1. Terms and Conditions

These Terms of Use apply to https://drinkflowt.com. The Site is the property of Alternative Beverage Bros. LLC (the “Company,” “us,” “our,” “we” and/or Flowt), and its affiliates, subsidiaries, parent company, and other related companies. The Company operates the Site, an online e-commerce platform connecting lawfully compliant Users and providing educational information to lawfully compliant Users (the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you”, “your” and “User” refer to you, a user of our Site and/or Services.

At the Company, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://drinkflowt.com/pages/privacy-policy (the “Privacy Policy”). By using the Site or Services, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING
TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.


PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT
TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO
ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS
YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE
COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL
ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE,
AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT

BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY
OR IN A COURT OF LAW.


1. IMPORTANT DISCLAIMERS.
1.1 Acknowledgement of Applicable Laws:  THE PRODUCTS DISPLAYED AND
AVAILABLE FOR SALE ON THIS SITE (1) ARE HEMP-DERIVED CANNABINOID
PRODUCTS THAT COMPLY WITH THE FEDERAL LEGAL LIIMIT CONTAINING
NO MORE THAN ZERO AND THREE-TENTHS (0.3%) DELTA-9
TETRAHYDROCANNABINOL (THC), (2) DO NOT CLAIM TO DIAGNOSE, TREAT,
MITIGATE, CURE, OR PREVENT ANY DISEASE, AND (3) HAVE NOT BEEN
EVALUATED OR APPROVED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION (FDA) FOR SAFETY, EFFICACY, EFFECTIVENESS, OR
QUALITY. You expressly acknowledge that you are familiar and assume full
responsibility for cooperating and complying with all laws regarding the use, possession and consumption of the products on the Site in your state and local municipality. You are responsible for ensuring that your use of the Site and Services is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations you may maintain or enter into with applicable third-parties. User expressly acknowledges that the products available for sale on the Site not been approved by the FDA and such fact shall not constitute a breach of any term, provision, or obligation herein, and User hereby expressly waives and relinquishes any rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, such fact.


1.2 Use. The Site and the Service is controlled and operated by the Company. The
Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in Your location. Your use of or access to the Service should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than North Carolina.


THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT
LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN
SECTIONS 8 AND 9 OR ELSEWHERE IN THIS AGREEMENT.


2. ACCESS TO AND USE OF THE SITE AND/OR THE SERVICE.


2.1 Eligibility. IN ORDER TO USE AND ENJOY THE SITE AND/OR THE SERVICE,
YOU MUST BE 21 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF
21 PLEASE IMMEDIATELY CEASE YOUR USE OF THE SITE.


2.2 Your Registration Obligations. You may register with the Company or provide
information about yourself (e.g., name and email address) in order to access and use certain features of the Site or Services. If you choose to register for the Site or Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Site’s or Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy.


2.3 Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site or Services. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph


2.4 Modifications to Services. The Company reserves the right to modify or
discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services.


2.5 General Practices Regarding Use and Storage. You acknowledge that the
Company may establish general practices and limits concerning use of the Site or
Services, including the maximum period of time that data or other content will be
retained by the Site or Services and the maximum storage space that will be allotted on the Company’s or its third-party services providers’ servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site or Services. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


3. SITE.


3.1 License. Subject to the terms of this Agreement, Company grants you a non-
assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Site and Services for your personal and, only where expressly permitted, internal business use.


3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.


3.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.


3.4 Ownership; Restrictions. You acknowledge that all the intellectual property rights in the Site and Services, including any technology and software underlying the Site and Services, are owned by the Company or the Company’s licensors. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in any of the technology or software underlying the Site and Services.


3.5 Service Content. You acknowledge and agree that the Site or Services may
contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site, Services or Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Site or Services in accordance with this Agreement. Any use of the Site, Services or Service Content other than as specifically authorized herein is strictly prohibited.


3.6 Trademarks. The Company name and logos (including but not limited to the
trademarks Flowt, Drink Flowt, and associated logos) are trademarks and service marks of the Company (collectively, the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Site or Services may be
trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Site or Services, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.


3.7 User Content. You are solely responsible for all information, data, text, messages, and other materials (“content”) that you make available to the Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Services or by emailing or otherwise making available to other users of the Site or Services (collectively, “User Content”). You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant the Company and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Site or Services and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Company and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, or the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.


3.8 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Site or Services, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.


4. COMMUNICATIONS.


4.1 Email Communication. You agree that we may send you emails concerning our
products and services, as well as those of third parties, and you may send emails to our designated email addresses (the “Email Communication”). You may opt-out of
promotional emails by following the unsubscribe instructions in a promotional email.


4.2 Feedback. If you provide the Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to the Company all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non- proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

5. CONDITIONS OF ACCESS AND USE.
The following sets forth Company’s acceptable use policy (collectively, the “Acceptable Use Policy”):


5.1 Technological Restrictions. You agree not to use the Site or Services to: (a)
upload, transmit, or distribute any content that (i) infringes any intellectual property or other proprietary rights of any party, (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships, (iii) contains computer viruses, worms, or any software intended to damage or alter a computer system or data, (iv) poses or creates a privacy or security risk to any person, (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable, or (vi) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or Services,or which may expose the Company or its users to any harm or liability of any type; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks; (e) attempt to or impersonate another user or us or gain unauthorized access to the Site or Services, other computer systems, or networks connected to or used together with the Site or Services, through password mining or other means; (f)
harass or interfere with another user’s use and enjoyment of the Site or Services; (g)
introduce software or automated agents or scripts to the Site or Services so as generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Site or Services; (h) violate any applicable local, state, national, or international law, or any regulations having the force of law; (i) solicit personal information from anyone under the age of 18; (j) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (k) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (l) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Site or Services; or (m) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Site or Services,
including through the use of virtual private networks.


5.2 Monitoring, Suspension, and Termination. We reserve the right (but have no
obligation) to review any Email Communication (including any image files or other
attachments), investigate, and/or take appropriate action against you in our sole
discretion (including terminating your access to the Site and/or Service in accordance with Section 10 and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other
provision of this Agreement or otherwise create liability for us or any other person.

5.3 Competitors. No employee, independent contractor, agent, or affiliate of any
company that providing products that compete with the Company’s products is
permitted to view, access, or use any portion of the Site or Services without express written permission from the Company. By viewing, using, or accessing the Site or Services, you represent and warrant that you are not a competitor of the Company or any of its affiliates, or acting on behalf of a competitor of the Company in using or accessing the Site or Services.


5.4 Fees. To the extent the Services or any portion thereof is made available for any
fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with the Company or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize the Company (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that the Company charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change the Company’s prices. You will be responsible for all taxes associated with the Service, other than taxes based
on the Company’s net income.


5.5 Payment Processing. Notwithstanding any amounts owed to the Company
hereunder, THE COMPANY DOES NOT PROCESS PAYMENT FOR ANY SERVICES.
To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to this Agreement, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Company assumes no liability or responsibility for any payments you make through the Service.


5.6 Refunds and Cancellations. Payments made by you hereunder are final and non-refundable, unless otherwise determined by the Company. You may cancel your subscription online at any time within the “Manage Subscriptions” section of your account with the Site that can be accessed at https://drinkflowt.com Orders that for products purchased on the Site that have already been processed prior to cancellation of a subscription may not be canceled.


5.7 Commercial Use. Unless otherwise expressly authorized herein or in the Site or
Services, you agree not to display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell, resell, grant access to,
transfer, or otherwise use or exploit any portion of the Site or Services for any
commercial purposes. The Site and Services are for your personal use.


6. INDEMNITY.

To the extent permitted under applicable law, you agree to indemnify and hold the
Company (and its subsidiaries, affiliates, officers, employees, and agents) harmless
from any and all losses, damages, liabilities, claims, actions, judgments, awards,
penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services; (ii) your use or misuse of Linked Sites; (iii) your violation of this Agreement; and/or (iv) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


7. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; OTHER
USERS; RELEASE.


7.1 Third-Party Links. The Site or Service might display links to other websites on the Internet that are owned or operated by third parties (the “Third-Party Links”). All Third- Party Links are included or displayed exclusively for the convenience of Users. The Company does not ENDORSE, REVIEW, MONITOR, MAINTAIN OR CONTROL any websites that is directed through Third-Party Links (the “Linked Sites”), and the Company is not responsible for Linked Sites, including but not limited to their contents, products, and services offered thereby. Users acknowledge and agree to take full and exclusive responsibility and not hold the Company responsible for linking to Linked Sites, such responsibility includes but not limited to all liabilities, decisions, and/or consequences associated with the Users’ accessing the Linked Sites.


7.2 Third-Party Interactions. During use of the Site or Service, you may enter into
correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers through the Service. In particular, the Company is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The Company shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third-party you interact with through the Service.


7.3 Third-Party Materials. The Site or Services might display, include, or make
available third-party content (including data, information, articles, applications, or other products, services and/or materials) services, and advertisements for third parties, including pricing and descriptions of products or services (collectively, “Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.


7.4 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.


IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.


8. DISCLAIMERS.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND
SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY
THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE
OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


9. LIMITATION ON LIABILITY.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR
LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE
ARISING FROM OR RELATING TO (A) THIS AGREEMENT, (B) YOUR USE OF, OR
INABILITY TO USE, THE SITE OR SERVICES, (C) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, (D) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SITE
OR SERVICES.


ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING
THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES
ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE
THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.


SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR

SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
IF ANY PORTION OF THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”,
“DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” IS
DETERMINED, IN A FINAL AND BINDING ORDER OF A COURT OR ARBITRATOR
(AS APPLICABLE) HAVING JURISDICTION OVER THE MATTER, TO BE INVALID
UNDER APPLICABLE LAWS FOR ANY REASON, THE INVALIDITY OF SUCH
PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF
THE APPLICABLE SECTIONS.


10. TERM AND TERMINATION.


Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement by Us, your right to access and use the Site and Services will terminate immediately. We will not have any liability whatsoever to you or any third party for any termination of this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or Services, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without
notice. You agree that any termination of your access to the Services under any
provision of this Agreement may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1, 6, 7.4, 9, 10 and 12.


11. COPYRIGHT POLICY.


11.1 Copyright Complaints. We respect and adhere to copyright law and expect Users of the Site and Service to do the same. If you believe that any content on the Site infringes copyright, please notify us immediately. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at info@drinkflowt.com  (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:

602 N Mangum St

Durham, NC 27701



To be effective, the notification must be in writing and contain the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Site or Services, with enough detail that we may find it on the Site or Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

11.2 Counter-Notice. If you believe that your User Content that was removed (or to
which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  •  your physical or electronic signature;
  •  identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  •  a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
  •  your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in the Eastern District of North Carolina and a statement that you will accept service of process from the person who provided notification of the alleged infringement.


If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing them that the Company may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against the Company or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.


11.3 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, the accounts of users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


12. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION
WAIVER, AND FORUM SELECTION CLAUSE.


12.1 Agreement to Arbitrate. This Section 12 is referred to in this Agreement as the
“Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Site, the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.


12.2 Arbitration Rules and Forum. This Arbitration Agreement is governed by the
Federal Arbitration Act in all respects. Arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and
counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be
subject to JAMS’s most current version of the Streamlined Arbitration Rules and
procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive
Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-
comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com
(under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based onwritten submissions, or in person in the country where you live or at another mutually agreed location.

12.3 Arbitrator Powers. The arbitrator, and not any federal, state, or local court or
agency, shall have exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability or formation of this Arbitration Agreement
including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would
have. The arbitrator’s decision is final and binding on you and the Company.


12.4 Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A
JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims
and disputes resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.


12.5 Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE
THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND
AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR
REPRESENTATIVE BASIS. UNLESS BOTH YOU AND THE COMPANY AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN
ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE
OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY
TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S),
EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY
AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT
REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS
OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR
LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER.

12.6 Pre-Arbitration Dispute Resolution. We are always interested in resolving
disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at
info@drinkflowt.com  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 13.6 below. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.


12.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.


12.8 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection 12.5 above titled “Waiver of Class or Consolidated Actions” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 12.5 above titled “Waiver of Class or Consolidated Actions” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.


12.9 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if it makes any future change to this
Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in the Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to these Terms).


13. GENERAL.


13.1 No Support or Maintenance. You acknowledge and agree that we will have no
obligation to provide you with any support or maintenance in connection with the Site or
Services.

13.2 Changes to This Agreement. We may amend this Agreement at any time in our
sole discretion. If we do so, we will post the modified Agreement. The modifications will be effective immediately following a notice to you either through use of (and entry to) the Site, the Service user interface, a pop-up notice, email, or through other reasonable means. You agree to review this Agreement periodically so that you are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.


13.3 Copyright/Trademark Information. The Company reserves all rights with respect to the Company Trademarks. You acknowledge and agree that You are not permitted to use any third-party marks displayed on our site without prior written consent from the owners of such third-party marks.


13.4 Miscellaneous. This Agreement constitutes the entire agreement between you
and us regarding the use of the Site and Services. This Agreement will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Company submit to the personal and exclusive jurisdiction of the state and federal courts located within Durham, North Carolina. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by the Company of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and the Company. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may assign or transfer this Agreement, in whole or in part, without restriction. The terms of this Agreement shall be binding upon assignees. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Site or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notices to you may be made via either email or regular mail. The Site or Services may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Site or Services. The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire,
sabotage, fluctuations or unavailability of electrical power, network access or
equipment, or any other circumstances or causes beyond the Company’s reasonable control.


13.5 Notice for California Users. Under California Civil Code Section 1789.3, users of the Site or Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the contact information provided in Section 13.6 below.

13.6 Our Contact Information.



Email: info@drinkflowt.com 


Please check back periodically for updates.

  1. Privacy Policy

This “Privacy Policy” applies to  https://drinkflowt.com (“Site”), which is owned and operated by Flowt(“Company” or “we” or “us”). We recognize and respect your privacy. This Privacy Policy explains how we collect, use and disclose personally identifying information (“Personal Information”) gathered through the Site. 

While this Privacy Policy may reference aspects of our other terms and agreements, use of the Site is subject to our Terms of Use, online policies, and any other end customer terms. All online terms are located at: [INSERT TC WEBSITE] and such terms, including any signed terms between us and you, are referred to collectively as “Terms.” Capitalized terms used but not defined in this Privacy Policy have their meaning set forth in the various agreements within the Terms. 

We reserve the right to change this Privacy Policy from time to time without notice to you. You should check here periodically to review the current Privacy Policy, which is effective as of the revision date listed above. Your use of the Site and submission of any information, including Personal Information, to us constitutes acceptance and understanding of this Privacy Policy. THE SITE IS ONLY FOR USE BY INDIVIDUALS OVER THE AGE OF 21. IF YOU ARE UNDER THE AGE OF 21 PLEASE IMMEDIATELY CEASE YOUR USE OF THE SITE. THIS PRIVACY POLICY GOVERNS INDIVIDUALS OVER THE AGE OF 21 AND THE SITE AND OUR SERVICES ARE ONLY INTENDED FOR INDIVIDUALS OVER THE AGE OF 21.

Types of Information & Personal Information Collected Through the Site
In connection with your access to and use of our Site, we may collect, store and process, on your and/or your organization’s behalf, any data (including Personal Information) transmitted to us.
We may also collect data, including Personal Information, directly from you or your organization through the Site such as:

  • Your contact information (such as name, address, email address and phone number);
  • Personal information contained in legal agreements (such as invoices and orders);
  • Information posted by you to the Site (such as comments, reviews, suggestions, feedback, opinions, or media); and
  • Any other Personal Information you submit to us (such as gender, birth date, social media handles, and your location) in the form of an email or via any function within the Site (e.g., contact forms, Wholesale Portal, Affiliate Program, etc.).

Types of Uses of Information & Personal Information
We collect, store and use the information as well as Personal Information you provide to us in various ways always in accordance with this Privacy Policy and as follows:

  • To provide the Site;
  • To process product orders received through the Site or other ways you communicate them to us (e.g., email, phone);
  • To evaluate business opportunities;
  • To effectuate or enforce a transaction or agreement;
  • To adjust offerings or services provided by us to you;
  • To provide you with information about our products and services that we believe you may find of interest, including to send you mailing lists, and marketing and promotional e-mails;
  • To authenticate visitors to the Site;
  • To generate de-identified and aggregated statistics data for any lawful purpose and as specified in the Terms;
  • To be able to respond to requests or inquiries, and for similar, customer-service-related purposes;
  • We may automatically collect through the Site information that is often not personally identifying, such as the website from which visitors came to the Site, Site visitors’ IP address, browser type and other information relating to the device through which they access the Site. We may combine this information with the Personal Information we have collected from you; and
  • To improve the Site and offerings or services provided by us and to better understand how users access and use the Site and offerings provided by us.
  • For clarity, we do not make any warranty, express, implied or otherwise, that we will be able to prevent loss, misuse, unauthorized access to, or alteration of personally identifiable information you provide to us. You make any disclosure of personally identifiable information to us at your own risk.


Types of Sharing of or Disclosures of Personal Information
We may share or disclose Personal Information to third parties for the following purposes:

  • To third parties in aggregated, or non-personally identifying, forms of information about our Site users for marketing, advertising, research or other reasonable business purposes;
  • To provide you with information relating to products or services that we believe you may find of interest;
  • In response to a subpoena or other legal process by a governmental entity or third party, or if otherwise required by law;
  • To protect or enforce our rights including with respect to our assets and properties;
  • In the event of the sale or dissolution (bankruptcy) of assets, in whole or in part, of our business or any of its affiliates;
  • To third parties involved in the process of fulfilling orders, providing, or performing functions on our behalf (e.g., such as third-party service providers, contractors, payment processors, banks, and collection agencies); and
  • To provide products or services requested.

Cookies, Beacons and Analytics
Our Site may use technology, or those of third-party service providers, such as cookies, web beacons (clear GIFs, web bugs) and similar technologies to track user activity and collect site data. We may combine this data with the Personal Information we have collected from you.

Cookies
We (including our chosen third-party service providers) may use cookies to track visitor activity on the Site. A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. Our cookies assign a random, unique number to each visitor’s computer. They do not contain information that would personally identify the visitor, although we can associate a cookie with any identifying information that is or has been provided to us while visiting the Site. We use cookies that remain on your computer for a specified period of time or until they are deleted (persistent cookies). We may also use cookies that exist only temporarily during an online session (session cookies) – these cookies allow us to identify you temporarily as you move through the Site. Most browsers allow users to refuse cookies but doing so may impede the functionality of some portions of our Site.

Web Beacons
Web beacons are tiny graphics with a unique identifier, similar in function to cookies, that are used to track the online movements of Web users. In contrast to cookies, which are stored on your computer’s hard drive, Web beacons are embedded invisibly on webpages and may not be disabled or controlled through your browser.

Third Parties
We may also engage third parties to track and analyze Site activity on our behalf. To do so, these third parties may place cookies or web beacons to track user activity on our Site. We use the data collected by such third parties to administer and improve the quality of the Site, analyze usage of the Site, and provide a more enhanced user experience on the Site, such as personalizing and delivering relevant offers and content based on user activity on the Site. We do not provide these third parties with your Personal Information.

We may use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

User Content
The Site allows users to post information. Any information that you post to the Site becomes public information and may be viewable by other users, as well as visitors to the Site. In addition, your name, as well as other optional information you choose to submit along with the information you post, will be publicly displayed along with your comment or blog. We are not responsible for the privacy of any information that you choose to post to the Site, or for the accuracy of any information contained in those postings. We cannot prevent such information from being used by others in a manner that may violate this Privacy Policy, the law, or your personal privacy. Your posting of any content to any of the Site is subject to our Terms of Use.

Third-Party Links
The Site may contain links to other, third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites. 

Email Policy
We may use your email address to communicate with you about orders you have placed, inquiries you have made about our products and services, or information you have shared with us through the Site or email. We may send you emails from time-to-time, about information that we believe may be of interest to you. We may also send you news and offers about our products and services, or those of our chosen partners.

If, at any time, you would like to stop receiving these promotional e-mails, you may follow the opt-out instructions contained in any such e-mail. Please note that it may take a few business days for us to process opt-out requests. If you opt-out of receiving emails or promotions, we still may send you e-mails to you in accordance with this Privacy Policy, as requested by you, or in reference to other customer service purposes.

Your Data Protection Rights (California Residents)
If you are a resident of California and interact with us as a consumer, you have certain rights under the California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.), including to request access to and deletion of your Personal Information (as defined in the CCPA). You may exercise these rights by contacting us at info@drinkflowt.com  . We do not sell your Personal Information, but we may allow our advertising partners to collect certain device identifiers and electronic network activity that allows them to show ads within their systems that are targeted to your interests. To opt out of having your Personal Information used for targeted advertising purposes, please visit www.aboutads.info/choices.

Children’s Privacy
We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no parts of our Site are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at info@drinkflowt.com

International Users
If you are accessing the Site from outside the United States and are providing your information directly to us (i.e. the Company is serving in a data controller role for your personal data), you are consenting to and authorizing the transfer of your information to the United States for storage, use, processing, maintenance and onward transfer of such information to other entities, regardless of their location, in accordance with this Privacy Policy and the other applicable Terms. For clarity, and as outlined in the Terms, you are also consenting to the application of United States law in all matters concerning the Site.

Personal data collected from the European Economic Area, UK and Switzerland and processed by the Company as a data controller will, for example, be transferred to and processed by us in the United States. In such instances, we shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that the transfer is consistent with an approved transfer mechanism, such as the Standard Contractual Clauses approved by the EU Commission.

Data subjects from the European Economic Area and the UK are entitled to certain rights with respect to their personal data, including the right to access, from the data controller, any personal data being processed, and to obtain more information on the purpose of processing, categories of data being processed, sharing with third parties, and other information. Data subjects for whom the Company serves as data controller can limit the Company’s use and disclosure of their personal data in a variety of ways depending on the circumstances. These choices may include selecting what data to share with us, requesting we delete data, and opting out of marketing correspondence. 


Data Privacy Framework
The Company complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. The Company adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. The Company is committed to subject to the DPF Principles all personal data received from the European Union and, as applicable the United Kingdom (and Gibraltar), in reliance on the relevant part(s) of the DPF program.  The Company maintains contracts with third parties with whom we share personal data that restrict their access, use and disclosure of personal data in compliance with our Data Privacy Framework obligations, including the onward transfer provisions, and the Company remains liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.

If you have a concern that the Company has not handled your personal data appropriately under the DPF or UK Extension, please contact us at info@drinkflowt.com  If your issue cannot be resolved directly with the Company, in compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, the Company commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from the Company, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/ for more information or to file a complaint. The services of JAMS are provided at no cost to you.

If neither the Company nor our dispute resolution provider resolves your complaint, you may be able to pursue binding arbitration through the Data Privacy Framework Panel. For more information on this option, please see Annex I of the EU-U.S.Data Privacy Framework Principles.

The Company is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). 

Please be aware that the Company may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. 

How to Contact Us
While we strive for error free performance, we cannot always catch an unintended privacy issue. As a result, we encourage your questions and comments about any privacy concerns. Please direct them to us by an email to the following: info@drinkflowt.com

  1. Disclaimer Language

For purchase and use by adults 21 years of age and older only. The products displayed and available for sale on this site are hemp-derived cannabinoid products that comply with the federal legal limit containing no more than zero and three-tenths (0.3%) delta-9 tetrahydrocannabinol (delta-9 THC). The products and statements contained in this site have not been evaluated or approved by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any diseases. Results of use may vary. Laws governing the legality, availability, and use of hemp vary by state.

  1. Shipping Policy 

Orders will be processed within two business days from the time of receipt. Orders received before 4pm EST on Friday will ship by the end of day on Tuesday. Shipment tracking information will be emailed to the address you provide.

Please email us at info@drinkflowt.com you feel your order is late or have a delivery concern. Wholesale customers please reach out to your individual sales representative. 

We proudly ship to a wide range of states across the United States. Due to local regulations limiting access to hemp-derived products, we may not be able to ship to your state. Know that we are actively working to expand our shipping capabilities so even more people can enjoy our products.