TERMS OF USE AGREEMENT

WELCOME TO DRINKDEFY.COM (THE "SITE"). THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY DEFY LLC ("DEFY"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY DEFY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access to this Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS SITE, NO INFORMATION OBTAINED BY THIS SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If DEFY believes the information you provide is not correct, current, or complete, DEFY has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.

General Conditions

DEFY reserves the right to refuse products and service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products or services without express written permission of DEFY. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Timeliness, Accuracy and Completion of Information

DEFY is not responsible if information made available 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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. DEFY has the right to modify the contents of this Site at any time, but DEFY has no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Service and Price Modifications

Prices for DEFY’s products are subject to change without notice.

DEFY reserves the right at any time to modify or discontinue the products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products or services.

Products or Services

DEFY reserves the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. DEFY may exercise this right on a case-by-case basis. DEFY reserves the right to limit the quantities of any products or services offered on this Site.

All descriptions of products or product pricing are subject to change at any time without notice, at DEFY’s sole discretion. DEFY reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

DEFY does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or Service will be corrected.

Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made through this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that DEFY can complete your transactions and contact you as needed.

Restrictions on Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without DEFY’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of DEFY. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with DEFY in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from this Site is the proprietary information of DEFY or the party that provided the Content to DEFY, and DEFY or the party that provided the Content to DEFY retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DEFY, or unless authorized in writing elsewhere on the Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates DEFY’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, DEFY. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or DEFY. DEFY has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and DEFY makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by DEFY of that site.

Submissions

You hereby grant to DEFY the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to DEFY through this Site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. DEFY will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future DEFY operations. DEFY will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.

Disclaimer

You understand that DEFY cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. DEFY does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by DEFY. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and DEFY does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

Although under no obligation to do so, DEFY reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither DEFY nor any third party that provides Content to DEFY will assume or have any liability for any action or inaction by DEFY or such third party with respect to any submission.

Limitation on Liability

DEFY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DEFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DEFY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DEFY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold DEFY, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of DEFY or the party that provided the trademarks, service marks, and logos to DEFY. DEFY and any party that provided trademarks, service marks, and logos to DEFY retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). DEFY will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that DEFY considers insecure, DEFY will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, DEFY reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. DEFY reserves the right to investigate suspected violations of these Terms of Use.

DEFY reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DEFY to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS DEFY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DEFY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DEFY OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Colorado, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Colorado in connection with any dispute between you and DEFY arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Colorado. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. DEFY may revise these Terms of Use at any time by updating this posting.

FAQ

What is DEFY?

DEFY is a Black-owned, woman-owned, and veteran-owned performance wellness company dedicated to helping athletes and active consumers reach their full potential with its DEFY Performance System.

Is DEFY a CBD company?

DEFY is a performance company. One division of our product offering - RECOVER - is made up of product that contain performance grade CBD. We also have NON CBD product collections BOOST + Immunity performance drink & Alkaline ph9.5+ Water.

Do your RECOVER products contain THC?

No. The performance spectrum CBD extract used in our products contains 0% THC. Our products are third party tested, and Certificates of Analysis for each batch may be found on our website under Quality Control.

What type of quality control systems are in place?

The Quality Control System utilized is a state of the art process designed to provide products & services that are safe for consumption, in compliance with quality standards, meet or exceed our specifications and comply with corresponding statutory and regulatory requirements. We want to know how the flavor, color, taste, and aroma will hold up over time in various conditions as this is crucial to ensuring a consistent, quality product.

The Quality Control system includes the following:

  • Adherence to current Hazard Analysis and Critical Control
  • Points (HACCP) Guidelines
  • cGMP Facility Certifications
  • FDA Compliance
  • SQF Certification
  • LEED Certification
  • KOSHER Certification
  • ORGANIC Certification
Who owns DEFY

Iconic professional athlete, Pro Football Hall of Famer, Super Bowl MVP and successful entrepreneur, Terrell Davis (TD) is DEFY Founder and Chief Development Officer. DEFY was inspired by his fitness journey and struggle with injury and inflammation following his career in the NFL. He partnered with DEFY Founder and CEO, Megan Bushell. A former Miss America finalist, Megan has wide ranging expertise in entrepreneurship and previously managed strategic partnerships with multinational corporations and 40+ teams across 5 professional sports leagues. The third founding partner and DEFY President & Chairman, Beau Wehrle, brings extensive experience in complex alternative investment opportunities and exceptional client relationships to the team. The team is rounded out by Eric Frohardt, DEFY Partner & COO. A former Navy SEAL with nearly 12 years of active duty in service to our nation, Eric rounds out the team, bringing his tactical expertise to keeping DEFY running at peak efficiency. Eric is also the driving force behind DEFY NATION.