Terms of service

GENERAL TERMS

TERMS AND CONDITIONS OF SALE; TERMS AND CONDITIONS OF USE; OWNERSHIP OF SITE; AGREEMENT TO TERMS AND CONDITIONS OF USE

CAFFEINE ARMY LLC (“CAFFEINE ARMY®,” “Company” or “we”) provides you access to and use of the Service (as defined below) subject to these Terms and Conditions (the “Terms”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEB SITE LOCATED AT CAFFEINEARMY.COM AND ALL ASSOCIATED WEB SITES LINKED TO CAFFEINEARMY.COM (COLLECTIVELY, THE "SITE"), MOBILE SOFTWARE AND/OR SERVICES (COLLECTIVELY, THE “SERVICE”) TO PURCHASE ANY PRODUCT(S). YOUR USE OF THE SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

TABLE OF CONTENTS

  • Acknowledgement

  • Product Descriptions And Pricing

  • Payment Terms; Interest; Orders

  • Shipping; Risk Of Loss; Title; Taxes

  • 30-Day Warranty For First-Time Customers Of Caffeine Army®

  • Permitted Use Of The Site And Content

  • Viruses, Hacking And Other Offenses

  • User Content

  • Other Terms And Conditions

  • Health Related Information

  • Accounts, Passwords And Security

  • Privacy

  • Links To The Site

  • Modifications

  • Termination

  • Disclaimer Of Warranties

  • Limitation Of Liability

  • General Information

    1. Consent To Email Communications

    2. Assignment; Waiver

    3. Governing Law

    4. Injunctive Relief

    5. Arbitration

    6. U.S. Export Laws

    7. Government Users

    8. Severability

    9. Legal Equivalency

      • Feedback And Information


ACKNOWLEDGEMENT

By accessing or using the Service, you agree to abide by these Terms, as they may be amended by Company from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and Company. In addition, when visiting or using certain Company owned or operated web sites, you shall be subject to any posted agreements, guidelines, rules or terms of service. All such agreements, guidelines, rules or terms of service, as they may be amended by Company from time to time in its sole discretion, are hereby incorporated by reference into these Terms. It is your responsibility to review these Terms periodically, and if you do not have authority to agree or accept these Terms, or if at any time you find these Terms unacceptable, you may not use the Service and you must immediately leave and cease all use of the Service.

PRODUCT DESCRIPTIONS AND PRICING

Company strives for the Service to be as accurate as possible. However, Company does not represent or warrant that product descriptions or other content on the Service are accurate, complete, reliable, current, or error-free. For example, products included on the Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Despite our best efforts, a small number of the items on our Service may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner.

PAYMENT TERMS; INTEREST; ORDERS

All orders placed through the Service are subject to Company’s acceptance. Terms of payment are within the Company’s sole discretion, and unless otherwise agreed to by the Company, payment must be received by the Company prior to the Company’s acceptance of an order. Payment for product orders will be accepted via certain payment methods accepted by our third party payment processing service. Your order is subject to cancellation by Company at Company’s sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by the Company in collecting past due amounts from you.

30-DAY WARRANTY FOR FIRST-TIME CUSTOMERS OF CAFFEINE ARMY®

1. Warranty Coverage:

This warranty covers the purchase of Caffeine Army® products made by first-time customers of Caffeine Army. If the customer is not satisfied with its purchase, we will provide a full refund or replacement within 30 days of purchase date.

2. Eligibility:

To be eligible for this warranty, you must be a first-time customer and provide proof of purchase, such as a receipt or order confirmation.

3. Claim Process

To initiate a warranty claim, please contact our customer service team at support@caffeinearmy.com within 30 days of your purchase. Include your order number and a brief description of your reason for the return or replacement.

4. Refund and Replacement

Upon receipt of your claim, we will process your request within 7-10 business days. Refunds will be issued to the original payment method, and replacements will be shipped at no additional cost. The refund is regarding the product's value, does not include the shipping fee.
Replacement because of any demage, lost shipment and special cases of dissatisfaction can be done up to 30 days, after delivered status. 

5. Limitations

This warranty does not cover products that have been misused, altered, or damaged due to negligence. It is limited to first-time purchases and does not apply to subsequent orders.

6. Customer Support

For any questions regarding this warranty, please reach out to our customer service team.

*exclusion and exceptions apply.

SHIPPING; RISK OF LOSS; TITLE; TAXES

Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Shipping dates are estimates only. Risk of loss and title for all items purchased from Company pass to you upon our delivery to the carrier. You are responsible for sales and other taxes associated with all orders. Title to all intellectual property rights will remain with the applicable licensor(s).

    1. DELIVERY FAILURE

The customer is responsible for receiving the merchandise at the address provided by the customer at the moment of checkout, exempting Caffeine Army® from any liability, including loss or misplacement of the duly delivered merchandise.

a. DATA INCONSISTENCY, REFUSAL TO RECEIVE THE PRODUCT, OR NO ONE TO RECEIVE THE PRODUCT

Up to three (3) delivery attempts will be made in case of data inconsistency, refusal to receive the product, or no one to receive the product. If it is not possible to complete the delivery, the product will be automatically returned to the Caffeine Army®. In this case, Caffeine Army® will have to initiate a new shipping procedure. A new deadline will be announced from the date of dispatch from the distribution center, and the SUBSCRIBER will be responsible for the shipping costs.

b. POST OFFICE DELIVERY

If delivery is not possible at the address indicated, the product might be available at a nearby post office, and it is up to the customer to collect it within the due period.

c. LACK OF PROOF OF DELIVERY

Refunds or substitutions will only be sent if there is no proof of delivery. The customer is guaranteed the right to request, through the Caffeine Army®’s communication channels, that a new product is sent or a refund.

The customer must submit non-receipt reports within 30 (thirty) days from the "Delivered" status date. The carrier has up to 5 (five) business days to prove delivery to Caffeine Army® team. If this is not proven, Caffeine Army® will resend the product(s) to the customer at no additional cost.

d. CHANGE OF ADDRESS

The customer may request to change the address up to 1 business hour after the order is placed. If the customer submits the request after the deadline, change of address is subject to approval and logistics availability. Refunds will not be issued after the deadline.

INTERNATIONAL ORDERS DELIVERY

Please note that all international orders are subject to customs procedures in the destination country.
The delivery timeframes displayed on our website are estimated delivery dates and may vary depending on the customs process in your region.

Once an order has been shipped from the United States, it must go through local customs clearance before being released for final delivery. This process can occasionally extend the delivery timeline if the shipment is selected for inspection or requires additional verification by local authorities.

While Caffeine Army continuously works with our shipping partners to ensure your order arrives as quickly as possible, we do not have control over customs procedures, inspections, or clearance times.

We assure our customers that we will always do our best to monitor deliveries and assist whenever possible to minimize any delays.

 

CONTENT AND TRADEMARKS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site (collectively, "Content") is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of the Company or such other owner. Neither the Company's name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without the Company's prior written consent. Without limiting the generality of the foregoing, the Company prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by the Company in writing.

PERMITTED USE OF THE SITE AND CONTENT

Except as expressly provided in these Terms, no part of the Site and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without the Company's express prior written consent. You may use information on the Company's products and services that is purposely made available by the Company for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.

VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. The Company will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.

USER CONTENT

From time to time, the Company may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. The Company disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall the Company be liable for any loss or damage arising from the use of any interactive service by a user in contravention with the Company's content standards. If you post any content to the Site, you hereby grant the Company and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant the Company and its affiliates and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from the content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

The following standards apply to any and all material which you contribute to the Site ("Contributions") and to any associated interactive services:

Contributions must:

  • Be accurate (when they state facts);

  • Be genuinely held (when they state opinions); and

  • Comply with applicable laws in the United States of America and in any country from which they are posted.

Contributions must not:

  • Contain any material that is defamatory, obscene, offensive, hateful or inflammatory;

  • Promote violence or any illegal activity;

  • Infringe any copyright, trademark, or other intellectual property right of any other person;

  • Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence

  • Abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety

  • Be used to impersonate any person or misrepresent your identity or affiliation with any person; or

  • Give the impression that they emanate from the Company, if that is not the case.

The Company will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When the Company determines that a breach has occurred, the Company may take such action as it deems appropriate, including but not limited to one or more of the following:

In no event shall the Company be liable for any actions taken in response to any breach of these content standards.

  1. Immediate, temporary or permanent withdrawal of your right to use the Site;

  2. Immediate, temporary or permanent removal of any Contribution by you;

  3. Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by the Company resulting from the breach; and

  4. Disclosure of such information to law enforcement authorities as the Company deems reasonably necessary.

OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply specific portions or features of the Site, including contests, promotions or other similar features, all of which are made a part of these Terms by this reference. You shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. The Company's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The Company may make changes to any products or services offered on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.

HEALTH RELATED INFORMATION

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY

Your use of the Site and any information provided by you or gathered by the Company or third parties during any visit to or use of the Site is governed by the Company's Privacy Policy which is incorporated by this reference. You agree to the Company's collection, use and sharing of your information as set forth in the Privacy Policy.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO THE SITE

CAFFEINE ARMY® prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without CAFFEINE ARMY® prior written consent. Similarly, CAFFEINE ARMY® prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without CAFFEINE ARMY® prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

LINKS TO OTHER SITES

The Company prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without the Company's prior written consent. Similarly, the Company prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without the Company's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

MODIFICATIONS

Company may, in its sole discretion and without prior notice, (i) revise these Terms; (ii) modify the Service; and (iii) discontinue any of the Service, or any of its constituent parts, including, without limitation, any products and/or services featured on the Service, at any time. Company shall post any revision to these Terms, and the revised Terms shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Service periodically to be aware of any revisions. Your continued use of any of the Service shall constitute your acceptance of the revised Terms. If you do not agree to any of such changes, you may terminate the Terms and immediately cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms.

TERMINATION

You acknowledge and agree that Company may at any time in its sole discretion terminate your access to and use of the Service, or any part thereof, with or without notice and without any liability to you or any third party. You agree that upon termination Company may delete all files and information related to your account and may bar your access to your account and the Service, and that you will immediately return or destroy any Company Software in your possession or control.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE PRODUCTS AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SERVICE AND THE PRODUCTS AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SERVICE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SERVICE AND THE PRODUCTS AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY PRODUCT , SERVICE OR INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF CONTENT, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER WEB SITE(S) YOU MAY ACCESS THROUGH THE SERVICE (IF ANY), CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ERROR OR INADEQUACY OF ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (VI) PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICE; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; AND/OR (X) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE AND/OR THE PRODUCTS; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ALSO AGREE THAT COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER SERVICE(S) YOU ACCESS THROUGH THE SERVICE; (C) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (D) EVENTS BEYOND COMPANY’S REASONABLE CONTROL. DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL THE LIABILITY OF COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND/OR LICENSORS, IF ANY, TO YOU OR TO ANY THIRD PARTY EXCEED FIFTY DOLLARS ($50.00). YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE TERMS OR TERMINATION OF YOUR ACCESS TO THE SERVICE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED COMPANY TO ENTER INTO THE TERMS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

GENERAL INFORMATION

1. Consent to Email Communications

You consent to receive communications from Company electronically and agree that we may communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. Assignment; Waiver

You may not assign these Terms or any rights granted herein. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void. Company may assign or transfer these Terms or its rights or obligations hereunder without notice and without your prior approval. These Terms are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms will inure to the benefit of Company and its successors and assigns. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

3. Governing Law

THE VALIDITY, CONSTRUCTION, INTERPRETATION, AND PERFORMANCE OF THESE TERMS WILL BE EXCLUSIVELY GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF FLORIDA, EXCEPT AS TO ITS PRINCIPLES OF CONFLICTS OF LAWS, AND WITHOUT REGARD TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.

4. Injunctive Relief

You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Company that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Company shall be entitled, without waiving any additional rights or remedies otherwise available to Company at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you. Notwithstanding anything to the contrary, Company shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.

5. Arbitration

Except in the case of legal action brought by Company to obtain injunctive or other equitable relief of whatsoever kind, all of which may be brought in any court or other tribunal of competent jurisdiction, ANY CONTROVERSY, CLAIM, DISPUTE OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE SUBMITTED TO THE OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN, OR CLOSEST TO, DUPAGE COUNTY, FLORIDA, AND WILL BE SETTLED BY ARBITRATION TO OCCUR IN DUPAGE COUNTY, FLORIDA, SAID ARBITRATION TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, IN EFFECT AT THE TIME OF THE ARBITRATION, THE LAWS OF THE STATE OF FLORIDA GOVERNING SUCH ARBITRATIONS, AND IN ACCORDANCE WITH THESE TERMS. SUCH ARBITRATION MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE FIRST ACCRUAL OF THE CAUSE OF ACTION, AND THE PARTIES AGREE THAT THE STATUTE OF LIMITATIONS FOR ANY CAUSE OF ACTION BROUGHT PURSUANT TO, IN CONNECTION WITH, OR RELATING TO A DISPUTE WILL BE TWELVE (12) MONTHS FROM THE FIRST ACCRUAL OF THE CAUSE OF ACTION, NOTWITHSTANDING ANY STATUTE TO THE CONTRARY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be heard and decided no later than seven (7) months after the notice of arbitration is filed with the American Arbitration Association by one arbitrator. The arbitrator will hear and determine any preliminary issue of law asserted by a party to be dispositive of any claim, in whole or in part, in the manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrator deems appropriate. No witness or party may be required to waive any privilege recognized under FLORIDA law. The hearing will not last longer than four (4) days unless all parties agree otherwise, with time to be divided equally between you and Company. The arbitrator will be an attorney, licensed to practice law in the State of FLORIDA for no less than ten (10) years, with no less than five (5) years’ experience as an arbitrator. The parties and the arbitrator will treat all aspects of the arbitration proceedings, including, without limitation, discovery, testimony and other evidence, briefs, and the award, as strictly confidential and not subject to disclosure to any third party or entity, other than to the parties, the arbitrator, and the American Arbitration Association. The arbitrator must give full effect to the applicable law and to all of these Terms, and is specifically divested of any power to add to, subtract from, modify or alter any of the terms or conditions of these Terms, or to render decisions in derogation thereof. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual direct damages, except as may be required by statute. THE PARTIES UNDERSTAND THAT THEY ARE WAIVING THEIR RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator will issue written findings of fact and conclusions of law, the decisions of the arbitrator will be binding and conclusive upon all parties involved, and judgment upon any decision of the arbitrator may be entered in any federal or state courts with jurisdiction. You are solely responsible for your interactions with other users of the Service. Company reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.

6. U.S. Export Laws

This Service and/or products offered on the Service may be subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Service and/or products offered on the Service in violation of any U.S. Export Laws. None of the Service or products offered on the Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using the Service, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access the Service from other countries or jurisdictions, you do so on your own initiative and you are solely responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the Service. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Service.

7. Government Users

All software, if any, licensed pursuant to these Terms and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to these Terms.

8. Severability

If any provision(s) of these Terms, including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, 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 these Terms shall continue in effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

9. Legal Equivalency

These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

FEEDBACK AND INFORMATION

Any feedback you provide at the Site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. The information contained in the Site is subject to change without notice.

Policy for the Memorial Day Campaign - 2026

Starting May 18th, 2026, the Caffeine Army® Memorial Day offer  will be available to purchase through the official Caffeine Army® website, while supplies last.
Caffeine Army will not be responsible to communicate that the items are not available anymore. The offer will change on the website and the items and price paid will be confirmed on the customer's cart. 

The Memorial Day Sale features a progressive discount structure, rewarding customers based on their total order value. All discounts are automatically applied at checkout and do not require a coupon code unless otherwise specified in individual communications. Bonus gifts are available while supplies last.

Customers who spend $70.00 or more will receive 15% off their order. Customers who spend $120.00 or more will receive 20% off, along with a complimentary Powered By Mug. Customers who spend $170.00 or more will receive 25% off, along with both the complimentary Powered By Mug and the Caffeine Army® Unstoppable Bag.

The Memorial Day offers are available for one-time, not for the membership, purchases. The cashback must be redeemed using the same account and email used for the sample pack purchase and for one use per customer during the period the offer is available.

Regions outside of the US are not eligible for gift items. And coupons and promotional codes are not applicable to this offer. 

Policy for the Sampling Campaign - 2026 .01

Starting May 4rd, 2026, the Caffeine Army® Sample Pack will be available to purchase through the official Caffeine Army® website, while supplies last.

The sample pack contains sachets, with the following flavors: Cappuccino, ChocoVanilla, Vanilla Latte and Chocolate Fudge.

Customers must pay a fixed value of $9.90, and will have free shipping and full cashback for the next 45 days on Caffeine Army®`s official website (https://caffeinearmy.com). 

Being available for one-time, not for the membership, purchases and for one use per customer during this period. The cashback must be redeemed using the same account and email used for the sample pack purchase.

Only 01 (one) sample pack may be purchased per customer. The promotion will be
available while supplies last, without the need for prior notice of closure by Caffeine
Army®.

Regions outside of the US are not eligible for the promotion. And coupons and promotional codes are not applicable to this offer. 

The customer that wants to include any other item in their cart, with the sample pack, will have access to the cashback of the sample pack, but will not have free shipping. Once that the shipping that will be considered is the one from the other item added.

Customers who purchase the Sample Pack through an official affiliate link or add the affiliate’s coupon at the checkout, accessible on the affiliate’s designated page, will initially see the product price displayed as $12.00 in their shopping cart. Upon completion of the checkout the price will change to $10.80.

These clients will also be eligible for the cash back (of $10.80) on Caffeine Army®`s official website (https://caffeinearmy.com). 

Customers are responsible for providing accurate shipping information. Exempting Caffeine Army® from responsibility for delivery in cases of error and/or insufficient information.

Once during the delivery process the status of the order is as “delivery exception”, meaning that the order was not delivered because of any occurrence that is the carrier's responsibility.

If the delivery is not able to be finalized because of any misinformation by the customer, the order will be canceled and Caffeine Army® will not have the responsibility of refunding the price paid nor resending the product.

The 30 days warranty for first-time customers, which allows for a full refund or replacement, will not be available for the sample pack offer. 

If it is necessary to resend the pack due to Caffeine Army®'s responsibility and there is no stock available, the company is authorized to refund the amount paid by the customer and there is no need to send the sample pack. 

For other situations, the Caffeine Army® General Policy applies.



Caffeine Army® Black Friday Policy – 2025

Promotion Period:
 This promotion is valid from November 10th, 2025, to December 1st, 2025.

1. Eligibility and Scope

All products available on the official Caffeine Army® website are eligible for the Black Friday discounts and offers.
 The discount offers are available for both domestic (U.S.) and international customers; however, the free items included in the promotion (frother and coffee tumbler) and the free shipping are available only within the United States.

2. Promotional Offers

During the promotional period, customers will have access to the following offers:

  • Purchases of $50 or more: 20% off + Free Shipping

  • Purchases of $100 or more: 25% off + 1 Free Frother + Free Shipping

  • Purchases of $150 or more: 30% off + 1 Free Coffee Tumbler + 1 Free Frother + Free Shipping

All promotional items are subject to availability while supplies last.
 Caffeine Army® is not responsible for notifying customers when items become unavailable.

For instance, if any extra discount is included in the order, it will not be eligible for the gift items in the campaign. The availability of the items is determined by the final value of the order. 

3. Refunds, Exchanges, and Warranty

All Black Friday purchases are eligible for the 30-day satisfaction warranty for new customers, applicable only to the first order.

If the customer requests and is eligible for a return or refund for a product purchased during the Black Friday campaign and receives free promotional items (frother or coffee tumbler), all items included in the original shipment must be returned in order to complete the refund process.

All other standard Terms and Conditions of Caffeine Army® apply to Black Friday purchases.

4. Shipping and Delivery Terms


 Customers are responsible for providing accurate and complete shipping information.
 Caffeine Army® is not responsible for failed deliveries resulting from incorrect or insufficient address details provided by the customer.

If an order receives a “delivery exception” status, meaning the delivery could not be completed due to a carrier-related issue, Caffeine Army® will assist in investigating the matter but cannot guarantee delivery timeframes.

In cases where delivery cannot be completed due to misinformation provided by the customer, the order will be canceled, and Caffeine Army® will not be responsible for refunding the purchase amount or reshipping the product.

Shipping times may vary during the promotional period due to increased order volume.

5. Additional Information

All promotions are non-transferable and cannot be combined with other discounts, referral programs, or promotional codes.
 Caffeine Army® reserves the right to modify, suspend, or cancel this promotion at any time without prior notice, in the event of unforeseen circumstances or stock limitations.

Memorial Day Sales - Terms and Conditions  - 2025

Starting May 19th 2025, the Caffeine Army® Memorial Day campaign will be available for purchase through the official Caffeine Army®`s website, until June 01st.

During the Memorial Day campaign, on Caffeine Army®`s website the offers available will be: from every purchase from $50, the client will have a 15% off discount, purchases from $100 will have a 20%off discount and will be gifted with one free mug and purchases from $150 will have a 25% off discount, be gifted with one free mug and one free thermal cup. Items gifted are available until stocks are available.

All orders bigger than $100 will have free shipping during the Memorial Day campaign.

During the Memorial Day campaign, on Amazon's website the offers available will be: purchasing 2 canisters the customer will have a 20%off discount on their purchase and purchasing 3 canisters or more the customer will have a 25%off discount on their purchase. 

All Amazon Prime users will have free shipping.  

None of the orders will be eligible for getting a gifted item as the offers on the Caffeine Army®`s website. 

On Caffeine Army®`s website the clients that are eligible for the cash back of $9,90, that can be used during the Memorial Day sales, are the ones that purchased the sample pack from the 05/05/2025 to 05/18/2025. These clients should access their discount automatically, using the same email they used to make the sample purchase. 

During the Memorial Day sales the use of affiliates and influencers coupons will not be valid. The discounts of the campaign have a bigger percentage and are the ones that the system will consider.  



Caffeine Army — Holiday Offers Policy (2025)
Valid from December 2nd through December 24th

To celebrate the holiday season, Caffeine Army is offering special limited-time discounts and products. Please review the details below:

1. Offer Period

Our Holiday Offers run from December 2nd to December 24th.
Discounts and promotional prices are only valid on purchases made within this period.

2. Available Discounts

  • 15% Off on orders over $50 (before taxes and shipping).
    The discount is automatically applied at checkout when the order meets the minimum value.

3. Limited-Edition Products

Some items featured during the holiday period — including our Coconut Cake flavor — are limited edition.
They are available only while supplies last. Once sold out, these products will not be restocked.

4. Returns & Exchanges for Holiday Offers

  • All purchases made with Holiday Offer discounts follow our standard Return and Exchange Policy.

5. Combining Offers

Holiday Offer discounts cannot be combined with other discount codes, membership benefits, or promotions unless otherwise stated.

6. Changes to the Promotion

Caffeine Army reserves the right to adjust or end the Holiday Offers at any time during the promotional period.


Caffeine Army®Spring Membership Sale Policy - 2026

The Caffeine Army® Spring Sale is a limited-time offer to the best moment to be part of Caffeine Army’s Membership Journey. Introducing a new milestone reward for our members.

During this limited-time, customers who join the Caffeine Army® Membership will receive a special introductory benefit in addition to the standard membership advantages.

Spring Sale Membership Offer

Customers who start a new membership subscription during the Spring Sale promotional period will receive:

  • 20% OFF the first subscription order

  • 15% OFF all following subscription orders

The 20% introductory discount is available only on the first order and only for customers who subscribe during the Spring Sale period. After the first shipment, the membership will continue under the standard membership benefit of 15% OFF all recurring orders.

Membership Milestone Rewards

As part of the Caffeine Army® Membership Journey, members receive special rewards as they continue their subscription.

Members will receive exclusive gifts on their 1st order. Whoever reaches their 3th and 6th consecutive order will also receive other exclusive gifts as a recognition of their consistency and commitment.

The gift will be automatically included with the qualifying shipment.

Eligibility

The Spring Sale membership offer is available only to:

  • New subscribers who start a membership during the Spring Sale promotional period.

  • Customers whose subscription remains active through the qualifying orders for milestone rewards.

Existing subscribers will continue to receive their standard membership benefits.

Changes and Availability

Caffeine Army® reserves the right to modify or discontinue the Spring Sale promotion at any time. Availability of promotional offers and milestone gifts may be subject to product availability.