Welcome to Nox Beverages, LLC (“Nox”). The terms “we”, “us” and “our” refer to Nox. Nox operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Nox is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
We have made every effort to accurately represent our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not warrant that the quality of any products purchased by you will meet your expectations or be identical to how they are depicted in our online store. As a consumable beverage product, Nox products is intended for adult use. Please consult a healthcare professional before use if you have any medical conditions or concerns.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction on a case-by-case basis.
When you place an order, you are making an offer to purchase. Nox reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Nox confirms acceptance and processes your payment.
Please review your order carefully before submitting, as Nox may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of order.
Your purchases are subject to return or refund solely in accordance with our Refund & Guarantee Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, or handling charges.
We may offer promotions from time to time that affect pricing and are governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase and payment information for all orders. You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred, including applicable taxes, shipping, and handling.
All delivery times provided are estimates only and are not guaranteed. We are not liable for shipping delays caused by carriers, customs processing, weather, or any other events outside of our control. Once we transfer your order to the carrier, title and risk of loss passes to you.
For pre-sale orders, estimated ship dates are provided in good faith but are subject to change. We will notify you of any significant changes to your expected ship date.
Our Services, including all trademarks, brand assets, text, images, graphics, product content, video, audio, and the design and arrangement thereof, are owned by Nox, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.
The Nox name, logo, product names, designs, and slogans are trademarks of Nox Beverages LLC or its affiliates. You may not use such trademarks without our prior written permission. All rights not expressly granted herein are reserved by Nox.
You may be provided access to third-party tools as part of the Services, which we do not monitor or control. We provide access to such tools “as is” and “as available” without any warranties or endorsement, and we shall have no liability arising from your use of them.
Any use of optional third-party tools is entirely at your own risk and discretion. We may also introduce new features or tools through the Services in the future, which will be subject to these Terms.
The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for the content, accuracy, or practices of any third-party sites. If you choose to leave our Services to access third-party content, you do so at your own risk.
We are not liable for any harm or damages arising from your use of third-party websites or your purchase of products or services from third parties. Please review third-party policies carefully before engaging in any transaction.
[NOTE: This section accurately characterizes Shopify’s relationship with Nox and should not be removed or modified.]
Nox is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with Nox Beverages LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Nox, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Nox.
All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information in order to provide and improve the Services. Information you submit may be shared with Shopify and third parties located in other countries in order to fulfill your orders and operate the Services.
By using the Services, you acknowledge that you have read and understood our Privacy Policy and Shopify’s Privacy Policy.
If you submit any ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant Nox a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback in any medium for any purpose, including to operate, improve, and promote the Services.
You represent and warrant that you own or have all necessary rights to any Feedback you submit, and that your Feedback will not violate any third-party rights or contain unlawful, abusive, or harmful content. We are under no obligation to maintain your Feedback in confidence, compensate you for it, or respond to it.
We reserve the right to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, or otherwise objectionable.
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or shipping estimates. We reserve the right to correct any such errors and to change or update information or cancel orders affected by inaccuracies at any time without prior notice.
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon our intellectual property rights or those of any third party; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional materials; (g) to impersonate any person or entity; or (h) to interfere with or disrupt the Services or any other user’s experience.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, sell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in scraping, spidering, or phishing; or (e) attempt to circumvent the security features of the Services. We reserve the right to suspend or terminate your access at any time if you violate these Terms.
We may terminate this agreement or your access to the Services at any time, in our sole discretion and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, and Privacy Policy.
The information presented through the Services is for general informational purposes only. We disclaim all liability arising from any reliance placed on such information.
EXCEPT AS EXPRESSLY STATED BY NOX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, NOX, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Nox Beverages LLC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms without affecting the validity of any remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other policies posted by us, constitute the entire agreement between you and Nox regarding your use of the Services and supersede any prior agreements, whether oral or written.
You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void. We may transfer or assign these Terms and our rights and obligations at any time without notice to you.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. You and Nox consent to exclusive venue and personal jurisdiction in the state and federal courts located in Mecklenburg County, North Carolina.
Section headings in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any posted changes constitutes your acceptance of those changes. You can review the most current version of these Terms at any time at drinknox.com.
Questions about these Terms of Service should be directed to us at:
Nox Beverages, LLC
communications@drinknox.com
1201 Central Avenue, Charlotte, NC 28204
drinknox.com