These Terms and Conditions (“Terms”) govern your access to and use of the Blue Durango Iced Tea website, online store, and any related subdomains (collectively, the “Site”), operated by Blue Durango Iced Tea, LLC (“Blue Durango Iced Tea,” “Blue Durango,” “we,” “us,” or “our”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Site.

Description of the Site

The Site provides information about Blue Durango Iced Tea and our products, allows users to purchase select products, participate in promotions, subscribe to marketing communications, and interact with our brand.

All content available on the Site, including text, graphics, illustrations, characters, artwork, logos, product names, images, videos, designs, and software (collectively, “Content”), is owned by or licensed to Blue Durango Iced Tea, LLC and is protected by applicable intellectual property laws.

We reserve the right to modify, suspend, or discontinue any part of the Site at any time without notice.

Eligibility

You represent that you are at least 18 years old or the age of majority in your jurisdiction and are legally capable of entering into a binding agreement.

You may not use the Site if you are prohibited from doing so under applicable law.

Purchases and Orders

All purchases made through the Site are subject to product availability.

We reserve the right to:

+ Limit quantities purchased per person, household, or order

+ Refuse or cancel any order

+ Discontinue products at any time

+ Correct product descriptions, pricing, promotions, or other errors

+ Cancel orders affected by pricing or other errors, including after an order has been submitted

If we cancel an order after payment has been processed, we will issue a refund to your original payment method.

You agree to provide current, accurate, and complete billing, shipping, and account information and to make purchases in good faith.

Additional policies regarding shipping, returns, refunds, subscriptions, or exchanges may apply and are incorporated into these Terms by reference.

Product Information

We make reasonable efforts to accurately display and describe our products, including ingredients, flavors, packaging, photographs, and other product information. However, actual products or packaging may occasionally differ from images or descriptions displayed on the Site.

Product formulations, ingredients, packaging, availability, pricing, and specifications may be changed from time to time without notice, subject to applicable law.

Please refer to the product packaging for the most current ingredient, allergen, nutrition, storage, and other product information.

Product Guarantee

Our iced teas undergo quality assurance procedures designed to maintain our product standards.

If you receive a product purchased directly from Blue Durango Iced Tea that is defective, damaged, or otherwise does not meet your expectations, please contact us and, when possible, include a photograph of the product, packaging, lot or date code, and a description of the issue.

After reviewing the circumstances, we may, at our discretion and subject to applicable law, replace the affected product or issue a refund.

For products purchased from a retailer, marketplace, distributor, or other third party, refunds and replacements may also be subject to that seller’s policies.

Accounts

Certain features of the Site may require you to create an account.

You agree to provide accurate information and maintain the confidentiality and security of your account credentials. You are responsible for activities that occur through your account.

We reserve the right to suspend or terminate accounts that violate these Terms or are used in a fraudulent or unauthorized manner.

Email Communications

If you sign up for email communications, you consent to receive marketing and transactional communications from Blue Durango Iced Tea.

You may opt out of marketing emails at any time by following the unsubscribe instructions included in the email.

Consent to receive marketing communications is not a condition of purchase.

User-Submitted Content

If you submit reviews, photographs, videos, social media content, comments, feedback, ideas, or other materials (“User Content”), you retain ownership of your original content.

By submitting User Content to us, you grant Blue Durango Iced Tea, LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, display, and otherwise use that content for marketing, promotional, commercial, and other business purposes, subject to applicable law.

You represent that you have the right to submit the User Content and that our permitted use of it will not infringe the intellectual property, privacy, publicity, or other rights of any third party.

We reserve the right to remove or decline to use User Content that violates these Terms or that we otherwise determine to be inappropriate.

Prohibited Conduct

You agree not to:

+ Use the Site for unlawful or unauthorized purposes

+ Violate applicable laws or regulations

+ Infringe upon intellectual property or other rights

+ Submit harmful, defamatory, abusive, fraudulent, or misleading content

+ Introduce viruses, malicious code, or other harmful technology

+ Interfere with the security, functionality, or operation of the Site

+ Attempt to gain unauthorizedaccess to the Site, accounts, servers, networks, or systems

+ Use automated systems to improperly access, scrape, copy, or interfere with the Site

We reserve the right to restrict or terminate access to the Site for violations of these Terms.

Intellectual Property

All trademarks, logos, product names, packaging designs, illustrations, artwork, characters, stories, photographs, graphics, and other Content associated with Blue Durango Iced Tea and the fictional town and characters of Blue Durango are owned by or licensed to Blue Durango Iced Tea, LLC unless otherwise indicated.

Nothing contained on the Site grants you any license or right to use our intellectual property without our prior written permission.

You may not copy, reproduce, distribute, publish, modify, sell, commercially exploit, or create derivative works from our Content except as expressly permitted by us or applicable law.

Third-Party Services and Links

The Site may contain links to or integrations with third-party websites, marketplaces, payment providers, subscription providers, social media platforms, delivery services, or other services.

We do not control and are not responsible for the availability, content, privacy practices, terms, products, or services of third parties.

Your use of third-party websites and services is subject to their respective terms and policies.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Your use of the Site is at your own risk.

Nothing in these Terms excludes warranties, guarantees, or other rights that cannot legally be excluded under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE DURANGO ICED TEA, LLC, ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS.

To the fullest extent permitted by law, our aggregate liability arising from a product purchased through the Site shall not exceed the amount you paid for the product giving rise to the applicable claim.

Some jurisdictions do not permit certain exclusions or limitations of liability, so some portions of this section may not apply to you.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Blue Durango Iced Tea, LLC and its affiliates,
owners, officers, employees, agents, and service providers from claims, damages, liabilities, losses, and reasonable expenses arising from your violation of these Terms, misuse of the Site, or infringement of the rights of another person or entity.

Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-law principles.

To the extent permitted by applicable law, any legal action or proceeding arising from these Terms that is not otherwise required to be resolved in another manner shall be brought in the appropriate state or federal courts located in Georgia, and you consent to the jurisdiction of those courts.

Changes to These Terms

We may update or modify these Terms from time to time.

Changes become effective when the revised Terms are posted on the Site unless otherwise stated. The Effective Date at the top of this page indicates when these Terms were most recently updated.

Your continued use of the Site after updated Terms are posted constitutes your acceptance of those Terms, subject to applicable law.

Contact Us

If you have questions about these Terms and Conditions, please contact:

Blue Durango Iced Tea, LLC
Smyrna, Georgia
United States

Email: teamerchant@bluedurangoicedtea.com

Website: www.bluedurangoicedtea.com