Terms of Service and Conditions
OVERVIEW
This website is operated by Daydrink LLC. Throughout the site, the terms “we”, “us” and “our” refer to Daydrink. Daydrink offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any Terms will result in immediate termination of your Services.
SECTION 1A – SMS MARKETING & COMMUNICATIONS
By opting in to receive SMS messages from Daydrink, you agree to receive recurring promotional text messages (e.g., product drops, event updates, brand content alerts) at the number provided. Messages may be sent via automated technology. Consent is not a condition of purchase.
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Message frequency varies. Standard message and data rates may apply.
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You can opt out at any time by replying STOP. For help, reply HELP or contact us at contact@daydrink.us.
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We will never sell or share your phone number or data with third parties. Your personal information is handled in accordance with our Privacy Policy.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform to technical requirements.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. Material is provided for general information only and should not be relied upon solely for decisions.
We reserve the right to modify site contents at any time but are under no obligation to update any information.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time.
We are not liable for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online and may have limited quantities.
We reserve the right to limit sales of our products or Services to any person, region, or jurisdiction and may do so on a case-by-case basis.
We do not warrant that the quality of any products or services will meet your expectations.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities per person, per account, or per address.
You agree to provide accurate, current account and purchase info and to update it as needed for successful transactions.
Please review our Returns Policy for more details.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or endorsements. Use of such tools is at your own risk.
New features or services added to the site shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Some content, products, or services may include third-party materials. We are not responsible for their content, accuracy, or legality.
We are not liable for any harm or damages from third-party transactions. Please review their terms before engaging.
SECTION 9 – USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
Any unsolicited creative ideas, suggestions, or materials you submit may be used by us without obligation to compensate, respond, or maintain confidentiality.
You agree your submissions will not violate any rights or contain unlawful or malicious content.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES & OMISSIONS
We reserve the right to correct errors or inaccuracies at any time, including after you’ve submitted an order.
We are under no obligation to update information except as required by law.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or content for unlawful purposes, violating laws or intellectual property, uploading viruses, spamming, or other malicious conduct.
Violation may result in termination of your access.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure, or error-free use of the Service.
The Service and products are provided “as is” and “as available” without warranties of any kind.
Daydrink is not liable for any damages resulting from the use of the Service or products, including indirect or consequential losses.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Daydrink and its affiliates, employees, and service providers from any claims or demands due to your breach of these Terms or violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision is determined to be unenforceable, it shall still be enforced to the fullest extent permitted by law, and the rest of the Terms remain in effect.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us.
We may terminate your access to our Services at any time if we believe you’ve violated these Terms.
SECTION 17 – ENTIRE AGREEMENT
These Terms and any posted policies constitute the entire agreement between you and Daydrink, superseding any prior agreements.
Any ambiguities shall not be interpreted against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time by posting changes to our site.
It is your responsibility to review them periodically. Continued use of the site signifies acceptance of any changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: contact@daydrink.us