FORCE MAJEURE

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, supply chain disruptions, labor disputes, governmental actions, war, terrorism, or interruptions in transportation or utilities.

1. ENTIRE AGREEMENT

These Terms & Conditions, together with our Privacy Policy and any policies or disclosures expressly incorporated by reference, constitute the entire agreement between you and the Company concerning your access to and use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

1. CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings.  If we modify our Terms & Conditions, such changes will be effective upon posting.  It is your obligation to check our current Terms & Conditions for any changes.   These Terms & Conditions may only be modified in writing.  Any ambiguities in the interpretation will not be construed against the drafter.   

1. HOW TO CONTACT US 

If you have any questions about these Terms & Conditions, please contact us at the following: 

Email: support@drinktein.com

Phone: (561) 802-7990‬‬‬‬‬‬

Address: 777 South Flagler Drive

West Palm Beach, FL 33401

Last Updated: September 3, 2026