Last updated February 08, 2023

Welcome to the YERBAE INVESTOR websites of YERBAE, LLC, (“Company”, “we” or “us”). Websites which are covered include, without limitation, investors.yerbae.com and any sub-domains or successors thereto which are owned and controlled by Company and dedicated to YERBAE, LLC (collectively, the “Sites”).

BEFORE USING THE SITES, PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE, WHICH GOVERN YOUR USE OF THE SITES (the “Terms of Use”). Your use of the Sites is contingent upon your review and agreement to the Terms of Use, Privacy Policy (as defined herein) and other posted related policy (the “Policies”). If you do not agree to the Policies then you are not permitted to utilize the Sites. Company reserves the right to modify the Policies including but not limited to these Terms of Use at any time and from time to time without notice. If we do change the Terms of Use, we will post the changes to this site and will indicate at the top of this page the effective date of the new Terms of Use. Your use of the Sites constitutes your agreement to be bound by the Policies and we encourage you to therefore review them periodically.

YOU ACKNOWLEDGE AND AGREE THAT THE POLICIES REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You acknowledge and agree that the Policies are supported by good and valuable consideration including but not limited to permitting your use of the Sites, receipt of data and information, as well as the potential publicity and promotion received from any Postings (as defined herein).

The Sites are intended for users from the United States and Canada only. Users from the European Union or outside of the United States or Canada are advised not to disclose personal information to Company.

The Sites are offered and available to users who are 18 years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.

Modifications to the Sites and Limited Promotions

Company reserves the right in its sole discretion, at any time and from time to time without notice to change, modify, alter, suspend or discontinue any feature, service, product, content or functionality offered through the Sites (“Modifications”). Such Modifications may include but are not limited to offering opportunities or promotions to some but not all users of the Sites; adding premium features with or without charge; requiring registration or verification for use of any feature; or discontinuing any part or all of the Sites.

Please note, that special terms of use may apply to particular promotions or activities contained or offered on the Sites (each a “Limited Promotion”), which such terms shall be posted in connection with the Limited Promotion. The terms for the Limited Promotion shall be incorporated into and made a part of the Terms of Use and Policies for the term of the Limited Promotion, provided that in the event of a conflict between the terms for the Limited Promotion and the Policies, the terms for the Limited Promotion shall control.

Site Transactions

All features, content, specifications, products and prices of products and services described or otherwise depicted on the Sites are subject to change at any time in Company’s sole discretion without notice. Company makes all reasonable efforts to accurately display the attributes of the products, including but not limited to the applicable size and colors, however we cannot guarantee that your computer system will accurately display the attributes of such products. The inclusion of any products or services on the Sites at any particular time does not imply or warrant that these products or services are available at that time or available for shipment to your preferred shipping location.

It is your responsibility to confirm and obey all applicable federal, state, local and international laws in regard to the sale, possession and use of any item purchased from the Sites, including but not limited to any minimum age requirements. By placing an order, you represent and warrant that such use will be only in a lawful manner for your personal use and not for re-sale or distribution to third parties and that you are authorized to use the credit card or other payment method you have used in connection with such order. Company reserves the right to refuse any order or transaction you place through the Sites. Additionally, Company may limit or cancel quantities or orders purchased per registrant, person, per household or per order, for a violation of any of the Policies or otherwise as Company determines in its sole discretion. Company specifically reserves the right to limit, cancel or otherwise prohibit orders that in Company’s sole determination appear to be placed, by unauthorized dealers, resellers, distributors or other person(s) for the purpose of resale to third parties or for other uses which are not permitted. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Company makes any change to or cancels an order, Company will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All orders made on the Sites shall be subject to the applicable product returns and satisfaction guarantee in place at the time of order which is provided as a link at the footer of the Sites.

Order Acceptance and Shipping

You agree that your order is an offer to buy, under these Policies, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at 480-207-6650.

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

We will arrange for shipment of the products to you but for any orders to be shipped outside the United States, we reserve the right to either refuse to ship such orders or to require you to arrange for shipment. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Except for any products designated on the Site as non-returnable, we will accept a return of un-opened products for a refund of your purchase price, including original shipping and handling costs, provided such return is made within 30 days of delivery along with your receipt. Apparel must be received unworn, unwashed, with tags, and in good condition. Returns are only accepted if purchased through yerbae.com. We are unable to process returns, nor provide prepaid labels for third party retailer purchases. To return products, you must call 480-207-6650 or e-mail us at [email protected] to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during return shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are initiated within 24-72 hours following the refund request and are processed within approximately three (3) to five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

SITE MATERIALS AND POSTINGS

Site Materials

Except as otherwise explicitly noted, all information, materials and other content on the Sites, including but not limited to all text, images, designs, images, photographs, videos and other materials (the “Materials”), are the copyrighted property of Company or its licensors. You acknowledge and agree that the Materials and the copyrights, trademarks, trade dress and/or other intellectual property in connection with such Materials is owned, controlled or licensed by Company. The Materials on the Sites are intended solely for your personal, non-commercial use. Unless Company explicitly authorizes otherwise in writing, you may not download, copy, transmit, reproduce, publish, distribute, modify or otherwise exploit the Materials in any manner other than for your non-commercial use of the Sites. If you print, copy, modify, download or otherwise use or provide any person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title or interest in any Materials is transferred to you through your use of the Sites, regardless of whether or not the Materials are configured to enable the download or copying thereof. Where the Sites are configured to enable the download or copying of any Materials, such download or copying, shall be for your personal non-commercial use only. In no event shall you remove any intellectual property notices, or be permitted to utilize the Materials for any commercial purposes. Further, in no event shall you decompile, disassemble, or reverse engineer any code, function or feature on the Sites. 

You shall never challenge or encourage anyone to challenge Company’s ownership of or the validity of Company’s trademarks, logos, trade dress, or service marks displayed on the Sites or any application or registration thereof (“Company Marks”).You shall not at any time or in any manner, knowingly or intentionally, engage or perform in any activity or permit any act, which may in any way adversely affect any Company Marks or Company’s rights therein. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel or otherwise any license or right to use any Company Marks without the written permission of Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Health Related Information

The Materials contained on the Sites are for information purposes only and are not meant to be a substitute for the advice of a licensed professional or your personal due diligence with respect to your personal attributes. You should not use the information available on or through the website, including but not limited to information that may be provided on the website by health care or nutrition professionals employed by or contracting with the Company, for diagnostic or treatment of any health problems, disease, or as or in place of any prescription or any other medication. For the avoidance of doubt, the Materials do not constitute medical advice in any manner including but not limited to advice with respect to the diagnosing or treatment of health problems or disease. 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 consult your doctor before taking any products or otherwise engaging in any exercise, training or activities contained or discussed on the Sites and should read carefully all product labels and packaging prior to use. Due to the unique restrictions of amateur and professional sports organizations (i.e. WADA, NCAA, NFL, MLB, NBA, UIL, etc.), it is recommended that you consult with the appropriate governing body or organization before taking any product or engaging in any other activity contained on the Sites. Company is not responsible for any suspension from any sports organization or other medical, health or other harm that may result from you consuming any product or engaging in any activity described on the Sites or from information, which you obtain from the Sites.

Postings

Provided that your Postings (as defined below) to the Sites comply with the User Code of Conduct (as defined below), Company welcomes your comments regarding our products, services and any other topic with which we specifically request or permit your input. However, in order to avoid the possibility of any future misunderstandings in connection with products, projects or creative ideas which Company develops, which may be similar to a third party’s creative materials, it is the Company’s long-standing policy to not allow, accept, or consider creative ideas, proposals, suggestions or other materials from you (“Unsolicited Materials”) unless we have an express written agreement executed by you and us to the contrary. Therefore, we request that you do not provide any Unsolicited Materials in the Postings or in any other manner to Company. You acknowledge and agree that any Postings or other materials provided to Company by any means shall not be made in confidence or with obligation to review or provide any consideration or compensation. You acknowledge and agree that Company is constantly developing products, programs or services and that the development and exploitation thereof shall not entitle you to any compensation of any sort, regardless of the similarity to any Unsolicited Materials or Postings.

You further acknowledge and agree that Company at any time and without restriction may edit, copy, publish, distribute or otherwise exploit the Postings in any medium or manner in its sole discretion. By submitting a Posting to any of the Sites, you automatically grant and you represent and warrant that you have the right to grant to Company an irrevocable, perpetual, non-exclusive, transferrable, fully paid, royalty free, worldwide license (with the right to sublicense), to use, copy, perform, display, reformat, translate, distribute, excerpt (in whole or in part), prepare a derivative work of, incorporate into other works, or otherwise exploit any portion of the Postings in any media or manner now known or hereafter developed in Company’s sole discretion. For the purposes of the Policies, “Postings” shall mean any text, stories, artwork, images, photographs, video clips, messages, ideas, concepts, suggestions, audio-visual works, musical compositions, characterizations, or other materials, as well as your username, profile, name, likeness or other identifiable materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the Sites. You acknowledge and agree that in order to make a Posting you may be required to engage in a registration process which may require you to provide additional information and to acknowledge the Policies.

You acknowledge and agree that any feature of the Site that permits users to submit a Posting or any other text, image or commentary including but not limited to forums, message boards, review areas, chats, messaging services, profile pages, blogs or other messaging functions (each a “Forum”) is for public and not private communications and that you have no expectation of privacy with regard to any Posting or other information or materials submitted by you in any Forum. Company has no duty to monitor or take any other action with respect to the Forums. You make such Postings at your own risk, and you shall be solely responsible for any liability for the Postings, which you submit to the Sites or are otherwise submitted under your username in any Forum or otherwise. Company shall not have any liability for any Postings submitted by a third party user and it is explicitly acknowledged and agreed that Company is not responsible for and does not endorse the opinions, statements, advice or other content posted in the Forums. Your use of the Forums or any content/information therefrom is at your own risk, and Company makes no representation or warranty related to the accuracy, safety or non-infringement thereof. Company specifically disclaims any and all liability in connection with the Forums, and while Company does not have any obligation to do so, Company reserves the right to refuse to post, publish, remove, modify or take any action it determines with respect to any Postings in the Forums or otherwise on the Sites.

While Company’s administrators of the Sites will attempt to keep all objectionable messages out of the Forums, it is not possible for Company to review all Postings. All Postings express the views of the author and Company shall not be held responsible for any content in any Posting. By submitting a Posting, you agree that you are responsible for the content of the Posting and compliance with these Terms of Use, including, without limitation, the User Code of Conduct.

User Code of Conduct

As a condition for use of the Sites, you represent and warrant that your Postings and any and all use of the Sites shall conform with the following code of conduct (“User Code of Conduct”). You agree that: (a) you are solely responsible for any Postings made by you or under your username; (b) the Postings are original to you and/or that you have all necessary rights, licenses, consent and permissions to make such Postings and grant the rights granted herein without the need for permission or payment to any third party; (c) the Postings are accurate when they state facts and genuine when they state opinion; (d) the Postings must not give the impression that they emanate from or are approved by Company; (e) the Postings do not infringe on the copyright, trademark or any other intellectual property rights of any third party; (f) the Postings shall not contain any libelous, defamatory, unlawful, illegal, pornographic, indecent, offensive, obscene, bigoted, hateful, or racial materials, or promote unsafe activities that could lead to an unsafe situation involving Company, its products or other individuals; (g) the Postings shall not be made for the purpose of, or can be reasonably expected to have the possibility of violating the intellectual property, privacy or other rights of a third party (specifically, you are not permitted to submit another person’s name, image or likeness or any parties’ trademarks without their express written permission) or otherwise in violation of applicable law; (h) the Postings shall not threaten the safety of any individual; (i) the use of the Sites and the Postings are not for any antisocial, disruptive or illegal purposes, including but not limited to “spamming”, “trolling”, “flooding” or “bullying”; (j) the use of the Sites and Postings shall not encourage or advocate illegal activity or the discussion of illegal activities; (k) the use of the Sites and Postings are not made or used by you for any commercial purposes and you shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail” “spam”, “chain letters” “pyramid schemes” or other form of solicitation or advertisement; (l) your use of the Sites and any Postings do not contain any computer virus or other malware that could in any way affect the operation of the Sites or operate in a manner which violates the Policies; (m) you are above the age of eighteen (18) and that any information submitted in the registration or other use of the Sites shall not contain any false information and further that you shall not pretend to be someone other than yourself, or otherwise mislead Company or third parties as to the origin of any Postings.

You are solely responsible and liable for any Postings and your use of the Sites. You acknowledge and agree that Company, (i) takes no responsibility and assumes no liability for any Postings by you or any third party; (ii) may review, delete or remove any Posting or portion thereof which in Company’s sole judgment violates the User Code of Conduct, the Policies, or otherwise might be offensive, illegal, violate any third party’s rights, threaten the safety of any other users of the Sites or other third parties; and (iii) identify any user and/or disclose to third parties any personal identifiable information in connection with any user in order to facilitate compliance with any laws or otherwise to enforce the Policies and/or protect the safety, security or other rights of any third party. Company reserves the right to remove any Postings at any time for any reason or no reason whatsoever. Further, you acknowledge that Company may suspend or terminate your account or refuse to permit you to use the Sites or any portion therefore in the event Company believes you have violated the User Code of Conduct or any of the Policies.

Company does not guarantee that other users are or will be complying with the User Code of Conduct or any other portion of the Policies and your use of the Sites are at your own risk. You hereby assume all risk of harm or injury from a third party’s lack of compliance with the User Code of Conduct. Should you have a good faith belief that any party is engaged in any activity, which violates the User Code of Conduct, we encourage you to contact us at [email protected] and in the subject heading please type “USER CODE OF CONDUCT”.

Personal Information Submitted Through the Sites

Some aspects of use on the Sites permit or require you to register and/or create an account to participate or secure certain benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. In connection with any registration, you shall not misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph and shall provide true and correct information. You provide such personal information at your own risk, and you shall be solely responsible for any liability resulting from information that you submit to the Sites or are otherwise submitted under your username in any account or otherwise. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Sites and in the subject heading please type “ACCOUNT SECURITY BREACH”. Company shall not have any liability for any information submitted by a third party user whether or not authorized to use or access your account. Your use of your account or any content/information therefrom is at your own risk, and Company makes no representation or warranty related to the accuracy or safety thereof. Company specifically disclaims any and all liability in connection with your account. Your submission of personal information through the Sites and use by Company thereof is governed by Company’s privacy policy, which can be reviewed by clicking on the “Privacy Policy” link located in the footer section of the Sites (the “Privacy Policy”).

Minor Use of the Site

The Site is not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. Further, you must be 18 years or older to register to use the Sites and make any purchase in connection thereto. By registering or purchasing any product or service, you represent and warrant that you are 18 or older and authorized to enter into the transaction contemplated therein and you agree to abide by any such restrictions, and not to help anyone avoid such restrictions. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

Copyright Complaints

Company respects the intellectual property of others and have adopted and implemented a policy that provides for the reporting of any Materials or Postings, which you believe infringes your copyright. In the event you have a good faith belief that your work has been copied or that any Materials or Postings infringe your copyrights, please provide Company’s copyright agent listed below with the following information in writing:

Identification and description of the infringing material or activity along with information sufficient to identify the location on the Sites of such material or activity;

Identification and description of the copyrighted work that you claim has been infringed;

Your name, address, telephone number and email address;

A statement by you that you have a good faith belief that the such use in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement made by you, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed;  

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.

Company’s copyright agent for notice of claims of copyright infringement for the Sites is as follows:

Copyright Agent, Yerbae, LLC, 18801 N Thompson Peak Pkwy Suite 380 Scottsdale AZ, 85255; [email protected] and in the subject section, please type “ATTN: COPYRIGHT AGENT”. Company may give you notice that it has removed or disabled access to certain material by means of a general notice on any Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Company’s designated agent within the time period prescribed therein that includes the following:

An identification of the Postings or material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you are the copyright owner, licensee or otherwise have a good faith belief that the Postings or material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

Your name, address, telephone number and email address;

A statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district, and that you will accept service of process at the address above from the person who provided notification of allegedly infringing material or an agent of such person;

Your electronic or physical signature.

It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.

If you fail to comply with all of the requirements of Section 512(c)(3) of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Links to Other Web Sites and Services

The Sites may contain links to other websites. Company is not responsible for the content, accuracy, or opinions expressed in other websites, and other websites are not investigated, monitored, or checked for accuracy or completeness by Company. Inclusion of any linked website on or through the Sites does not imply our approval or endorsement of the linked website or any products or services contained therein. We strongly advise that you properly investigate before accessing any linked website, or engaging in any use or transaction therewith. Such linked websites are not controlled by Company, and are subject to different terms of use or privacy policies.

If you decide to leave the Sites and access other websites EVEN THROUGH A LINK ON THE SITES, you do so at your own risk, and Company specifically disclaims any and all liability related thereto including but not limited to the accuracy, legality or decency of any materials contained on such sites.

Linking to our Sites

You may link to our Sites, provided you do so in a way that is fair and legal, does not directly or indirectly imply a relationship with or endorsement by the Company, and does not damage and/or take advantage of Company’s reputation, which shall be determined by Company in Company’s sole discretion. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site. We reserve the right to withdraw linking permission at any time.

Disclaimer of Warranties

The Materials provided on this website are for informational purposes only and are not intended to convey medical advice, or be a substitute for the services or advice of a licensed professional. We strongly encourage you to seek the advice of a licensed professional regarding any mental or physical health or wellness questions prior to taking any dietary and nutritional products or engaging in any other activity discussed on the Sites. Company is not responsible for any incorrect or inaccurate content posted on the Sites, whether posted by users of the Sites, or by any of the equipment or programming associated with or utilized by the Sites. Company is not responsible for the conduct, whether online or offline, of any user of the Sites. The Sites may be temporarily unavailable from time to time for maintenance or other reasons. Occasionally there may be information on the Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order). Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users.

You understand that we cannot and do not guarantee that files for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO THE SITES.

YOUR USE OF THE SITES, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES including but not limited to the Materials and Postings ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET OR EXCEED YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURER, DISTRIBUTOR, AND SUPPLIER, IF ANY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, NON-COMPLIANCE WITH ANY CODES, AND MISAPPROPRIATION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED FROM THE SITES, ANY CONTENT ON THE SITES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Notwithstanding anything to the contrary contained herein, Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by you to Company for the products or service on THE Sites; or (b) one hundred dollars ($100). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, and hold Company, its affiliates, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach of the Policies or representations and warranties by you or arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right of reasonable approval over the choice of counsel to defend the Indemnified Parties, which such cost and expense shall be borne by you.

Dispute Resolution

Mindful of the high cost of litigation, you agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on or use of the Sites, or the breach, enforcement, interpretation, or validity of the Policies or any part of it (a “Dispute”), the party asserting the Dispute shall prior to commencing any action, first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 15 days in which to respond to or settle the Dispute. Notice to you shall be sent to your last known billing address and/or the address in your online profile. Notices to Company shall be sent to Yerbae, LLC, 18801 N Thompson Peak Pkwy Suite 380 Scottsdale AZ, 85255 attn: Legal Department. You agree that this dispute resolution procedure is a condition precedent, which must be satisfied prior to initiating any litigation or filing any claim against the other party. Subject to the foregoing, you agree that in the event a Dispute is not resolved as set forth above, any and all claims and disputes within the scope of the Policies or related to the Sites must be arbitrated on an individual basis and not on a class action basis. Accordingly, claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. Such binding arbitration is to take place in the State, City and County of Arizona in accordance with the rules of the American Arbitration Association (the “AAA”). The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual or entity under applicable law, the AAA rules, and the Policies. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. Under no circumstances will you be permitted to obtain awards for, and each user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of users and us in connection with the Policies, shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Arizona. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining provisions of these Terms of Use, and will not affect the validity and enforceability of the remaining provisions. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Limitation on Time to File Claim

No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE SITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Transparency in Supply Chain Disclosure

The state of California requires the following disclosure statement as of January 1, 2012, pursuant to the “Transparency in Supply Chains Act of 2010”.

All of the dietary and nutritional supplements marketed by Company and many of the ingredients used in those products, are manufactured in the U.S., in accordance with applicable U.S. labor laws. While some of the ingredients used in our dietary and nutritional supplements are sourced from foreign countries, Company’s finished products are manufactured in the U.S. in compliance with the current Good Manufacturing Practices (“cGMPs”) for dietary supplements.

Company’s products are marketed across the U.S. and throughout the world. Company is committed to marketing only safe and effective dietary and nutritional supplements, and to conducting business in compliance with applicable law. Company exhibits and promotes the highest standards of honest and ethical conduct in our dealings and we hold our manufacturers, suppliers, retailers and distributors to the same standard. Each of Company’s manufacturers and suppliers are carefully selected based on their reputation and evaluation by Company, prior to entering into a business relationship. In addition, Company conducts in-person inspections and audits of our manufacturers and suppliers to ensure they are operating in compliance with the cGMPs. The terms of our agreements with manufacturers require that they shall not use child labor in the manufacturing, packaging or distribution of products; they shall provide their employees with a safe and healthy workplace in compliance with all applicable laws; they shall only employ persons whose presence is voluntary; they shall not use prison labor or use corporal punishment or other forms of mental or physical coercion as a form of discipline of employees; they shall comply with all applicable federal, state and local laws and regulations including without limitation, applicable wage, hour, labor and environmental laws including but not limited to minimum wage, overtime and maximum hours; and they shall agree to utilize fair employment practices as defined by applicable laws. Further, foreign distributors of Company products are required to comply with all applicable laws and regulations and obtain all appropriate government approvals, certificates, licenses and permits pertaining to the import, sale, and advertising of Company products in the applicable authorized territory.

Company is not aware of any slavery, human trafficking or other abhorrent and illegal labor practices in connection with any ingredient manufactured or supplied to us by foreign vendors. Company is committed to the effort to eradicate slavery and human trafficking from the supply chain and improve transparency. In furtherance of that effort, if we identify an ingredient manufacturer or supplier who does not meet the aforementioned standards, we will demand corrective action and/or discontinue any business relationship with them. Additionally, Company provides its employees and management with training on slavery, human trafficking and other abhorrent and illegal labor practices.

Truth-in-Consumer Contract, Warranty and Notice Act – New Jersey Residents

The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by State or Federal law. The Terms of Use are intended to comply with TCCWNA. In the event of a conflict between the Terms of Use and the TCCWNA, the terms of the TCCWNA take precedence and will control.

The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of the Terms of Use shall not be applicable to New Jersey residents: (i) provisions which limit the Company’s liability for any tortious action or breach of contract by the Company; (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by Company; and (iii) provisions which limit the time within which claims against the Company must be brought.

Domestic Use; Export Restrictions

Company controls the Sites from its offices located within the United States of America. Company makes no representations that the Sites, Materials or products and services available thereon are appropriate for use in other locations outside the United States. Users who access the Sites from outside the United States of America do so upon their own accord and are solely responsible for compliance with local laws. No Materials may be downloaded in violation of United States export control laws, which prohibit the exportation of certain technical data and software to certain territories.

Contacting Us

If you do not understand these Terms of Use or if you have any questions about the Policies or the operation of the Sites, you may contact:

Yerbae, LLC
18801 N Thompson Peak Pkwy
Suite 380
Scottsdale AZ, 85255

Customer Support Email: [email protected]

The information within our website or email messages and their attached or linked documents may contain “forward-looking information” including statements with respect to the future performance of the Company. These statements include information concerning our assumed or possible future operations, results, plans, strategies and prospects, as well as that of others including our competition, among other matters. Forward-looking statements include all statements that are not historical facts and can sometimes be identified by words like “anticipate,” “believe,” “could,” “estimate,” “intend,” “may,” “plan,” “predict,” “project,” “seek,” “should,” “will, ” “would” or similar expressions, as well as the negatives of those terms. This forward-looking information involves known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements of the Company, expressed or implied by such forward-looking statements. These risks, as well as others, are disclosed within the Company’s filing on SEDAR, which investors are encouraged to review prior to any transaction involving the securities of the Company. Forward-looking information contained herein is provided as of the date of this message and the Company disclaims any obligation, other than as required by law, to update any forward-looking information for any reason. There can be no assurance that forward-looking information will prove to be accurate and the reader is cautioned not to place undue reliance on such forward-looking information.

Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this information. No securities or other regulator has passed upon or otherwise approved the content contained herein.