Terms of Service

Last Updated: 10/30/2024

Welcome to New Brew! By accessing or using our website, products, or services, you agree to be bound by these Terms of Service. Please read these terms carefully, as they include important information about your legal rights, obligations, and restrictions.

1. Eligibility

  • By placing an order on our site, you confirm that you are at least 21 years of age and legally permitted to consume our products. We verify identification at checkout to ensure compliance with age restrictions.
  • Our products may only be purchased and used in states where kratom is legal. By purchasing, you represent that your state of residence permits the use and possession of kratom.

2. Right to Refuse Service and Limit Orders

  • New Brew reserves the right to refuse service to anyone for any reason at our sole discretion.
  • We also reserve the right, at our sole discretion, to refuse or limit any order placed with us. This includes, but is not limited to, the right to limit quantities purchased per person, per household, or per order.

3. Product Use and Purchase

  • Our beverages are intended for personal consumption only. Resale or redistribution of our products by unlicensed individuals is strictly prohibited. Only licensed and authorized individuals may resell or distribute our products in compliance with applicable laws.
  • You may not use our products to violate any laws, including but not limited to copyright laws and other intellectual property rights.
  • Misuse of our products, including but not limited to illegal consumption or distribution, is strictly prohibited.

4. Prices, Programs, and Service Modifications

  • Prices for our products are subject to change at any time without notice.
  • New Brew reserves the right to modify or discontinue the service, or any part of the content or product offerings, at any time without notice.
  • We reserve the right to change, modify, or discontinue any programs on our site at any time without notice. This includes, but is not limited to, programs such as our ambassador program, refer-a-friend program, and any discounts or promotions offered.

5. Billing Information

  • By making a purchase on our site, you agree to provide current, complete, and accurate billing information. Failure to provide accurate information may result in delays, order cancellation, or additional charges.

6. Third-Party Tools and Materials

  • We may provide you with access to third-party tools, content, or links over which we have no control or oversight. You acknowledge and agree that access to such tools is provided on an “as-is” and “as-available” basis, without any warranties, representations, or conditions of any kind, and without any endorsement.
  • New Brew is not responsible for examining or evaluating the content or accuracy of any third-party materials, websites, products, or services, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Any use of these tools or materials is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).

7. Customer Comments

  • By submitting any comments, feedback, suggestions, ideas, or other submissions to us, you agree that New Brew may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
  • We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  • We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
  • You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comments will not contain unlawful, abusive, or obscene material, nor will they contain any viruses or other malware that could affect the operation of the service or any related website.

8. No Refunds

  • All sales are final. We do not offer refunds once a purchase has been completed.
  • If you receive a damaged or incorrect product, please contact us within [number of days, e.g., 7 days] of receiving your order, and we will work with you to address any issues.

9. Accuracy of Information

  • We strive to provide accurate, up-to-date information on our site; however, New Brew is not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information.

10. Account Information and Security

  • You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

11. Limitation of Liability

  • In no case shall New Brew, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Termination

  • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  • If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof) as a result.
  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

13. Waiver and Entire Agreement

  • The failure of New Brew to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us, governing your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

14. Governing Law

  • These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

15. Changes to Terms of Service

  • You can review the most current version of the Terms of Service at any time on this page.
  • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

16. Contact Information

  • Any questions about the Terms of Service should be emailed to hello@drinknewbrew.com.