DrinkElevaid.com

Terms of Use

Last Updated: March 01, 2022

Welcome to DrinkElevaid.com. Please read these terms carefully and keep a copy of them for your reference.

These Terms of Use (“Terms”) govern all use of the DrinkElevaid.com website (the "Site") which is comprised of various web pages operated by Smash Your Day, LLC ("DrinkElevaid"). These Terms constitute a legal binding contract which govern your use of this Site. By accessing, viewing, visiting or using this Site you accept and agree to be bound by these Terms. If you do accept any of these Terms, please do not use this Site. Smash Your Day, LLC and DrinkElevaid.com reserves the right to modify or revise these Terms at any time by posting updates to this page. You will be deemed to have accepted these modifications or revisions by continuing to use the Site. If any modification or revision is unacceptable to you, your sole remedy is to discontinue use of this Site. 

DrinkElevaid.com is an e-commerce website. This Site sells and distributes Feel Great Elevaid powdered dietary supplements (“Products”). You understand and agree that the Site undergoes frequent changes, and that DrinkElevaid.commay require that you accept any updates to the Site in order to continue using the Site. You understand and agree that DrinkElevaid.com may update the Site without notifying you.

Privacy

Your use of this Site is subject to DrinkElevaid.com’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Ownership

You agree that all content on this Site, including without limitation all information, text, graphics, logos, videos, images, as well as the compilation thereof, and any software used on the Site (the “Content”), is the property of Smash Your Day, LLC or its licensors and is protected by United States and international copyright laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not copy, modify, reproduce, transmit, sell or redistribute such Content without our prior written permission. 

Use of the Site

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Site for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies that you may make. Additional terms and conditions may apply to your purchase or use of any Products and services offered through this Site. Please review these terms and conditions before your use of any such Products and services.

As a condition of your use of the Site, you warrant to DrinkElevaid.com that you will not: 1) use the Site for any purpose that is unlawful, tortious, abusive, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, objectionable or offensive, or otherwise prohibited by these Terms; 2) solicit, collect or store personal data about other users; 3) use the Site for any commercial purpose not expressly approved by Smash Your Day, LLC in writing; 4) upload, post, email or otherwise transmit any material that contains viruses, adware, spyware, or any other computer code, cookies, files or programs which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site; and 5) obtain or attempt to obtain unauthorized access to the Site, the servers or networks connected to the Site by any means.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. The Content on the Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. 

Posting Policy

From time to time you may be able to post, upload or submit written comments, photos or other materials to the Site (“User Content”). By using these features, you agree that you will not post any User Content that is unlawful, tortious, abusive, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, objectionable or offensive, or otherwise prohibited by these Terms; that you will not post any User Content that contains personal information about any individual or violates the privacy/publicity of any individual or entity; that you will not impersonate any person or organization or misrepresent an affiliation with another person or organization; and you will not post any User Content that contains viruses, adware, spyware, corrupted files or other similar software or programs that may adversely affect the operation of the Site. DrinkElevaid.com may delete all User Content associated with you at any time and without notice, if DrinkElevaid.com determines that you have violated these Terms, the law, or for any other reason in its sole and absolute discretion. Furthermore, DrinkElevaid.com reserves the right to permanently restrict access to the Site. Without limiting the foregoing, DrinkElevaid.com reserves the right to modify, edit, refuse to post or remove any User Content, or request that you to modify or edit your User Content if it receives a complaint or notice of allegedly infringing material, if the User Content violates these terms, or for any other reason.

DrinkElevaid.com does not claim ownership of the User Content you provide to the Site. However, by posting, uploading, inputting, providing or submitting User Content you hereby grant DrinkElevaid.com, our affiliated companies and necessary sublicensees a nonexclusive, sublicensable, worldwide, royalty free license to use your User Content in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reform your User Content in any and all media, and to publish your name, likeness, or photo in connection with your User Content. No compensation will be paid with respect to the use of your User Content as provided herein.  

By posting, uploading, inputting, providing or submitting your User Content you warrant and represent that you own or otherwise control all of the rights to your User Content, and otherwise have the right to grant the license set forth herein, and that posting, displaying or publishing any of your User Content and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, or any other intellectual property or other rights of any person or entity. 

Testimonials, Reviews, and Pictures/Videos

Smash Your Day, LLC ("DrinkElevaid.com") is pleased to hear from users and customers and welcomes your comments regarding our services and products. DrinkElevaid.com may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to DrinkElevaid.com’s services or products, in printed and online media, as DrinkElevaid.com determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you or others may have using our services or products. Note that testimonials, photographs, and other written or verbal information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you hereby grant DrinkElevaid.com a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them in whatever medium DrinkElevaid.com determines at its sole discretion.

Additionally, DrinkElevaid.com reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. DrinkElevaid.com shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

Product Purchases

DrinkElevaid.com offers its Products for purchase on the Site. You may purchase Products by completing the order form on the site. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or Products purchased per person, per household, or per order. In the event we make a change to or cancel an order, we may attempt to notify you using the email address, billing address and/or phone number you provided at the time the order was made.

Pricing

Prices for Products are subject to change without notice. All prices are in US dollars, and are exclusive of any applicable local, state or federal taxes. Shipping fees, if any, will be disclosed to you prior to submitting your order.

Payment

All payments made through the Site are processed using a third-party processor. You acknowledge that Smash Your Day, LLC is not liable for any breaches of credit card or debit card security by such third-party processors. You agree to pay all charges from Smash Your Day, LLC incurred by users of your credit card, debit card, or other method of payment. 

Shipping

DrinkElevaid.com will ship Products purchased through its Site to the address provided in the shipping address section of the online order form. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. Products will only be shipped to addresses located within the 48 contiguous United States, and Alaska. 

Cancellation/Refund Policy

If you are unhappy with your order of any Product(s), then you may return your order within 30 days of purchase for a full refund and zero hassle. Please contact us at Support@smashyourday.com to initiate a refund. 

Links to Third Party Sites/Third Party Services

This Site may contain links to third party websites or services ("Linked Sites"). The Linked Sites are not under the control of DrinkElevaid.com and DrinkElevaid.com is not responsible for the contents, advertising, products or other materials available on any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DrinkElevaid.com is providing these links to you only as a convenience, and the inclusion of any link to a Linked Site does not imply endorsement by DrinkElevaid.com of the Linked Site or any association with its operators. You acknowledge and agree that DrinkElevaid.com is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or content available on any Linked Site.

Certain services made available on the Site are delivered by third party sites and organizations. By using any third party product, service or functionality originating from the DrinkElevaid.com domain, you acknowledge and consent that DrinkElevaid.com may share such information and data with any third party with whom DrinkElevaid.com has a contractual relationship to provide the requested product, service or functionality on behalf of DrinkElevaid.com users and customers. However, you hereby acknowledge that DrinkElevaid.com does not take any responsibility for the goods or services provided by the advertisers on this Site. Your dealings with, or participation in promotions of any third party advertiser or provider of goods and services found on this Site, are solely between you and such third-party advertiser or provider.

Use of Communication Services

The Site may contain chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with DrinkElevaid.com, the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

DrinkElevaid.com has no obligation to monitor the Communication Services. However, DrinkElevaid.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DrinkElevaid.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DrinkElevaid.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, inDrinkElevaid.com's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DrinkElevaid.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, DrinkElevaid.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DrinkElevaid.com spokespersons, and their views do not necessarily reflect those of DrinkElevaid.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Electronic Communications

Visiting the Site, using the chat function on the Site or sending emails to DrinkElevaid.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Age Requirement

DrinkElevaid.com and Smash Your Day, LLC does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under the age of 18, you may use this Site only with permission of a parent or guardian.

International Users

The Site is controlled, operated and administered by Smash Your Day, LLC from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnity

You agree to indemnify, defend and hold harmless Smash Your Day, LLC, its officers, directors, employees, owners(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit (including reasonable attorney’s fees) relating to or arising out of your use of this Site, or your breach of any representations, warranties, covenants or obligations contained in these Terms. Your indemnity obligation includes, but is not limited to, any third party claim against Smash Your Day, LLC for liability for payments for, damages caused by, or other liability relating to you. 

Arbitration and Attorney Fees

Any claim or grievance of any kind, nature or description that you have against Smash Your Day, LLC and/or DrinkElevaid.com including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against Smash Your Day, LLC or DrinkElevaid.com or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and Smash Your Day, LLC. In the event that you and Smash Your Day, LLC are unable to reach agreement on an Arbitrator, you and Smash Your Day, LLC will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Bexar County, Texas. The arbitrators selected by you and Smash Your Day, LLC will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the arbitrator will be final and binding on You and Smash Your Day, LLC and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of these Terms. 

Nothing in this these Terms prevent Smash Your Day, LLC from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Smash Your Day, LLCs rights prior to, during, or following any arbitration proceeding. You agree that in the event of any arbitration or litigation, each party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either you or Smash Your Day, LLC commences an action in a court of law or equity and the responding party successfully moves such court to compel arbitration, the party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other party. 

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIMS THAT MAY ARISE UNDER, OR BE IN ANY WAY RELATED TO, THESE TERMS. THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM YOU HAVE AGAINST SMASH YOUR DAY, LLC TO BE BROUGHT ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR ON BEHALF OF OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. CLAIMS BROUGHT AGAINST SMASH YOUR DAY, LLC MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY ANYONE ELSE.  

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No Warranties/Limitation of Liability 

THIS SITE AND ITS PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SMASH YOUR DAY, LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT, PRODUCT OR SERVICE OFFERED THROUGH THIS SITE. ANY RELIANCE ON OR USE OF SUCH CONTENT SHALL BE AT YOUR SOLE RISK. SMASH YOUR DAY, LLC MAKES NO REPRESENTATION OR WARRANTY (A) THAT THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THIS SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMASH YOUR DAY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMASH YOUR DAY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

The Site may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any this Site and these Terms, these Terms shall control. 

Copyright Policy

You are responsible for complying with all copyright laws while using this Site. You agree that you will not use this Site to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works.

It is Smash Your Day, LLCs policy to respond to notices of alleged copyright infringement that comply with the Digital Millenium Copyright Act (“DMCA”). If you believe that the Content or materials available on this Site infringe any copyright you own, you or your agent may send Smash Your Day, LLC a written notice requesting that Smash Your Day, LLC remove the materials or content from the Site. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Smash Your Day, LLC a counter-notice. Notices and counter-notices should be sent to Smash Your Day, LLC, Attention Legal Department, at 17503 La Cantera Parkway, Suite 104-141, San Antonio, TX 78257, or by e-mail to support@smashyourday.com. 

Force Majeure

Smash Your Day, LLC will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in these Terms, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, pandemic, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Smash Your Day, LLC. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under these Terms. Smash Your Day, LLC shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

General

Smash Your Day, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related Products or services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho without regard to any choice of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smash Your Day, LLC as a result of these Terms or use of the Site. Smash Your Day, LLC is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Smash Your Day, LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smash Your Day, LLC with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.

Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire understanding and agreement between you and Smash Your Day, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. 

Smash Your Day, LLC may assign its rights under these Terms at any time, without notice to you. Your rights arising under these Terms cannot be assigned without Smash Your Day, LLC or its assign’s express written consent. No waiver bySmash Your Day, LLC of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. 

Changes to Terms

Smash Your Day, LLC reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms will supersede all previous versions.Smash Your Day, LLC encourages you to periodically review the Terms on this page to stay informed of our updates.

Contact Us

Smash Your Day, LLC welcomes your questions or comments regarding the Terms:

17503 La Cantera Parkway, Suite 104-141, San Antonio, TX 78257

Email Address: Support@smashyourday.com