Terms of service
By using the Site, you agree to be bound by these Terms of Use for the Site (the “Terms”), including the Privacy Policy and all other terms and policies referenced or hyperlinked herein. Please read these Terms carefully before accessing or using our website (the “Site”), which is operated by OMG DRINKS LLC(“OMG Energy Drink,” “OMG Drinks,” “we”, “us” and “our”).
OMG DRINKS LLC offers this Site, including all information, tools, products, and services available from this Site or any part or content thereof (the “Services”) to you, the user, whether a browser, vendor, customer, merchant, content contributor, or otherwise, conditioned upon your acceptance of these Terms. If you do not agree to all the Terms, then you may not access or use the Site or Services.
Shopify Inc. hosts our online store and provides the online ecommerce platform to sell products and services to you. Any interaction with the Shopify ecommerce platform subjects you to the terms set forth by Shopify.
SECTION 1 – AGE OF MAJORITY
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow any of your minor dependents to use this Site.
SECTION 2 – SERVICES
We reserve the right to refuse Service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
Your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer.
SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS
We are not responsible if information on this Site is inaccurate, incomplete, or outdated. Content is provided for general information only and is used at your own risk. Information is provided “AS IS” and “WHERE IS.”
SECTION 4 – MODIFICATIONS TO SERVICE & PRICING
Prices are subject to change without notice. We may modify or discontinue the Service at any time without notice and are not liable for such changes.
SECTION 5 – PRODUCTS OR SERVICES
Certain products may be available exclusively online and in limited quantities. Returns or exchanges are governed by our Return Policy. Product images are displayed as accurately as possible; however, we cannot guarantee display accuracy on all devices.
We reserve the right to limit or discontinue products or services at any time and to refuse or cancel orders at our sole discretion, including orders that appear to be placed by resellers or distributors.
SECTION 6 – BILLING & ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information and to update such information promptly.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “AS IS” without warranties or liability. Use of such tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party websites, content, or transactions. Complaints or issues with third-party products should be directed to the third party.
SECTION 9 – USER CONTENT
We do not claim ownership of user-generated content (“User Content”). By submitting or posting User Content (including content tagged with #OMGEnergy, #OMGDrinks, or any OMG-promoted hashtag), you grant OMG DRINKS LLC a perpetual, royalty-free, worldwide license to use such content for marketing, advertising, and promotional purposes.
You waive any right to compensation, approval, or attribution. You represent that you have the legal rights to submit such content and that it does not violate any laws or third-party rights.
We reserve the right to remove User Content at our discretion.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
SECTION 11 – ERRORS & OMISSIONS
We reserve the right to correct errors or cancel orders if information is inaccurate at any time without notice.
SECTION 12 – PROHIBITED USES
You may not use the Site for unlawful purposes, to violate intellectual property rights, transmit malware, collect personal data unlawfully, or engage in abusive or deceptive behavior. Violations may result in termination of access.
SECTION 13 – DISCLAIMER & LIMITATION OF LIABILITY
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
OMG DRINKS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
In no event shall OMG DRINKS LLCor its affiliates be liable for any indirect, incidental, punitive, or consequential damages to the fullest extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless OMG DRINKS LLC and its affiliates from any claims arising from your breach of these Terms.
SECTION 15 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain valid.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us. You remain liable for obligations incurred prior to termination.
SECTION 17 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and OMG DRINKS.
SECTION 18 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States.
SECTION 19 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Site constitutes acceptance of changes.
SECTION 20 – DISPUTE RESOLUTION & ARBITRATION
Disputes shall first be submitted via email to sales@omgdrinks.com. If unresolved, disputes shall be settled by arbitration administered by the American Arbitration Association. Arbitration shall take place in Nevada, unless otherwise required by law.
SECTION 21 – CLASS ACTION WAIVER
All claims must be brought individually. You waive any right to participate in class actions against OMG DRINKS LLC.
SECTION 22 – MOBILE TERMS OF SERVICE
By opting into SMS communications, you consent to receive recurring text messages. Message frequency varies. Reply STOP to unsubscribe or HELP for assistance. Carrier rates may apply.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms should be sent to:
📧 sales@omgdrink.com