Terms of service

Terms & Conditions – JokerGuaranaUSA LLC 

1. Agreement to Terms 

Effective date: [Month] [Day], [Year] 

Last updated: [Month] [Day], [Year] 

These Terms & Conditions (“Terms”) govern your access to and use of www.jokerguaranausa.com (the “Site”) and your purchase and use of products offered by JokerGuaranaUSA LLC (“JokerGuaranaUSA,” “we,” “us,” or “our”). By accessing or using the Site or purchasing products from us, you agree to be bound by these Terms. If you do not agree, do not use the Site. 

2. Eligibility and Age Requirement 

The Site is intended for individuals 16 years of age or older. By using the Site, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms. 

3. Accounts 

You may create a customer account to make purchases and view order history. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information and to update it as needed. You must notify us promptly of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts or refuse service at our discretion. 

4. Products and Orders 

Products: 

We currently offer Joker Original (case of 24), Joker Guarana Mango (case of 12), and Joker Guarana Peach (case of 12). Product descriptions, images, and prices are subject to change at any time without notice. We attempt to be accurate, but do not warrant that descriptions, pricing, or other content on the Site are error-free. 

Orders and acceptance: 

By placing an order, you offer to purchase products in accordance with these Terms. We may accept, reject, or cancel any order at our discretion, including after an order is submitted, for reasons including product unavailability, errors in pricing or product information, suspected fraud or unauthorized activity, or shipping limitations. If we cancel an order after your payment has been processed, we will issue a refund to the original payment method. 

5. Pricing, Taxes, and Payment 

Prices are listed in U.S. dollars and are subject to change without notice. Applicable taxes and shipping charges are added at checkout based on the information you provide. We accept payment through Shopify Payments and associated methods made available on the Site. By submitting payment information, you represent and warrant that you are authorized to use the payment method and that the information is accurate.

6. Shipping, Fulfillment, and Risk of Loss 

Orders are fulfilled by our third-party logistics partner Velociraptor 3PL. We currently ship products only within the United States. Shipping options, rates, and estimated delivery times are displayed at checkout, and are estimates only. Title and risk of loss pass to you when we deliver the products to the carrier. We are not liable for delays or failures in delivery caused by events beyond our reasonable control, such as carrier delays, weather, or other force majeure events. 

7. No Returns / All Sales Final 

All sales are final. We do not accept returns or exchanges. We may, in our sole discretion and as required by applicable law, offer remedies for products that arrive damaged or for incorrect items shipped. If you receive a damaged or incorrect item, contact us promptly with your order number and clear photos of the issue so we can evaluate and address it. 

8. Product Use and Health & Safety 

Our products are consumable beverages. You are responsible for determining whether our products are suitable for you. Always read labels, ingredient lists, warnings, and directions provided with the product. If you have any medical conditions, sensitivities, or questions about consuming our products, consult a qualified healthcare professional before use. To the fullest extent permitted by law, we are not responsible for adverse effects arising from your use of the products beyond what is required by applicable consumer protection laws. 

9. User-Generated Content (UGC) 

The Site may allow you to submit user-generated content (“UGC”), such as reviews, ratings, comments, and photos. By submitting UGC, you represent and warrant that you own or have the necessary rights to your UGC; that it does not infringe any intellectual property, privacy, or other rights of any third party; that it is not unlawful, defamatory, obscene, harassing, hateful, discriminatory, or otherwise objectionable; and that it does not contain viruses, malware, or other harmful code. 

By submitting UGC, you grant JokerGuaranaUSA a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such UGC in any media for any lawful purpose, including marketing and promotional uses. We may, but are not obligated to, monitor, review, edit, or remove UGC at our discretion. 

10. Intellectual Property 

All content on the Site, including text, graphics, logos, images, product names, and software, is the property of JokerGuaranaUSA or its licensors and is protected by intellectual property and other laws. You may not copy, reproduce, distribute, modify, create derivative works based on, publicly display, or publicly perform any content from the Site, except as expressly permitted by us or by law. You may not use any JokerGuaranaUSA trademarks, logos, or branding without our prior written consent. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms. 

11. Prohibited Uses 

You agree not to use the Site for any unlawful purpose or in violation of any applicable law; to interfere with or disrupt the operation of the Site or servers; to attempt to gain unauthorized access to any systems or networks connected to the Site; to

use automated means (such as bots, crawlers, or scrapers) to access or collect information from the Site without our permission; to impersonate any person or entity or misrepresent your affiliation with any person or entity; or to use the Site in a manner that could damage, disable, overburden, or impair the Site. We may take any action we deem appropriate, including suspending or terminating access to the Site, for violations of these Terms. 

12. Third-Party Services and Links 

The Site may include integrations with or links to third-party websites or services, such as Shopify, payment processors, analytics providers, and social platforms. We do not control or endorse third-party sites or services and are not responsible for their content, policies, or actions. Your use of third-party sites or services is at your own risk and subject to their terms and privacy policies. 

13. Disclaimer of Warranties 

To the fullest extent permitted by law, the Site and all products are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some disclaimers may not apply to you. 

14. Limitation of Liability 

To the fullest extent permitted by law, JokerGuaranaUSA and its owners, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, or loss of data, arising from or related to your use of the Site or products, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or relating to the Site, products, or these Terms shall not exceed the amount you paid to us for the order giving rise to the claim. Some jurisdictions do not allow limitations on certain damages, so some limitations may not apply to you. 

15. Indemnification 

You agree to defend, indemnify, and hold harmless JokerGuaranaUSA and its owners, officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site or products, your violation of these Terms, or your UGC or violation of any rights of another person or entity. 

16. Governing Law and Jurisdiction 

These Terms and any disputes arising out of or relating to them or your use of the Site or products are governed by the laws of the State of Colorado, without regard to conflict-of-law rules. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts. 

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Effective date” at the top of the Terms and post the updated version on the Site. Your continued use of the Site after the updated Terms become effective constitutes your acceptance of the changes. 

18. Contact Information 

If you have questions about these Terms, please contact: 

JokerGuaranaUSA LLC 

22600 E I 76 STE 200 

Brighton, CO 80603, USA 

Email: support@jokerguaranausa.com (replace with your actual support email).