Terms of service
Last updated: July 11, 2025
OVERVIEW
This website is operated by Pivot Performance Energy LLC. Throughout the site, the terms we, us and our refer to Pivot Performance Energy. Pivot Performance Energy offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Services and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use any Services. If any new features or tools are added to the current store, they shall also be subject to these Terms of Service.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to trademark, copyright, or health regulations).
You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your access to the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. Any reliance on material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We may modify or discontinue the Service at any time without liability.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products may have limited quantities and are subject to our Return Policy.
SECTION 6 - PRODUCT-SPECIFIC DISCLAIMERS
• Age & Caffeine Warnings: You must be at least 18 to purchase. Consult a physician if you are pregnant, nursing, or have a medical condition. Do not exceed the daily recommended servings printed on the label.
• Supplement Disclaimer: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
• Allergen & Ingredient Disclosure: Formulations may change. Always check the label for up-to-date ingredient and allergen information.
SECTION 7 - SHIPPING & FULFILLMENT
• Risk of Loss: Once carrier pickup occurs, risk of loss passes to you.
• Hazardous-Materials Notice: Some carriers treat caffeinated supplements as regulated products—special handling may apply.
• Delivery Estimates & Delays: Shipping times are estimates. We are not liable for delays due to force majeure or carrier issues.
SECTION 8 - PAYMENT & SUBSCRIPTION TERMS
• Accepted Payments: We accept major credit cards, PayPal, and digital wallets. All prices are in USD.
• Taxes & Duties: You are responsible for sales tax, import duties, and customs fees.
• Subscription/Auto-Ship: Recurring orders billed at checkout intervals you select. Cancel any time before the next billing cycle via your account settings.
SECTION 9 - INTELLECTUAL PROPERTY
All content on this site, including trademarks, logos, product photos, copy, and design, is owned by Pivot Performance Energy or its licensors. You may not use our intellectual property without our express written consent.
SECTION 10 - DISPUTE RESOLUTION
• Choice of Law & Venue: These Terms are governed by the laws of the State of Florida. Any disputes shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida.
• Arbitration/Small Claims: [Optional] Any dispute under these Terms may, at our option, be resolved through binding arbitration under JAMS rules or in small-claims court if within jurisdictional limits.
SECTION 11 - FORCE MAJEURE & ASSIGNMENT
• Force Majeure: We are not liable for delays or failures due to events beyond our control, including natural disasters, carrier strikes, or supply-chain disruptions.
• Assignment: We may assign or transfer these Terms to a successor without your consent.
SECTION 12 - NOTICES & CONTACT INFORMATION
We will communicate regarding these Terms via the email address on file or by posting notices on our website. It is your responsibility to keep your contact information current.
Contact us at:
Pivot Performance Energy LLC
3351 NW Boca Raton Blvd
Boca Raton, FL 33431
Email: alana@pivotenergydrink.com
SECTION 13 - OPTIONAL TOOLS
We may provide access to third-party tools at our discretion. Use of such tools is at your own risk and subject to their terms.
SECTION 14 - THIRD-PARTY LINKS
We are not responsible for the content or practices of third-party sites linked from our Service.
SECTION 15 - USER COMMENTS
We reserve the right to use, edit, or remove any comments you submit without obligation or compensation.
SECTION 16 - PERSONAL INFORMATION
Our Privacy Policy governs the collection and use of your personal data. See our Privacy Policy for details.
SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS
We may correct errors without notice and are not obligated to update any site information.
SECTION 18 - PROHIBITED USES
You may not use the site for illegal purposes, to infringe rights, or to transmit malicious code.
SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service is provided as is. We disclaim all warranties and limit liability to the extent permitted by law.
SECTION 20 - INDEMNIFICATION
You agree to indemnify Pivot Performance Energy and its affiliates against all claims arising from your breach of these Terms.
SECTION 21 - SEVERABILITY
If any provision is unenforceable, the remainder will remain in full force and effect.
SECTION 22 - TERMINATION
We may terminate your access for breach of these Terms. Surviving provisions include indemnification, disclaimers, and limitations of liability.
SECTION 23 - ENTIRE AGREEMENT
These Terms and any policies posted on our site constitute the entire agreement between you and us regarding your use of the Service.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance.
SECTION 25 - GOVERNING LAW
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
SECTION 26 - CONTACT INFORMATION
Questions about these Terms should be sent to alana@pivotenergydrink.com.