Terms and Conditions (Verb Energy)
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND VERB ENERGY, LLC (“WE,” “US,” “OUR,” OR “VERB”), THE OWNER AND OPERATOR OF THE WEBSITE LOCATED AT WWW.VERBENERGY.COM
(THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT, AS WELL AS ANY SUBSCRIPTIONS THROUGH IT. BY ACCESSING OR USING THE SITE, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE SITE OR PURCHASE PRODUCTS OR SUBSCRIPTIONS.
By purchasing from Verb, you represent and warrant that you are at least 18 years old, or—if 13–17 years old—you are using the Site with the consent and supervision of a parent or legal guardian who agrees to bind you to this Agreement and to indemnify Verb for your breach.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the Site
We may add to, change, or remove any part of the Site (including any content) at any time without prior notice.
1.2 – Personal Information/Privacy
You agree to provide accurate, current, and complete information for purchases and participation in subscriptions (defined in §3.1). We may block sales to Customers who provide false, inaccurate, or incomplete data. You acknowledge we use third-party payment processors to process orders and bill fees to your payment method. Our Privacy Policy, available at www.verbenergy.com/privacy
, explains how we collect, use, and disclose personal information. You consent to our use of your information as described there.
2 – PASSWORDS; USE OF SITE
2.1 – Passwords and Third-Party Logins
The Site may allow you to log in using credentials from third-party services (e.g., Google, Facebook) subject to those services’ terms and privacy policies. You are responsible for safeguarding your password(s) and account. Notify Verb immediately of any unauthorized use or security breach relating to the Site.
2.2 – Use of Site; Prohibited Uses
Subject to this Agreement, Verb grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to access the Site and use the content on it (the “Content”) for personal, non-commercial use. You may not copy, modify, distribute, publicly display, perform, or create derivative works from the Content except as expressly permitted. You may not remove proprietary notices.
You agree not to: (a) bypass security or attempt unauthorized access; (b) use bots/scrapers or similar tools to access or copy the Site; (c) interfere with Site operation; (d) attempt to obtain information about other users; (e) use the Site for any illegal or prohibited purpose; or (f) reverse engineer or attempt to extract source code of any Site software.
3 – TERMS OF SALE
3.1 – Sales to End Users; Subscriptions
Verb sells energy bars, protein bars, hydration mixes, and related products (the “Products”) from the Site to end-user customers for personal, non-commercial use. We may offer auto-renewing product subscriptions (“Subscriptions”). Purchases and Subscriptions may not be used for resale or distribution. Rights under a Subscription are personal and non-transferable.
3.2 – Pricing
Current pricing (including shipping/handling) appears on the Site. The price charged is the price posted at the time your order is placed. Prices may change at any time, and we do not offer price protection or retroactive discounts for promotions or price decreases. If you enroll in auto-replenishment during a promotion, discounts apply as stated for the initial order; future Subscription renewals bill at the then-current non-promotional price unless expressly stated otherwise on the offer page.
3.3 – Refunds/Cancellations (Satisfaction Guarantee)
We stand behind our Products. If you’re not satisfied, contact hey@verbenergy.com
within 30 days of delivery to initiate a refund or replacement consistent with our then-current return policy posted on the Site. We may request feedback to improve your experience. We may refuse returns in cases of abuse, excessive claims, suspected fraud, or policy violations.
3.4 – Payment Methods; Automatic Renewals; Managing or Canceling
We accept major credit/debit cards and other methods shown at checkout. You authorize charges for Products, taxes, shipping, and applicable fees to your selected payment method.
Automatic Renewal. If you enroll in a Subscription, it will automatically renew and charge your payment method at the stated interval until you cancel. You can cancel or modify your Subscription at any time before the next renewal is processed via your account portal at www.verbenergy.com
(or via a link we provide in renewal emails). If you need help, email hey@verbenergy.com
. Upon cancellation, you’ll retain benefits through the end of the paid period; future renewals will stop.
Your card issuer may update your card details automatically; you authorize our processor to charge updated credentials. Contact your issuer to opt out of updater services.
All amounts are in U.S. Dollars.
3.5 – Shipping and Product Acceptance
Shipping methods, timelines, and carriers are shown at checkout and/or in our Shipping Policy. Shipping dates are estimates only. Risk of loss and title pass to you upon our delivery of Products to the carrier.
4 – GIFT CARDS
These Verb Energy Gift Card Terms and Conditions apply in addition to this Agreement and our Privacy Policy.
4.1 – Purchasing and Redemption
Purchasing a digital gift card (“Gift Card”) constitutes acceptance of these terms. Gift Cards may be purchased and redeemed on www.verbenergy.com
toward eligible products. Balances are tracked in the recipient’s Site account once redeemed. If an order exceeds the Gift Card balance, the remainder must be paid with a supported payment method. To check a balance, contact hey@verbenergy.com
. Gift Cards do not expire.
4.2 – Use and Limitations
Gift Cards may be purchased and redeemed by persons residing in the 50 U.S. states and D.C. only, used solely on www.verbenergy.com
, and cannot be reloaded, resold, transferred for value, redeemed for cash (except as required by law), or used to buy other Gift Cards. Unused balances are non-transferable. Gift Cards may be used as personal or business gifts but not in marketing or promotions without Verb’s prior written approval. Use of Verb’s name, logos, or trade dress requires prior written consent.
4.3 – Risk of Loss
Treat Gift Cards like cash. We are not responsible for lost, stolen, destroyed, or unauthorized use of Gift Cards. If lost or stolen, contact hey@verbenergy.com
. Replacement (if any) may require proof of purchase and remaining balance verification.
4.4 – Fraud
We may suspend or cancel Gift Cards, close accounts, or reverse credits if we suspect fraud, abuse, or illegal activity. We may charge the payment method used to purchase a fraudulently obtained Gift Card.
4.5 – Disclaimer; Limitation
GIFT CARDS ARE PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR MAXIMUM LIABILITY FOR A NON-FUNCTIONAL GIFT CARD CODE (NOT DUE TO EXHAUSTION) IS REPLACEMENT OF THAT CODE AS PERMITTED BY LAW.
4.6 – Indemnification
You agree to defend and indemnify Verb and its affiliates, officers, employees, and agents from claims arising from your Gift Card use or violation of these terms.
4.7 – Governing Law; Disputes
Gift Card disputes are governed by §10 (Dispute, Arbitration; Choice of Law) of this Agreement.
5 – REFERRALS
Verb may offer a referral program where customers can share a unique link (“Personal Link”) with friends (“Prospective Customers”). Details (reward amount, eligibility, and any caps) are described on the referral page of the Site and are incorporated here.
A “Qualified Referral” occurs when a Prospective Customer (who is new to Verb) clicks your Personal Link and completes a qualifying initial purchase in the same browser session, meeting all requirements posted on the referral page.
Referral rewards (e.g., store credits) have no cash value, are non-transferable, and may be used only as stated on the Site. We may withhold, reverse, or revoke rewards for suspected fraud, abuse, or violation of these terms.
No part of the referral program is directed to persons under 13.
Do not spam; referrals must be personal and compliant with applicable laws (e.g., CAN-SPAM). We may disable accounts for bulk/unsolicited referrals, deceptive practices, or harassment.
The program may change or end at any time in our discretion.
6 – PROPRIETARY RIGHTS
All right, title, and interest in and to the Site and Content are owned by Verb or its licensors and are protected by intellectual property laws. “Verb Energy,” related marks, and all associated logos are trademarks of Verb Energy, LLC in the United States. Other trademarks are the property of their respective owners. Except as permitted by law or this Agreement, any reproduction, distribution, modification, retransmission, or publication of Site materials is prohibited without the prior written consent of the applicable rights holder.
7 – THIRD-PARTY SITES; INDEMNIFICATION
7.1 – Third-Party Websites
The Site may link to third-party sites (e.g., social networks). We provide these links for convenience and do not endorse or control those sites. Your use of third-party sites is at your own risk and subject to their terms and privacy policies.
7.2 – Indemnification
You agree to defend, indemnify, and hold harmless Verb and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of this Agreement; (b) your misuse of the Site, Content, or Products; or (c) your violation of applicable law.
8 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS, AND SUBSCRIPTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT IS ACCURATE OR COMPLETE.
9 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VERB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, CONTENT, PRODUCTS, OR SUBSCRIPTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, VERB’S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID VERB FOR THE PRODUCT OR SUBSCRIPTION GIVING RISE TO THE CLAIM; OR (B) US$100.
Certain jurisdictions do not allow limitations on implied warranties or exclusion of certain damages; if those laws apply to you, some limitations may not apply.
10 – DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
Please read carefully. It affects your rights.
Before initiating a formal dispute, you agree to email hey@verbenergy.com
so we can attempt to resolve it informally.
Arbitration & Class Action Waiver. Except for disputes relating to Verb’s intellectual property or claims eligible for small-claims court, any dispute arising out of or relating to this Agreement or your use of the Site/Products shall be resolved by binding individual arbitration under the Federal Arbitration Act and the rules of the American Arbitration Association (AAA). Class arbitrations, class actions, and representative proceedings are not permitted. The arbitrator may award the same relief available in court, subject to the limitations in this Agreement. Discovery will be limited to what the arbitrator deems necessary. Each party bears its own fees and costs, unless a statute provides otherwise. Proceedings and awards will be confidential to the extent permitted by law.
Governing Law & Venue. This Agreement is governed by U.S. federal law and the laws of the State of Delaware, without regard to conflict-of-laws rules. Arbitration (or, if ineligible, court proceedings) will take place in New Castle County, Wilmongton Delaware. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
11 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
11.1 – Electronic Communications
When you visit the Site or email us, you communicate electronically and consent to receive electronic communications from us (e.g., emails, notices on the Site). Such communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.
11.2 – General Terms
We may issue warnings, suspend, or terminate access to the Site (including accounts) for any reason in our discretion, including violations of this Agreement or applicable law. This Agreement and our Privacy Policy constitute the entire agreement between you and Verb regarding the Site and supersede prior or contemporaneous agreements on the subject matter. If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce a provision is not a waiver. You and Verb are independent contracting parties. This Agreement does not create third-party beneficiary rights except for Verb’s indemnitees in §7.2. We may assign this Agreement; you may not assign it without our prior written consent. All provisions intended to survive termination will so survive.