Terms of service
OVERVIEW
Welcome to HIVEOLTAGE. The terms "we," "us," and "our" refer to YohTan LLC, doing business as HIVEOLTAGE. We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a shopping experience (the "Services"). HIVEOLTAGE is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. Our Energy line contains caffeine and is not intended for children; you agree that you will not purchase caffeinated products for use by anyone under 18.
To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Our products are food. They are raw honey, infused with caffeine (Energy line), electrolytes (Recovery line), or nothing at all (RAW). They are not dietary supplements, medicines, or medical devices, and nothing on the Services is medical advice.
Caffeine. Energy line products contain caffeine, in the amount stated on the label and product page. Caffeine is not recommended for children, people sensitive to caffeine, or those who are pregnant or nursing. Consult a healthcare professional before using caffeinated products if you have a medical condition or take medication. You are responsible for tracking your total caffeine intake from all sources.
Honey. Do not feed honey to infants under one year of age. Raw honey may naturally crystallize; this is a characteristic of raw honey, not a defect.
Allergens and ingredients. Ingredients and allergen information are printed on each product label and shown on each product page. It is your responsibility to read them before consuming. Formulations may change; the printed label on the product you receive governs.
We have made every effort to represent our products accurately. However, colors and product appearance may differ from how they appear on your screen. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason. Your order is not accepted until we confirm it. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting; we may be unable to accommodate cancellation requests after an order is accepted and prepared for shipment. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided with the order.
Pre-order products ship when they become available, as described on the product page and in our Shipping Policy. Pre-orders may be cancelled for a full refund before they ship.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent that purchases made through this store are for your own personal or household use and not for commercial resale. Retailers, gyms, and distributors: contact us at tanner@hiveoltage.com for wholesale terms.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless expressly stated, posted prices do not include taxes or shipping.
Prices in our online store may differ from prices offered by retailers or in other channels. Automatic discounts and promotional codes are subject to their own terms; if they conflict with these Terms, the promotion terms govern for that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent that (i) the payment information you provide is true and complete, (ii) you are authorized to use that payment method, (iii) charges you incur will be honored by your card issuer, and (iv) you will pay the charges at the posted prices, including shipping and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
Shipping is governed by our Shipping Policy. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you, except as provided in our Refund Policy for damaged or lost shipments.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, video, audio, and the design, selection, and arrangement of them, are owned by YohTan LLC, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. Nothing in these Terms grants you any license under any patent, trademark, copyright, or other intellectual property of YohTan LLC, Shopify, or any third party. All rights not expressly granted are reserved.
HIVEOLTAGE, the HIVEOLTAGE bee-and-bolt mark, "From the Hive. For the Grind.", and our product names, designs, and slogans are trademarks of YohTan LLC. You may not use them without our prior written permission. Shopify's name, logo, and marks are trademarks of Shopify. All other marks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be given access to tools offered by third parties as part of the Services, which we do not monitor or control. We provide access to such tools "as is" and "as available," without warranties of any kind and without endorsement. We have no liability arising from your use of optional third-party tools. Any new features we offer through the Services are also subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party sites, you do so at your own risk, and we are not liable for any harm or damages related to your use of them. Review the third party's policies before you transact with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
HIVEOLTAGE is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with YohTan LLC. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage, or loss resulting from purchased products, and you release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.
SECTION 11 - FEEDBACK AND REVIEWS
If you submit ideas, suggestions, feedback, reviews, testimonials, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use. You represent that you own or have the necessary rights to the Feedback, that you have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms and applicable law. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, defamatory, or otherwise objectionable. You may not use a false email address or impersonate any person in connection with Feedback. Individual experiences with our products vary; reviews reflect the experience of the person who wrote them.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful purpose; (b) to violate any law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, or harm any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotional material; (g) to impersonate any person or entity; (h) to upload viruses or malicious code; (i) to scrape, crawl, or collect personal information of others; or (j) to interfere with or circumvent the security features of the Services. We may suspend or terminate your access at any time without notice if we determine you have violated these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due through the date of termination. Sections that by their nature should survive termination will survive, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy.
SECTION 15 - DISCLAIMER OF WARRANTIES
Information presented on the Services is made available for general information purposes only. Content about honey, caffeine, carbohydrates, electrolytes, athletic performance, or nutrition is general information and is not medical, nutritional, or professional advice. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.
EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL YOHTAN LLC, OUR PARTNERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, CO-PACKERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE LIABILITY CANNOT BE EXCLUDED, OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless YohTan LLC, Shopify, and our respective affiliates, partners, officers, directors, members, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We may control the defense and settlement of any such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, the unenforceable portion shall be severed, and the remaining provisions shall remain in full force.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms and our rights and obligations without notice to you.
SECTION 21 - GOVERNING LAW
These Terms and any separate agreements by which we provide you Services are governed by the laws of the State of Idaho and applicable federal law, without regard to conflict-of-law principles. You and YohTan LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in Madison County, Idaho.
SECTION 22 - HEADINGS
Headings are for convenience only and do not limit or affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. We will notify you of material changes as required by applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms should be sent to tanner@hiveoltage.com.
YohTan LLC (HIVEOLTAGE)
8149 South 600 East, Rexburg, ID 83440, United States
tanner@hiveoltage.com
(208) 359-2710