Terms & Conditions
Effective Date: December 17, 2025
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION
WHERE PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THAT ANY DISPUTE BETWEEN YOU AND PROUD AMERICAN BEVERAGES, LLC BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT, AND THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. PLEASE READ CAREFULLY.
1. OVERVIEW
These Terms of Service (“Terms”) govern your access to and use of the website, online store, products, content, and services (collectively, the “Services”) operated by Proud American Beverages, LLC (“Proud American Beverages,” “PAB,” “we,” “us,” or “our”).
Our Services are powered by Shopify Inc. (“Shopify”). Any purchases made through the Site are made directly with PAB.
By accessing or using the Services, you agree to be bound by these Terms and all policies referenced herein, including our Privacy Policy and Refund Policy. If you do not agree, you may not access or use the Services.
2. ELIGIBILITY & AGE REQUIREMENTS
General Site Use
Registration, access, and participation on the Site are restricted to individuals at least 16 years of age. We do not knowingly direct content to children under 16. If we learn that a user is under 16, we will promptly delete associated personal information.
Purchases
You must be at least 18 years of age to purchase products from the Site. By placing an order or clicking “Complete Order,” you represent and certify that you are at least 18 years old and legally capable of entering into binding agreements.
Certain products, including energy drinks, are intended for adults only and may not be purchased or consumed by minors.
Parental Controls
Pursuant to 47 U.S.C. § 230(d), we notify you that parental control protections are commercially available to assist in limiting access to material that may be harmful to minors. More information is available at:
https://www.consumer.ftc.gov/articles/0029-parental-controls
3. ONLINE STORE TERMS & GENERAL CONDITIONS
You may not use the Services for any unlawful or unauthorized purpose, including violating applicable laws or regulations.
You may not transmit viruses, malware, or any code of a destructive nature. A violation of these Terms may result in immediate termination of your access to the Services.
We reserve the right to refuse service, cancel orders, limit quantities, or restrict access to the Services at any time and for any reason.
Content you submit (excluding payment information) may be transmitted unencrypted across various networks. Payment information is encrypted during transmission.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
4. PRODUCTS & HEALTH DISCLAIMERS
We attempt to display products accurately; however, colors, packaging, and appearance may vary due to device settings or manufacturing differences.
No Medical Advice
Our products are not intended to diagnose, treat, cure, or prevent any disease. Statements regarding ingredients or nutritional content have not been evaluated by the U.S. Food and Drug Administration.
Energy Drink Disclaimer
Energy drink products may contain caffeine or other stimulants and are not recommended for children, pregnant or nursing individuals, or individuals sensitive to caffeine or with medical conditions. Consult a healthcare professional if you have concerns. Individual tolerance varies.
Products must be used only as directed.
5. PRICES, AVAILABILITY & MODIFICATIONS
Prices and product availability are subject to change without notice. We reserve the right to modify or discontinue products or the Services at any time.
We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.
6. ORDERS, BILLING & RESELLERS
Placing an order constitutes an offer to purchase. Orders are not accepted until payment is processed and confirmation is issued.
We may refuse, limit, or cancel orders at our discretion, including orders that appear to be placed by resellers, distributors, or for abusive or fraudulent purposes.
You agree to provide current, complete, and accurate billing, shipping, and account information.
7. RETURNS, REFUNDS & CHARGEBACKS
All purchases are subject to our Refund Policy, which is incorporated by reference. All sales are final unless expressly stated otherwise.
Unauthorized chargebacks, refund abuse, or fraudulent claims may result in account termination and restriction from future purchases.
8. SHIPPING & RISK OF LOSS
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, weather, supply chain disruptions, or events beyond our control.
Title and risk of loss pass to you upon delivery of the products to the carrier.
9. THIRD-PARTY TOOLS & LINKS
We may provide access to third-party tools or links. These are provided “AS IS” and “AS AVAILABLE.” We are not responsible for third-party content, products, or practices.
10. USER CONTENT & SOCIAL MEDIA RIGHTS
We do not claim ownership of user-generated content (“User Content”). However, by submitting, posting, uploading, or tagging content (including content using PAB-promoted hashtags), you grant PAB and its affiliates a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, publish, and otherwise exploit such User Content, including your name, image, likeness, and social media handle, for any lawful purpose, including marketing and advertising, without compensation or approval.
You represent and warrant that:
- You are at least 18 years old;
- You own or have all rights necessary to grant the above license;
- The User Content does not violate any law or third-party rights.
You agree to indemnify and hold harmless PAB from any claims arising from your User Content.
11. MOBILE MESSAGING TERMS
If you opt in to receive marketing or support text messages, you consent to receive recurring messages sent via automated technology. Message frequency varies. Consent is not a condition of purchase.
You may opt out at any time by replying STOP. Message and data rates may apply. Text messaging services are provided “AS IS.”
12. INTELLECTUAL PROPERTY
All content on the Services—including trademarks, logos, text, graphics, images, videos, and software—is owned by PAB, Shopify, or their licensors and protected by intellectual property laws.
You may use the Services for personal, non-commercial purposes only.
13. DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PAB, Shopify, and their affiliates from any claims, damages, or expenses arising out of your use of the Services, violation of these Terms, or User Content.
16. FORCE MAJEURE
We are not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, labor disputes, supply chain disruptions, carrier failures, government actions, or internet outages.
17. DISPUTE RESOLUTION & ARBITRATION
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
Arbitration will take place in San Diego County, California, unless otherwise required by law. You waive the right to a jury trial and to participate in any class, collective, or representative action.
The Federal Arbitration Act governs this section.
18. TERMINATION
We may terminate or suspend access to the Services at any time without notice. Obligations incurred prior to termination survive termination.
19. ENTIRE AGREEMENT & SEVERABILITY
These Terms constitute the entire agreement between you and PAB. If any provision is held unenforceable, the remaining provisions remain in effect.
20. GOVERNING LAW
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
21. CONTACT INFORMATION
Proud American Beverages, LLC
7920 Silverton Ave, Suite O
San Diego, CA 92126
admin@proudamericanbeverages.com
