Legal
Terms of Service
The agreement between you and Monavie when you buy from this store.
Terms of Service
1. Acceptance of and Changes to Terms
- Binding Agreement: By accessing, browsing, registering an account on, or purchasing products through Monavie.com (the "Website"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease all access to and use of the Website.
- Modifications: Monavie Blends LLC ("Monavie," "we," "us," or "our") reserves the right, at our sole discretion, to modify, amend, or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms to the Website, with a refreshed "Effective Date." Your continued use of the Website following any such posting constitutes your acceptance of the revised Terms.
2. Privacy Policy and Electronic Communications
- Privacy Policy: Your use of the Website is governed by our Privacy Policy. Please review it to understand our data collection and handling practices.
- Consent to Electronic Communications: By using the Website or providing your email address, you consent to receive all communications from us electronically, including notices, agreements, disclosures, receipts, and transactional emails. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.
3. Eligibility and Account Security
- Age Requirement: You must be at least 18 years of age (or the applicable age of majority in your jurisdiction) to use this Website or purchase products. By using the Website, you represent and warrant that you meet this age requirement.
- Account Registration: To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to promptly update it.
- Account Security: You are entirely responsible for maintaining the strict confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Monavie immediately of any unauthorized use. Monavie reserves the right to suspend or terminate any account at any time, for any reason or no reason, at our sole discretion without notice or liability.
4. Prohibited Conduct
You agree not to engage in any of the following prohibited behaviors:
- Using the Website for any unlawful, unauthorized, or fraudulent purpose.
- Transmitting any viruses, malware, trojan horses, or other malicious, destructive, or harmful code.
- Interfering with, disrupting, or attempting to gain unauthorized access to the Website's servers or infrastructure.
- Violating any local, state, national, or international laws, regulations, or third-party rights.
- Scraping, data-mining, or utilizing automated systems to harvest data from the Website without prior written approval.
5. Intellectual Property Rights
All content, design, text, graphics, logos, button icons, software, and other materials on the Website are the exclusive property of Monavie or its licensors and are protected by United States and international intellectual property laws. Unauthorized use, reproduction, distribution, or modification of any Content is strictly prohibited.
6. Product Information, Pricing, and Payment Terms
- Accuracy: We strive to ensure product descriptions and pricing are accurate, but we do not guarantee they are completely free of errors. We reserve the right to correct errors, update information, and refuse or cancel any orders placed for products listed with incorrect information.
- Payment Authorization: By submitting an order, you represent and warrant that you are authorized to use the designated payment method. You authorize us to charge your payment method for the total amount of your order (including applicable taxes, shipping fees, and handling charges).
- Chargebacks and Disputes: If you initiate an improper chargeback or payment dispute for valid transactions, Monavie reserves the right to suspend your account, recover collection costs, and ban you from future purchases.
7. Shipping, Title, and Risk of Loss
Purchases of physical items are made pursuant to a shipment contract. Unless otherwise specified on our Shipping, Returns & Refunds page:
- Risk of Loss: Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.
- Delays and Issues: Monavie is not responsible for carrier delays, lost packages, or items stolen post-delivery, though we will assist reasonably in filing claims with shipping carriers where applicable.
8. User-Generated Content and DMCA Policy
- User Content: If you submit or post reviews, photos, or comments ("User Content"), you grant Monavie a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display such content. You represent that you own or control all rights to your User Content.
- DMCA Notice: If you believe that any content on the Website infringes upon your copyright, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to our designated copyright agent at [email protected] with details of the alleged infringement.
9. Disclaimer of Warranties
THE WEBSITE AND ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MONAVIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONAVIE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS PURCHASED. MONAVIE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO MONAVIE IN THE PAST SIX (6) MONTHS.
11. Indemnification
You agree to defend, indemnify, and hold harmless Monavie, its affiliates, licensors, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
12. Dispute Resolution: Binding Arbitration and Class Action Waiver
- Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Website or products shall be resolved exclusively through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
- Arbitration Rules and Costs: The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted by a single arbitrator. Monavie will pay all AAA filing, administration, and arbitrator fees for any arbitration you initiate in which you seek less than ten thousand US dollars ($10,000). The arbitration may be conducted by telephone, by video conference, on written submissions, or in person in Alachua County, Florida, at your election.
- Your Right to Opt Out: You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice of your decision to opt out to [email protected] with the subject line "Arbitration Opt-Out," including your name and the email address associated with your account. Opting out will not affect any other provision of these Terms, and it will not affect your ability to use the Website or purchase products.
- Class Action Waiver: YOU AND MONAVIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Jury Trial Waiver: To the fullest extent permitted by law, you and Monavie knowingly and intentionally waive any right to a trial by jury in any legal proceeding arising out of or relating to these Terms.
13. Governing Law and Venue
These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without regard to conflict of law principles. Subject to the binding arbitration provisions in Section 12, any permitted legal action — including small claims proceedings, any action to compel or enforce arbitration, any action to confirm, modify, or vacate an arbitral award, and any claim for which arbitration is found not to apply — shall be brought exclusively within the state or federal courts located in Alachua County, Florida, and you consent to the exclusive personal jurisdiction of such courts.
14. Force Majeure
Monavie shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, hurricanes, pandemics, war, cyberattacks, supply chain collapses, utility outages, strikes, or governmental embargoes or restrictions.
15. Miscellaneous Provisions
- Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- Entire Agreement: These Terms, alongside our Privacy Policy and Shipping/Returns policies, constitute the entire agreement between you and Monavie regarding the Website and supersede all prior agreements.
- No Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term, and Monavie's failure to assert any right shall not constitute a waiver of such right.
- Assignment: Monavie may assign its rights and obligations under these Terms freely, including in connection with a merger, acquisition, or sale of assets, without your consent. You may not assign your rights without Monavie's prior written consent.
- Survival: Sections 5, 8, 9, 10, 11, 12, 13, and 15 shall survive any termination or expiration of these Terms.
16. Contact Information
For any questions regarding these Terms, please contact us at:
- Phone: 1-888-718-1706 (Monday – Friday, 10:00 AM – 5:00 PM EST)
- Email: [email protected]
- Mailing Address:
Monavie Blends LLC
6915 NW 4th Blvd, Suite A
Gainesville, FL 32607
United States
By using Monavie.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.