Terms of service

Effective Date: June 8, 2026

These Terms of Service & Sale ("Terms") govern your access to and use of the Alpha Shakes™ website, products, subscriptions, services, content, and related offerings.

These Terms form a legally binding agreement between you and Alpha Shakes LLC, a Tennessee limited liability company ("Alpha Shakes," "we," "us," or "our"), and each person who accesses, browses, purchases from, subscribes to, or otherwise interacts with our website, products, or services ("you" or "your").

Please read these Terms carefully before using our website or purchasing any products.

OUR APPROACH

At Alpha Shakes™, we believe important information should be understandable.

We've written these Terms in plain English wherever possible because we believe transparency builds trust. While these Terms are legally binding, they are also intended to clearly explain how our website, products, subscriptions, educational content, guarantees, and services work.

By using our website, creating an account, purchasing a Product, enrolling in a Subscription, submitting content, participating in a promotion, or otherwise interacting with Alpha Shakes™, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our website, products, or services.

PART I: INTRODUCTION, ACCEPTANCE, AND DEFINITIONS

SECTION 1: ELIGIBILITY

You must be at least eighteen (18) years old to use our website, purchase Products, create an account, enroll in a Subscription, submit User Content, or otherwise engage with our services.

By using our website or purchasing our Products, you represent and warrant that:

(a) you are at least eighteen (18) years old;

(b) you have the legal capacity to enter into a binding agreement;

(c) all information you provide to us is truthful, accurate, and complete; and

(d) your use of our website and Products complies with all applicable laws.

Our Products are intended for adults and are not marketed to children.

SECTION 2: TERRITORY

Alpha Shakes™ currently sells Products only within the United States.

We make no representation that our website, Products, services, content, or materials are appropriate, available, or lawful outside the United States.

If you access our website from outside the United States, you do so at your own initiative and are solely responsible for compliance with local laws.

We reserve the right to restrict access, shipments, sales, or services to any geographic region at any time.

SECTION 3: ACCEPTANCE OF THESE TERMS

These Terms apply to:

• visitors to our website;

• customers;

• subscribers;

• account holders;

• participants in promotions, giveaways, surveys, and waitlists;

• affiliates and ambassadors;

• individuals who submit reviews, testimonials, photographs, videos, comments, or other content;

• any other users of our website, Products, or services.

By accessing or using any part of our website or services, you acknowledge that:

(a) you have read these Terms;

(b) you understand these Terms; and

(c) you agree to be legally bound by these Terms.

SECTION 4: DEFINITIONS

For purposes of these Terms:

"Account" means any account created through our website or related services.

"Affiliate" means any independent promoter, ambassador, creator, influencer, referral partner, or affiliate participating in an Alpha Shakes™ affiliate or ambassador program.

"Content" means all text, graphics, images, photographs, videos, audio, designs, trademarks, logos, educational materials, research summaries, downloadable materials, software, code, data, and other materials made available through our website or services.

"Educational Content" means articles, blog posts, ingredient information, scientific references, research summaries, videos, emails, social media content, guides, FAQs, customer support materials, and other informational content provided by Alpha Shakes™.

"Products" means all physical goods, meal replacements, merchandise, shaker bottles, apparel, accessories, digital products, downloadable materials, subscriptions, memberships, services, and future offerings sold or provided by Alpha Shakes™.

"Scientific Reference" means any reference to a study, publication, clinical trial, ingredient research, scientific literature, or other research material.

"Subscription" means any recurring purchase arrangement offered through Alpha Shakes™.

"User Content" means any review, testimonial, photograph, video, comment, social media post, message, submission, feedback, rating, suggestion, idea, or other content submitted, posted, tagged, uploaded, shared, or otherwise provided by a user.

"Website" means alphashakes.com and any associated domains, landing pages, applications, software, platforms, communications, and digital properties operated by Alpha Shakes™.

SECTION 5: MODIFICATIONS TO THESE TERMS

We may update, revise, modify, or replace these Terms from time to time.

When we make material changes, we may provide notice through our website, email, account notifications, or other reasonable means.

The most current version of these Terms will always govern your use of our website, Products, and services.

Your continued use of our website, Products, or services after updated Terms become effective constitutes acceptance of those revised Terms.

If you do not agree to any revised Terms, you must discontinue use of our website, Products, and services.

PART II: WEBSITE USE, ACCOUNTS, INTELLECTUAL PROPERTY & ACCEPTABLE USE

SECTION 6: LIMITED LICENSE TO USE THE WEBSITE

Subject to these Terms, Alpha Shakes™ grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website solely for your personal, non-commercial use.

This license does not transfer any ownership interest in the Website or any Content.

Except as expressly permitted by these Terms or applicable law, you may not:

• copy, reproduce, distribute, publish, transmit, display, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works from, or exploit any portion of the Website or Content;

• use the Website for any commercial purpose without our prior written consent;

• remove, alter, or obscure any copyright, trademark, or proprietary notices;

• use any Alpha Shakes™ intellectual property in connection with products or services that are not authorized by Alpha Shakes™; or

• otherwise use the Website or Content in any manner inconsistent with these Terms.

We reserve all rights not expressly granted herein.

SECTION 7: ACCOUNT REGISTRATION & SECURITY

Certain features of the Website may require you to create an Account.

You agree to:

• provide accurate, complete, and current information;

• promptly update any information that becomes inaccurate;

• maintain the confidentiality of your login credentials;

• restrict access to your Account; and

• immediately notify Alpha Shakes™ of any suspected unauthorized access or security breach.

You are solely responsible for all activity occurring under your Account, whether or not authorized by you.

We reserve the right to suspend, restrict, or terminate any Account at our sole discretion if we reasonably believe:

• fraudulent activity has occurred;

• these Terms have been violated;

• the Account presents a security risk;

• information provided is inaccurate; or

• continued access may expose Alpha Shakes™ or other users to harm.

SECTION 8: ACCEPTABLE USE

You agree to use the Website only for lawful purposes.

You may not:

(a) violate any applicable law, regulation, or governmental order;

(b) infringe any intellectual property, privacy, publicity, or contractual rights;

(c) impersonate another person or entity;

(d) provide false or misleading information;

(e) interfere with or disrupt the operation of the Website;

(f) attempt to gain unauthorized access to any systems or networks;

(g) upload or distribute viruses, malware, ransomware, spyware, or malicious code;

(h) interfere with security features or authentication systems;

(i) collect or harvest personal information belonging to other users;

(j) use the Website for spam, phishing, fraud, or deceptive conduct;

(k) use automated systems to create Accounts or submit reviews;

(l) manipulate ratings, reviews, testimonials, promotions, referral programs, or affiliate programs;

(m) purchase Products for unauthorized resale or commercial redistribution;

(n) engage in conduct that could reasonably damage the reputation or goodwill of Alpha Shakes™; or

(o) assist, encourage, or enable any third party to engage in prohibited conduct.

Violation of this Section may result in immediate suspension or termination of access without notice.

SECTION 9: INTELLECTUAL PROPERTY

The Website and all Content are owned by or licensed to Alpha Shakes LLC and are protected by United States and international intellectual property laws.

This includes, without limitation:

• Alpha Shakes™

• logos

• trademarks

• trade dress

• slogans

• product names

• graphics

• illustrations

• icons

• photography

• videos

• audio recordings

• research summaries

• ingredient descriptions

• educational materials

• articles

• blog content

• recipes

• downloadable resources

• software

• source code

• website design

• layout

• databases

• compilations

• text

• formatting

• functionality

Nothing contained on the Website grants any ownership interest or license except as expressly stated in these Terms.

Unauthorized use may violate copyright, trademark, trade secret, unfair competition, and other applicable laws.

SECTION 10: AI, AUTOMATED ACCESS & DATA EXTRACTION

Alpha Shakes™ expressly prohibits the use of the Website or any Content for the purpose of developing, training, improving, evaluating, benchmarking, or operating any artificial intelligence, machine learning, large language model, neural network, algorithmic system, or similar technology without our prior written permission.

Without limitation, you may not:

• scrape or harvest Website Content;

• create datasets derived from the Website;

• copy research summaries or educational materials for AI training;

• use bots or automated scripts to extract information;

• use automated tools to monitor pricing, inventory, or product availability;

• reproduce Content for vector databases or retrieval systems;

• use APIs, crawlers, spiders, indexing software, or automated agents except as expressly authorized by Alpha Shakes™.

Any unauthorized automated access may constitute unauthorized access under applicable law and may result in legal action.

SECTION 11: USER SUBMISSIONS

If you voluntarily submit suggestions, ideas, feedback, comments, concepts, product recommendations, or other materials ("Feedback"), you grant Alpha Shakes™ a perpetual, worldwide, irrevocable, royalty-free, fully transferable, sublicensable license to use, modify, reproduce, distribute, adapt, publish, commercialize, display, perform, and create derivative works from such Feedback for any lawful purpose without compensation or attribution.

You represent that:

• you own or control the rights necessary to submit the Feedback;

• the Feedback does not violate any third-party rights;

• the Feedback is accurate to the best of your knowledge; and

• the Feedback does not contain unlawful, defamatory, fraudulent, or misleading content.

We have no obligation to maintain Feedback in confidence or to respond to any submission.

SECTION 12: THIRD-PARTY SERVICES

The Website may integrate or link to third-party services including payment processors, subscription platforms, review providers, analytics providers, shipping partners, social media platforms, messaging providers, and other service providers.

Your interactions with those third parties are governed by their own terms and privacy policies.

Alpha Shakes™ does not control and is not responsible for third-party websites, products, services, content, policies, or practices.

Links to third-party websites do not constitute endorsement.

You access third-party services at your own risk.

SECTION 13: ACCESSIBILITY

Alpha Shakes™ is committed to providing a website experience that is accessible and user-friendly. Our Accessibility Statement provides additional information regarding our accessibility efforts and how users may contact us with accessibility-related questions or concerns.

Our Accessibility Statement is incorporated into these Terms by reference solely to the extent it applies to use of the Website. Nothing in these Terms or the Accessibility Statement constitutes a representation that the Website will be free from all accessibility barriers or that Alpha Shakes™ has conducted a technical accessibility audit, unless expressly stated in writing by Alpha Shakes™.

SECTION 14: RESERVATION OF RIGHTS

Except for the limited license expressly granted herein, all rights, title, and interest in and to the Website, Products, Content, trademarks, intellectual property, technology, software, data, and business operations remain exclusively owned by Alpha Shakes LLC.

No implied licenses are granted.

Any rights not expressly granted under these Terms are reserved by Alpha Shakes™.

PART III: MEDICAL, NUTRITION, SCIENTIFIC RESEARCH & EDUCATIONAL CONTENT

SECTION 15: IMPORTANT HEALTH INFORMATION

Alpha Shakes™ Products are meal replacement products intended to support a healthy lifestyle. They are not individualized nutrition plans and are not a substitute for professional medical advice, diagnosis, or treatment.

The information provided through our Website, Product packaging, emails, text messages, social media channels, advertisements, customer support communications, Educational Content, Scientific References, and other materials is provided solely for general informational and educational purposes.

Nothing provided by Alpha Shakes™ creates a physician-patient, dietitian-patient, therapist-patient, or other healthcare professional relationship.

You should always seek the advice of your physician or another qualified healthcare provider regarding any medical condition, dietary change, medication, treatment plan, or health concern. Never disregard professional medical advice or delay seeking treatment because of information obtained from Alpha Shakes™.

If you believe you are experiencing a medical emergency, immediately call 911 or contact the appropriate emergency medical services provider.

SECTION 16: FDA AND PRODUCT CLAIMS

Unless expressly stated otherwise on applicable Product labeling, Alpha Shakes™ Products are intended to be conventional food and meal replacement products, not drugs.

Alpha Shakes™ Products are not intended to diagnose, treat, cure, prevent, or mitigate any disease, illness, disorder, injury, or medical condition. No statement made by Alpha Shakes™ should be interpreted as a representation that any Product will diagnose, treat, cure, prevent, mitigate, or eliminate any disease, illness, disorder, injury, or medical condition.

Statements regarding Products, ingredients, nutritional information, Scientific References, Educational Content, testimonials, reviews, or other materials are intended to provide general nutrition, wellness, or educational information and must not be understood as medical advice or disease-related claims.

If Alpha Shakes™ offers a Product in the future that is regulated as a dietary supplement, drug, or other specially regulated product, Alpha Shakes™ will provide any additional labeling, disclaimers, disclosures, or notices required by applicable law for that Product.

SECTION 17: SCIENTIFIC RESEARCH & EDUCATIONAL CONTENT

Alpha Shakes™ believes nutrition decisions should be informed by evidence whenever possible.

Accordingly, we may provide Educational Content discussing:

• nutritional science;

• ingredient research;

• peer-reviewed publications;

• clinical studies;

• scientific literature;

• historical research;

• traditional ingredient uses;

• expert commentary; and

• emerging areas of nutrition science.

This information is intended solely to educate consumers and promote informed decision-making.

Scientific understanding evolves over time.

New studies may confirm, refine, contradict, or replace previous findings.

Accordingly, Alpha Shakes™ does not represent or warrant that Educational Content will always reflect the most current scientific consensus or that every Scientific Reference will remain applicable indefinitely.

Educational Content should not be relied upon as the sole basis for making health, dietary, exercise, supplementation, or medical decisions.

SECTION 18: CLINICALLY STUDIED INGREDIENTS

Alpha Shakes™ may reference clinically studied ingredients incorporated into our Products.

Unless expressly stated otherwise:

(a) referenced clinical studies were conducted on individual ingredients rather than Alpha Shakes™ finished Products;

(b) ingredient-specific research should not be interpreted as research conducted on Alpha Shakes™ Products as a whole;

(c) ingredient dosage, study design, participant population, duration, methodology, outcome measures, and other variables may differ from the composition or recommended use of Alpha Shakes™ Products;

(d) scientific references are provided solely for educational purposes and should not be interpreted as guarantees of performance or outcomes.

The inclusion of an ingredient in an Alpha Shakes™ Product does not constitute a representation that every consumer will experience the same results observed in published research.

SECTION 19: INDIVIDUAL RESULTS MAY VARY

Every individual is different.

Nutrition, exercise, genetics, age, medications, existing health conditions, lifestyle, sleep, stress, dietary habits, and countless other factors influence individual responses to food and nutritional products.

Accordingly:

• individual experiences will vary;

• testimonials are individual experiences only;

• customer reviews are not guarantees of future performance;

• before-and-after experiences are not representative of every customer;

• no Product is guaranteed to produce any particular outcome.

Any descriptions of energy, mood, recovery, cognition, performance, vitality, wellness, or similar concepts are general product descriptions and should not be interpreted as guarantees of individual results.

SECTION 20: TESTIMONIALS & CUSTOMER EXPERIENCES

Testimonials, reviews, ratings, photographs, videos, social media posts, and other customer experiences displayed by Alpha Shakes™ represent the personal opinions and experiences of individual customers.

They are provided for illustrative purposes only. Testimonials:
· are not intended to represent or guarantee that any current or future customer will achieve similar results;
· should not be interpreted as scientific evidence;
· do not constitute medical claims;
· may have been edited for grammar, spelling, formatting, or length without altering their substantive meaning; and
· may reflect the experience of customers who received free Products, promotional benefits, discounts, affiliate commissions, or other compensation, where such connection is disclosed as required by applicable law.

Alpha Shakes™ does not intentionally publish fake reviews or testimonials, does not require customers to provide only positive reviews, and does not condition any incentive on a customer providing a positive review. Customer experiences may vary.

SECTION 21: NUTRITIONAL INFORMATION

Nutritional information, ingredient lists, serving sizes, allergen information, product images, descriptions, and packaging are provided for convenience.

While Alpha Shakes™ strives for accuracy, formulations, ingredients, nutritional values, sourcing, appearance, packaging, and labeling may change from time to time.

Customers should always review the actual Product packaging before consumption.

If there is any conflict between Website content and Product packaging, the Product packaging controls.

SECTION 22: ALLERGENS AND INGREDIENT SENSITIVITIES

Current Alpha Shakes™ Products contain:

• Milk

• Egg

• Tree Nut (Coconut)

Individuals with food allergies, sensitivities, intolerances, or dietary restrictions should carefully review all Product information before purchase or consumption.

Although Alpha Shakes™ employs quality control procedures, we cannot guarantee that Products are free from trace amounts of allergens introduced during sourcing, manufacturing, packaging, or transportation.

Consumption of any Product is at your own risk.

You are solely responsible for determining whether a Product is appropriate for your individual dietary needs.

SECTION 23: PREGNANCY, BREASTFEEDING, AND MEDICAL CONDITIONS

Alpha Shakes™ Products are intended for adults eighteen (18) years of age and older.

If you are:

• pregnant;

• planning to become pregnant;

• breastfeeding;

• taking prescription medications;

• managing a medical condition;

• recovering from surgery;

• following a medically prescribed diet; or

• under the care of a healthcare professional,

you should consult your physician or qualified healthcare provider before consuming any Alpha Shakes™ Product.

Keep Products out of the reach of children.

SECTION 24: NO GUARANTEE OF HEALTH OUTCOMES

Alpha Shakes™ believes that long-term health is influenced by numerous factors including nutrition, exercise, sleep, stress management, genetics, environment, and personal lifestyle choices.

No Product offered by Alpha Shakes™ guarantees improved health, disease prevention, weight management, physical performance, mental performance, hormonal status, longevity, athletic performance, or any other specific outcome.

Alpha Shakes™ Products should be viewed as one component of an overall healthy lifestyle rather than a substitute for balanced nutrition, medical care, physical activity, or other healthy behaviors.

SECTION 25: ASSUMPTION OF RISK

By purchasing or consuming Alpha Shakes™ Products, you acknowledge and agree that:

(a) all foods and nutritional products carry inherent risks, including allergic reactions, ingredient sensitivities, digestive discomfort, and individual variability;

(b) you are voluntarily choosing to purchase and consume the Products;

(c) you are responsible for reviewing ingredient information and determining whether a Product is appropriate for your personal circumstances;

(d) Alpha Shakes™ cannot predict or guarantee individual responses to any Product; and

(e) except where prohibited by applicable law, you voluntarily assume all risks associated with the purchase, handling, preparation, storage, and consumption of Alpha Shakes™ Products.

Nothing contained in this Section limits any non-waivable rights provided under applicable consumer protection laws.

PART IV: PRODUCTS, ORDERS & SALES

SECTION 26: PRODUCTS

Alpha Shakes™ offers premium nutritional products, meal replacements, merchandise, shaker bottles, apparel, accessories, and other products or services that may be introduced from time to time (collectively, the "Products").

We continually evaluate and improve our Products and reserve the right to:

• modify formulations;

• update ingredients;

• change sourcing;

• improve packaging;

• discontinue Products;

• introduce new Products;

• limit availability; or

• replace components,

without prior notice, except where prohibited by applicable law.

Product images, colors, textures, and packaging displayed on the Website are intended for illustrative purposes only and may vary from the Products you receive.

SECTION 27: PRODUCT INFORMATION

We strive to ensure that Product descriptions, nutritional information, ingredient lists, pricing, images, availability, specifications, and other information are accurate.

However, occasional typographical errors, omissions, inaccuracies, delays, or technical errors may occur.

Alpha Shakes™ does not warrant that all Website information will always be complete, current, or error-free.

We reserve the right to correct errors, update information, or cancel orders affected by errors at any time, including after an order has been submitted.

SECTION 28: PRODUCT AVAILABILITY

All Products are offered subject to availability.

Adding a Product to your cart does not reserve inventory or guarantee availability.

We reserve the right to:

• limit quantities;

• restrict sales by customer;

• restrict sales by household;

• restrict sales by payment method;

• restrict sales by shipping address;

• discontinue Products; or

• refuse sales,

at our sole discretion.

These limitations help protect inventory, ensure fair access, prevent fraud, and discourage unauthorized resale.

SECTION 29: ORDER ACCEPTANCE

Submitting an order constitutes an offer to purchase Products.

Receipt of an order confirmation email does not constitute acceptance of your order.

A binding sales agreement is formed only when Alpha Shakes™ accepts your order and prepares it for fulfillment.

We reserve the right to refuse, cancel, modify, or limit any order for any lawful reason, including where we reasonably believe:

• fraud may be involved;

• payment cannot be verified;

• inventory is unavailable;

• pricing errors occurred;

• shipping information is inaccurate;

• resale activity is suspected;

• multiple promotional accounts are being used; or

• fulfillment would violate applicable law.

If payment has already been collected for a cancelled order, we will refund the amount paid using the original payment method.

SECTION 30: PRICING

All prices are displayed in United States Dollars (USD).

Prices, promotions, discounts, subscription pricing, bundles, offers, and availability may change without notice.

Unless expressly stated otherwise:

• promotions cannot be combined;

• discounts have no cash value;

• promotional pricing applies only during the stated promotional period;

• expired offers will not be honored.

We reserve the right to correct pricing errors, including after an order has been submitted.

If a material pricing error occurs, we may:

• contact you with corrected pricing;

• provide the opportunity to confirm the order; or

• cancel the order and issue a full refund.

SECTION 31: TAXES

Applicable sales tax will be calculated based upon the shipping destination and applicable law.

Customers are solely responsible for any other taxes, duties, fees, or governmental charges imposed in connection with their purchase except where collection is required by law.

SECTION 32: PAYMENT

By placing an order, you represent and warrant that:

• you are authorized to use the selected payment method;

• payment information is accurate;

• sufficient funds are available; and

• you authorize Alpha Shakes™ and its payment processors to charge all applicable amounts.

We may utilize third-party payment processors to securely process transactions.

Alpha Shakes™ does not store complete payment card information.

If payment authorization fails or is subsequently reversed, we may suspend fulfillment, cancel the order, or pursue any lawful remedies available.

SECTION 33: FRAUD PREVENTION

To protect our customers and business operations, Alpha Shakes™ reserves the right to investigate any order that appears unusual or suspicious.

Without limitation, we may:

• request identity verification;

• require additional payment verification;

• limit purchase quantities;

• cancel duplicate orders;

• reject orders utilizing multiple promotional accounts;

• refuse shipments to freight forwarding companies;

• refuse shipments associated with suspected resale activity; or

• permanently restrict future purchases.

Our fraud prevention efforts are intended to protect legitimate customers and preserve the integrity of promotions, subscriptions, and the 30-Day Money-Back Guarantee.

SECTION 34: NO UNAUTHORIZED RESALE

Alpha Shakes™ Products are sold directly to end consumers for personal use.

Unless expressly authorized in writing by Alpha Shakes LLC, you may not:

• resell Products;

• distribute Products commercially;

• relabel Products;

• remove packaging or trademarks;

• repackage Products;

• advertise Products as an authorized reseller;

• sell Products through Amazon, Walmart Marketplace, eBay, Etsy, Facebook Marketplace, or similar marketplaces; or

• include Products within commercial subscription boxes or bundles.

Unauthorized resale may:

• void eligibility for the 30-Day Money-Back Guarantee;

• void Product warranties to the fullest extent permitted by law;

• result in cancellation of future orders;

• result in termination of Accounts; and

• constitute infringement of Alpha Shakes™ intellectual property rights.

SECTION 35: PROMOTIONS, GIVEAWAYS & WAITLISTS

From time to time Alpha Shakes™ may offer:

• promotional pricing;

• giveaways;

• referral incentives;

• waitlists;

• early access opportunities;

• limited edition Products;

• exclusive launches; or

• loyalty benefits.

Unless otherwise specified:

• promotions are available while supplies last;

• promotions may be modified or terminated at any time;

• promotions cannot be transferred;

• promotions cannot be redeemed for cash;

• promotions may not be combined with other offers;

• Alpha Shakes™ may disqualify participants engaging in fraud, abuse, automation, or manipulation.

The decisions of Alpha Shakes™ regarding promotions are final and binding except where prohibited by law.

SECTION 36: TITLE & RISK OF LOSS

Title to Products passes to you upon delivery of the Products to the shipping address provided at checkout, except where applicable law provides otherwise.

Risk of loss transfers upon delivery to the shipping address provided by the customer, subject to applicable consumer protection laws. Alpha Shakes™ is not responsible for theft, loss, damage, or misdelivery occurring after confirmed delivery to the shipping address provided by the customer, although we may, in our sole discretion, assist customers in resolving carrier issues.

Customers are responsible for providing accurate shipping information. Orders shipped to incorrect or incomplete addresses supplied by the customer may not be eligible for replacement or refund, except where required by applicable law or where the issue resulted from Alpha Shakes™ error.

SECTION 37: BUSINESS CONTINUITY

Alpha Shakes™ may experience circumstances beyond its reasonable control including supply shortages, ingredient availability issues, manufacturing delays, transportation disruptions, natural disasters, labor shortages, governmental actions, public health emergencies, cybersecurity incidents, or other unforeseen events.

In such circumstances, we reserve the right to delay, modify, substitute packaging, temporarily suspend, or cancel Product availability without liability except as required by applicable law.

We will make commercially reasonable efforts to communicate significant disruptions affecting customer orders.

SECTION 38: FUTURE PRODUCTS & SERVICES

These Terms apply not only to current Products but also to future Alpha Shakes™ offerings, including nutritional products, supplements, merchandise, digital content, downloadable materials, memberships, subscriptions, educational resources, software, mobile applications, community features, loyalty programs, and other services that may be introduced from time to time unless separate terms expressly govern those offerings.

By continuing to use future Products or services, you agree that these Terms will govern unless superseded by specific additional terms.

PART V: SHIPPING & DELIVERY

SECTION 39: SHIPPING LOCATIONS

Alpha Shakes™ currently ships Products only within the United States.

We reserve the right to:

● expand or restrict shipping territories;

● refuse shipments to particular locations;

● discontinue shipping services to certain regions; or

● impose additional shipping requirements,

at any time and without prior notice, except where prohibited by applicable law.

SECTION 40: SHIPPING ESTIMATES

Any shipping timeframes, estimated delivery dates, transit windows, fulfillment schedules, or expected arrival dates displayed on the Website or communicated by Alpha Shakes™ are estimates only.

They are provided for convenience and are not guaranteed delivery dates.

Actual delivery times may vary based upon:

● carrier operations;

● weather conditions;

● holidays;

● supply chain disruptions;

● payment verification;

● order volume;

● inventory availability;

● natural disasters;

● labor shortages; or

● other circumstances beyond our reasonable control.

Except where required by law, delayed delivery does not entitle a customer to cancellation, damages, reimbursement, or other compensation.

SECTION 41: ORDER PROCESSING

Orders are generally processed in the order received.

However, Alpha Shakes™ reserves the right to prioritize, delay, consolidate, split, or suspend fulfillment as reasonably necessary for operational, inventory, fraud prevention, quality assurance, or customer service purposes.

Orders placed on weekends or holidays may be processed on the next business day.

Submission of an order does not guarantee same-day processing or shipment.

SECTION 42: SHIPPING CARRIERS

Alpha Shakes™ utilizes third-party shipping providers selected at our discretion.

Once an order has been transferred to the shipping carrier, delivery services are performed by an independent third party.

Although we will make commercially reasonable efforts to assist customers with delivery issues, Alpha Shakes™ is not responsible for:

● carrier delays;

● routing errors;

● missed deliveries;

● theft after delivery;

● weather-related delays;

● customs or governmental delays (if international shipping is offered in the future); or

● other carrier-related events outside our reasonable control.

SECTION 43: SHIPPING ADDRESS RESPONSIBILITY

Customers are solely responsible for providing complete and accurate shipping information.

If an incorrect or incomplete address is provided:

● additional shipping charges may apply;

● delivery may be delayed;

● orders may be returned;

● replacement shipments may require additional payment; or

● refunds may be reduced by shipping or handling costs to the fullest extent permitted by law.

If an order has already entered fulfillment, Alpha Shakes™ cannot guarantee that shipping information can be modified.

SECTION 44: LOST, STOLEN, OR MISDELIVERED PACKAGES

If tracking information indicates that a package has been delivered to the address provided by the customer, Alpha Shakes™ is generally not responsible for:

● theft;

● porch piracy;

● loss after delivery;

● misplacement by occupants; or

● delivery accepted by another individual at the delivery location.

Customers should first contact the shipping carrier regarding any delivery dispute.

Alpha Shakes™ may, in its sole discretion and without any obligation to do so, assist customers in filing claims or locating shipments.

Nothing in this Section limits any non-waivable consumer rights provided by applicable law.

SECTION 45: DAMAGED SHIPMENTS

Customers should inspect Products promptly upon delivery.

If a shipment arrives visibly damaged, customers should:

retain the original packaging;
photograph the package and Products;
contact support@alphashakes.com as soon as reasonably possible; and
provide any information reasonably requested to investigate the claim.

Failure to preserve evidence of shipping damage may affect our ability to pursue claims against the shipping carrier.

SECTION 46: PARTIAL SHIPMENTS

Alpha Shakes™ reserves the right to fulfill orders in multiple shipments.

If inventory, logistics, or operational considerations require separate shipments:

● additional shipping charges will not be imposed unless disclosed before purchase;

● Products may arrive on different dates; and

● each shipment shall be deemed delivered independently.

SECTION 47: DELIVERY REFUSAL

If a customer refuses delivery of a shipment for reasons other than verified shipping damage or Alpha Shakes™ error, Alpha Shakes™ reserves the right to:

● deduct outbound shipping costs;

● deduct return shipping costs;

● deduct carrier handling fees; and

● deduct any other reasonable costs incurred before issuing any applicable refund.

Nothing in this Section limits rights provided under the 30-Day Money-Back Guarantee.

SECTION 48: FORCE MAJEURE

Alpha Shakes™ shall not be liable for any delay or failure to perform resulting from events beyond our reasonable control, including but not limited to:

● natural disasters;

● fires;

● floods;

● severe weather;

● earthquakes;

● pandemics;

● epidemics;

● public health emergencies;

● governmental actions;

● acts of war;

● terrorism;

● civil unrest;

● labor disputes;

● transportation interruptions;

● utility failures;

● cybersecurity incidents;

● internet outages;

● manufacturing disruptions;

● ingredient shortages; or

● failures of third-party service providers.

During such events, Alpha Shakes™ may delay, suspend, modify, or cancel fulfillment obligations without liability except where prohibited by applicable law.

SECTION 49: PRODUCT STORAGE & HANDLING

Upon delivery, customers are responsible for the proper storage, handling, and use of Products.

Alpha Shakes™ is not responsible for:

● improper storage;

● exposure to excessive heat or moisture;

● misuse;

● modification of Products;

● contamination occurring after delivery; or

● consumption beyond any stated "Best By" or similar date.

Customers should follow all instructions appearing on Product packaging.

SECTION 50: CUSTOMER SUPPORT

Questions regarding shipping, delivery, damaged Products, or order status should be directed to:

support@alphashakes.com

Alpha Shakes™ will make commercially reasonable efforts to respond promptly, but response times may vary based upon order volume, holidays, weekends, operational demands, or circumstances beyond our reasonable control.

PART VI: 30-DAY MONEY-BACK GUARANTEE

SECTION 51: OUR COMMITMENT

We stand behind every Alpha Shakes™ meal.

If your first order does not meet your expectations, we want the opportunity to make it right.

Accordingly, eligible first-time customers are covered by our 30-Day Money-Back Guarantee, subject to the terms set forth in this Part.

This Guarantee is intended to provide customers with the confidence to try Alpha Shakes™ while protecting the integrity of the program for all customers.

SECTION 52: ELIGIBILITY

The 30-Day Money-Back Guarantee applies only to:
· the first Alpha Shakes™ meal purchase made directly through alphashakes.com by a first-time customer;
· refund requests submitted within thirty (30) calendar days after confirmed delivery; and
· up to the Guarantee Limit described in Section 53.

Unless otherwise required by applicable law or expressly approved by Alpha Shakes™ in writing, the Guarantee does not apply to:
· subsequent purchases;
· subscription renewal orders after the initial qualifying purchase;
· merchandise;
· shaker bottles;
· apparel;
· accessories;
· gift cards;
· digital products;
· promotional items;
· wholesale purchases;
· purchases made through authorized resellers;
· purchases made through third-party retailers; or
· orders associated with fraud, abuse, unauthorized resale, or attempts to circumvent these Terms.

Alpha Shakes™ may limit the Guarantee to one qualifying claim per individual, household, shipping address, payment method, or account, except where prohibited by applicable law.

SECTION 53: GUARANTEE LIMIT

The Guarantee covers up to thirty (30) Alpha Shakes™ meals.

For clarity:

● an order containing 12 meals is eligible for a refund of up to 12 meals;

● an order containing 24 meals is eligible for a refund of up to 24 meals;

● an order containing 30 meals is eligible for a refund of up to 30 meals;

● an order containing more than 30 meals is eligible for a refund of a maximum of 30 meals.

Any meals purchased in excess of thirty (30) are not covered by this Guarantee unless otherwise required by applicable law.

SECTION 54: HOW TO REQUEST A REFUND

To request a refund under the 30-Day Money-Back Guarantee, customers must email support@alphashakes.com within thirty (30) calendar days after confirmed delivery and include the order number, email address used for the purchase, and a brief description of the issue.

Alpha Shakes™ may require reasonable information to evaluate the request, including photographs, Product packaging, lot or date information, return of unused Products, or other information reasonably necessary to confirm eligibility.

Customers should not discard Product or packaging while a refund request is pending unless instructed by Alpha Shakes™. Failure to provide reasonably requested information or follow reasonable return instructions may delay or prevent processing of the Guarantee.

Unless otherwise required by applicable law or approved by Alpha Shakes™ in writing, customers are responsible for return shipping costs for any Products that Alpha Shakes™ requires to be returned.

SECTION 55: RETURN SHIPPING

Customers are responsible for the cost of returning Products to Alpha Shakes™.

Alpha Shakes™ does not reimburse return shipping expenses except where required by applicable law.

Customers assume responsibility for Products until they are received at the designated return address.

We recommend using a shipping method that provides tracking information.

SECTION 56: REFUND AMOUNT

If a refund request qualifies under this Guarantee, Alpha Shakes™ will refund the purchase price paid for the eligible meals, less any discounts, credits, gift card amounts, or promotional value applied to the purchase, together with any applicable sales tax required to be refunded by law.

Unless otherwise required by applicable law or expressly approved by Alpha Shakes™ in writing, refunds do not include:
· return shipping costs;
· expedited shipping charges;
· shipping protection fees;
· gift card value;
· promotional items;
· merchandise; or
· meals or Products not covered by the Guarantee.

Refunds will be issued to the original payment method whenever reasonably practicable.

SECTION 57: PROCESSING

Refund processing times may vary depending upon:

● inspection of returned Products;

● payment processor requirements;

● financial institution processing times; and

● operational volume.

Although many refunds are processed sooner, customers should allow a reasonable period for processing after returned Products are received.

SECTION 58: ABUSE PREVENTION

The 30-Day Money-Back Guarantee exists to provide first-time customers with confidence in trying Alpha Shakes™.

To preserve the integrity of the program, Alpha Shakes™ reserves the right to deny, suspend, or permanently prohibit Guarantee claims where we reasonably determine that a customer has engaged in:

● repeated refund requests;

● multiple Accounts created for the same individual;

● multiple Accounts associated with the same household;

● multiple Accounts associated with substantially similar payment methods;

● promotional abuse;

● fraudulent conduct;

● chargeback abuse;

● unauthorized resale activity;

● intentional misuse of the Guarantee; or

● any conduct intended to circumvent these Terms.

Our determination shall be based upon the information reasonably available to us and made in good faith.

SECTION 59: CHARGEBACKS

Customers are encouraged to contact Alpha Shakes™ before initiating a payment dispute or chargeback.

Initiating a chargeback while simultaneously requesting benefits under the 30-Day Money-Back Guarantee may delay or prevent processing until the payment dispute has been resolved.

Alpha Shakes™ reserves all rights available under applicable law to contest fraudulent or abusive chargebacks.

SECTION 60: MODIFICATION OR TERMINATION OF THE GUARANTEE

Alpha Shakes™ reserves the right to modify, suspend, or discontinue the 30-Day Money-Back Guarantee at any time for future purchases.

Any modification will not affect customers whose qualifying purchases occurred before the effective date of the change.

SECTION 61: GOOD FAITH PROGRAM

The 30-Day Money-Back Guarantee is intended to reflect Alpha Shakes™ commitment to customer satisfaction and confidence in our Products.

We ask customers to use this Guarantee in the same spirit in which it is offered.

Nothing contained in this Part limits any mandatory consumer rights that cannot be waived under applicable law.

Where applicable law provides greater protections than those described herein, such law shall control.

PART VII: SUBSCRIPTIONS & AUTOMATIC RENEWAL

SECTION 62: SUBSCRIPTION OVERVIEW

Alpha Shakes™ offers customers the opportunity to purchase certain Products on a recurring subscription basis ("Subscription").

Subscriptions are designed to provide convenience, uninterrupted deliveries, and preferred subscriber pricing.

By enrolling in a Subscription, you agree that your Subscription will automatically renew and that your selected payment method will be charged on a recurring basis until you cancel in accordance with these Terms.

Enrollment in a Subscription is voluntary and may be managed through your customer account.

SECTION 63: AUTOMATIC RENEWAL AUTHORIZATION

By purchasing a Subscription, you expressly authorize Alpha Shakes™, Recharge, our payment processors, and our authorized service providers to automatically charge your designated payment method for:

● recurring Product purchases;

● applicable taxes;

● shipping charges;

● and any other amounts disclosed at the time of purchase,

at the frequency selected by you until your Subscription is cancelled.

You acknowledge that this authorization remains in effect until cancelled in accordance with these Terms.

SECTION 64: SUBSCRIPTION FREQUENCY

Unless otherwise specified at the time of purchase, Alpha Shakes™ Subscriptions renew every thirty (30) days.

From time to time, Alpha Shakes™ may offer additional delivery frequencies or scheduling options.

Customers may update their preferred delivery schedule through their Subscription management portal, subject to reasonable processing deadlines established by Alpha Shakes™.

Changes requested after an order has entered processing may apply to the next scheduled renewal.

SECTION 65: MANAGING YOUR SUBSCRIPTION

Subject to availability and operational requirements, subscribers may have the ability to:

● skip a shipment;

● pause a Subscription;

● swap available Product flavors or varieties;

● update shipping information;

● update payment methods;

● modify delivery schedules; or

● reactivate a paused Subscription.

Certain features may not be available during promotional offers, limited edition launches, inventory shortages, or other operational circumstances.

Alpha Shakes™ reserves the right to modify available Subscription management features at any time.

SECTION 66: CANCELLATION

Subscribers may cancel their Subscription at any time through their online account or by contacting support@alphashakes.com. If a Subscription is created online, Alpha Shakes™ will make an online cancellation method available where required by applicable law.

Cancellation requests must be submitted before the applicable order processing cutoff to prevent the next recurring charge or shipment. If an order has already entered processing, fulfillment, or shipment before a cancellation request is received or processed, that order may continue to be fulfilled and the cancellation will become effective for subsequent renewals.

Cancellation of a Subscription does not automatically entitle a customer to a refund for orders already processed, fulfilled, or shipped, except as expressly provided by the 30-Day Money-Back Guarantee or otherwise required by applicable law.

Alpha Shakes™ will not intentionally make cancellation materially more difficult than enrollment. Customers are responsible for maintaining accurate account and contact information so that Subscription communications and cancellation confirmations can be delivered.

SECTION 67: PAYMENT FAILURES

If a recurring payment cannot be successfully processed, Alpha Shakes™ and its payment processors may:

● retry the payment method;

● notify the customer;

● request updated payment information;

● delay shipment;

● temporarily suspend the Subscription; or

● cancel the Subscription.

Alpha Shakes™ is not responsible for delays resulting from expired payment methods, insufficient funds, bank holds, payment processor issues, or other payment authorization failures.

SECTION 68: SUBSCRIPTION PRICING

Subscription pricing may differ from one-time purchase pricing. The price, billing frequency, renewal timing, shipping charges, taxes, discounts, and any applicable minimum purchase or commitment terms should be disclosed at checkout or otherwise before enrollment.

Unless otherwise required by applicable law, Alpha Shakes™ reserves the right to modify Subscription pricing, shipping charges, discounts, benefits, or promotional incentives. If a material price change affects an active Subscription, Alpha Shakes™ will use commercially reasonable efforts to provide advance notice before the updated pricing becomes effective.

Continued participation in the Subscription following the effective date of a pricing change constitutes acceptance of the updated pricing, except where affirmative consent or a different process is required by applicable law.

SECTION 69: PROMOTIONAL SUBSCRIPTIONS

From time to time Alpha Shakes™ may offer introductory pricing, subscriber discounts, gifts, promotional Products, or other incentives.

Unless otherwise specified:

● promotional offers are limited to one per customer;

● promotional offers are limited to one per household;

● promotional offers may not be combined;

● promotional offers have no cash value;

● promotional offers may be modified or discontinued at any time.

Alpha Shakes™ reserves the right to revoke promotional benefits obtained through fraud, abuse, automation, or circumvention of these Terms.

SECTION 70: SUBSCRIPTION FRAUD & ABUSE

To preserve fair access and maintain the integrity of our Subscription program, Alpha Shakes™ reserves the right to investigate suspected abuse.

Without limitation, we may suspend or terminate a Subscription if we reasonably determine that a customer has:

● created multiple Accounts to obtain introductory pricing;

● manipulated promotional offers;

● engaged in unauthorized resale activity;

● intentionally circumvented purchase limits;

● initiated repeated abusive chargebacks;

● submitted false information; or

● otherwise attempted to exploit the Subscription program.

We may refuse future Subscription enrollment by customers who engage in fraudulent or abusive conduct.

SECTION 71: RECHARGE PLATFORM

Subscription management services may be provided through Recharge or another third-party subscription management provider selected by Alpha Shakes™.

By enrolling in a Subscription, you acknowledge that certain Subscription information may be processed through such third-party providers in accordance with their applicable terms and privacy practices.

Alpha Shakes™ is not responsible for temporary outages, maintenance events, or technical interruptions affecting third-party subscription platforms.

SECTION 72: VOLUNTARY PARTICIPATION

Participation in an Alpha Shakes™ Subscription is entirely voluntary.

Customers may continue purchasing Products on a one-time basis without enrolling in a Subscription.

Enrollment in a Subscription is not required to access the Website or purchase Products unless expressly stated for a specific promotional offering.

SECTION 73: AUTOMATIC RENEWAL DISCLOSURE

BY ENROLLING IN A SUBSCRIPTION, YOU AGREE THAT:

· YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL CANCELLED;
· YOUR SELECTED PAYMENT METHOD WILL BE CHARGED AT THE RECURRING INTERVAL YOU SELECT;
· THE AMOUNT CHARGED MAY INCLUDE THE APPLICABLE PRODUCT PRICE, TAXES, SHIPPING CHARGES, AND ANY OTHER DISCLOSED FEES;
· THE PRICE, BILLING FREQUENCY, CANCELLATION METHOD, AND ANY APPLICABLE ORDER PROCESSING CUTOFF SHOULD BE DISCLOSED AT CHECKOUT OR IN YOUR SUBSCRIPTION ACCOUNT;
· YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IN ACCORDANCE WITH THESE TERMS; AND
· CANCELLATION REQUESTS RECEIVED AFTER AN ORDER HAS ENTERED PROCESSING MAY APPLY TO FUTURE RENEWALS RATHER THAN THE ORDER ALREADY BEING PREPARED FOR SHIPMENT.

Nothing contained in this Part limits any rights provided under applicable automatic renewal, subscription, or consumer protection laws. Where applicable law imposes additional notice, consent, acknowledgment, cancellation, renewal, or reminder requirements, Alpha Shakes™ will comply with those requirements to the extent they apply.

PART VIII: REVIEWS, TESTIMONIALS, USER CONTENT & AFFILIATE PROGRAMS

SECTION 74: USER CONTENT

We welcome reviews, testimonials, comments, ratings, photographs, videos, social media posts, suggestions, ideas, feedback, and other materials submitted by our customers and community ("User Content").

By submitting User Content to Alpha Shakes™, whether directly or indirectly through the Website, social media platforms, email, text message, contests, promotions, or otherwise, you acknowledge and agree that such submission is voluntary and subject to these Terms.

SECTION 75: LICENSE TO USE USER CONTENT

By submitting User Content, you grant Alpha Shakes LLC and its affiliates, successors, assigns, licensees, marketing partners, service providers, and advertising agencies a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, and non-exclusive license to:

● use;

● reproduce;

● publish;

● display;

● distribute;

● modify;

● edit;

● adapt;

● crop;

● translate;

● combine with other materials;

● create derivative works from; and

● otherwise exploit

your User Content in any medium now known or later developed.

This license includes the right to use User Content in:

● advertising;

● websites;

● email campaigns;

● SMS campaigns;

● social media;

● printed materials;

● retail displays;

● packaging;

● presentations;

● educational materials; and

● any other commercial or non-commercial purpose.

You acknowledge that no additional compensation is owed for such use unless expressly agreed in writing.

Notwithstanding the foregoing, Alpha Shakes™ will use User Content in a manner consistent with applicable advertising, endorsement, privacy, and publicity-right laws. If you request that Alpha Shakes™ stop using your User Content in future marketing, Alpha Shakes™ will make commercially reasonable efforts to discontinue future use, provided that Alpha Shakes™ shall not be required to remove materials already printed, produced, distributed, published, or otherwise difficult or impracticable to retrieve.

SECTION 76: NAME, IMAGE & LIKENESS

To the extent included within User Content, you grant Alpha Shakes™ the right to use:
· your first name;
· initials;
· city;
· state;
· social media username;
· image;
· likeness;
· voice;
· photograph; and
· video,

in connection with the authorized use of User Content.

Alpha Shakes™ may edit User Content for formatting, clarity, grammar, length, or presentation, provided that Alpha Shakes™ will not intentionally alter the substantive meaning of the User Content in a misleading manner.

Alpha Shakes™ will not knowingly use your full name, image, likeness, voice, photograph, or video in paid advertising in a manner that would require additional consent under applicable law unless Alpha Shakes™ has obtained such consent or the use is otherwise permitted by law.

SECTION 77: REPRESENTATIONS REGARDING USER CONTENT

By submitting User Content, you represent and warrant that:

(a) you own or control all necessary rights to the User Content;

(b) you have the authority to grant the license described in these Terms;

(c) the User Content does not infringe any intellectual property, privacy, publicity, contractual, or other rights of any third party;

(d) the User Content is truthful and reflects your genuine personal experience;

(e) the User Content does not contain knowingly false, misleading, defamatory, unlawful, obscene, or fraudulent material; and

(f) submission of the User Content does not violate any applicable law.

You remain solely responsible for the content you submit.

SECTION 78: NO OBLIGATION TO PUBLISH

Alpha Shakes™ has no obligation to publish, maintain, display, respond to, or continue displaying any User Content.

We reserve the right, in our sole discretion, to:

● remove;

● refuse;

● edit;

● archive;

● moderate; or

● disable

any User Content at any time and for any lawful reason.

Failure to remove any User Content does not constitute approval or endorsement.

SECTION 79: TESTIMONIALS & REVIEWS

Customer testimonials and reviews reflect the personal experiences and opinions of individual customers.

They are not guarantees, promises, or predictions that every customer will achieve similar results.

Testimonials do not constitute scientific evidence or medical advice.

Alpha Shakes™ may feature both positive and critical reviews and may moderate submissions for:

● profanity;

● spam;

● duplicate submissions;

● unlawful content;

● personal information;

● abusive language; or

● technical formatting.

Minor edits for grammar, spelling, formatting, or readability do not alter the underlying experience being communicated.

SECTION 80: SOCIAL MEDIA CONTENT

If you:

● tag Alpha Shakes™;

● mention Alpha Shakes™;

● respond affirmatively to a request to share content;

● submit content through an Alpha Shakes™ campaign; or

● otherwise authorize our use of your content,

you grant the same license described in these Terms unless otherwise agreed in writing.

Alpha Shakes™ may discontinue use of any social media content at any time.

SECTION 81: AFFILIATE & AMBASSADOR PROGRAMS

Alpha Shakes™ may operate affiliate, ambassador, referral, influencer, creator, or similar promotional programs.

Participation in such programs may be governed by separate agreements in addition to these Terms.

Affiliates and ambassadors are independent contractors and are not employees, agents, partners, joint venturers, or legal representatives of Alpha Shakes LLC.

Nothing contained in these Terms creates an employment, agency, franchise, fiduciary, or partnership relationship.

SECTION 82: AFFILIATE CONTENT

Affiliates and ambassadors are solely responsible for the content they create and publish.

Unless expressly approved in writing by Alpha Shakes™, affiliates may not:

● make medical claims;

● guarantee results;

● misrepresent Product benefits;

● create unauthorized advertising;

● alter scientific references;

● imply endorsement by healthcare professionals;

● misstate pricing;

● misrepresent promotions; or

● otherwise make statements inconsistent with Alpha Shakes™ official materials.

Unauthorized affiliate statements are solely the responsibility of the individual affiliate and do not constitute official representations of Alpha Shakes™.

Affiliates and ambassadors must clearly and conspicuously disclose any material connection to Alpha Shakes™ in accordance with applicable law and platform rules, including any free Products, discounts, payments, commissions, affiliate links, referral codes, or other benefits received from Alpha Shakes™. Disclosures must be difficult to miss, understandable to ordinary consumers, and included in close proximity to the applicable claim or endorsement. Alpha Shakes™ may require correction, removal, or modification of any affiliate or ambassador content that Alpha Shakes™ reasonably determines is inaccurate, misleading, noncompliant, or inconsistent with Alpha Shakes™ approved messaging.

SECTION 83: REFERRAL & PROMOTIONAL ABUSE

Alpha Shakes™ reserves the right to suspend, modify, terminate, or reverse referral credits, affiliate commissions, promotional benefits, loyalty rewards, or other incentives if we reasonably determine that a participant has engaged in:

● self-referrals;

● multiple account creation;

● fraudulent transactions;

● artificial traffic;

● automated activity;

● coupon abuse;

● unauthorized advertising;

● trademark bidding;

● spam;

● deceptive practices; or

● any conduct inconsistent with the intended purpose of the program.

Our determination shall be made in good faith based upon the information reasonably available to us.

SECTION 84: INTELLECTUAL PROPERTY & USER CONTENT

Nothing contained in these Terms transfers ownership of Alpha Shakes™ intellectual property to any customer, affiliate, or content creator.

Submission of User Content does not grant any right to:

● use Alpha Shakes™ trademarks;

● reproduce Product packaging;

● create derivative branding;

● register confusingly similar domain names;

● imitate Alpha Shakes™ trade dress; or

● otherwise exploit Alpha Shakes™ intellectual property except as expressly authorized in writing.

SECTION 85: RIGHT TO REMOVE OR ENFORCE

To protect our customers, community, and brand integrity, Alpha Shakes™ reserves the right to investigate suspected violations of this Part and to remove User Content, suspend Accounts, terminate affiliate relationships, reverse commissions, revoke promotional benefits, or pursue any legal or equitable remedy available under applicable law.

Failure to enforce any provision of this Part in one instance shall not constitute a waiver of Alpha Shakes™ rights in any future instance.

PART IX: SMS, EMAIL & MARKETING COMMUNICATIONS

SECTION 86: CONSENT TO ELECTRONIC COMMUNICATIONS

By creating an Account, placing an order, enrolling in a Subscription, subscribing to marketing communications, joining a waitlist, participating in a promotion, or otherwise interacting with Alpha Shakes™, you consent to receive electronic communications from us, including communications delivered by email, text message (SMS), push notification, or other electronic means.

Electronic communications satisfy any legal requirement that such communications be in writing unless applicable law requires otherwise.

SECTION 87: MARKETING EMAILS

Customers may voluntarily subscribe to receive marketing emails regarding:
· new Products;
· educational content;
· ingredient information;
· promotions;
· subscriber benefits;
· launches;
· events;
· company news; and
· other Alpha Shakes™ updates.

Consent to receive marketing emails is voluntary and is not required to purchase Products. Marketing emails will include an unsubscribe mechanism where required by applicable law.

Customers may unsubscribe at any time by:
· clicking the unsubscribe link contained in the email; or
· contacting support@alphashakes.com.

Alpha Shakes™ will use commercially reasonable efforts to honor marketing email opt-out requests within the time required by applicable law. Operational or transactional communications relating to existing purchases, Accounts, Subscriptions, safety notices, legal notices, or customer service matters may continue after marketing preferences are updated.

SECTION 88: SMS MESSAGING

Customers may voluntarily enroll in Alpha Shakes™ SMS programs. By providing a mobile telephone number and affirmatively opting in, you expressly consent to receive recurring automated or non-automated text messages from or on behalf of Alpha Shakes™ relating to:
· Products;
· Subscriptions;
· order updates;
· shipping notifications;
· promotions;
· educational content;
· reminders;
· marketing campaigns; and
· customer service communications.

Message frequency may vary. Consent to receive SMS marketing messages is not a condition of purchasing any Product. Message and data rates may apply according to your wireless carrier plan.

Where required by applicable law, SMS marketing consent must be provided separately from other consents and must be supported by clear and conspicuous disclosures at the point of opt-in. Alpha Shakes™ may send transactional or service-related text messages where permitted by applicable law.

SECTION 89: SMS OPT-OUT

Customers may withdraw SMS consent at any time by:
· replying STOP, END, CANCEL, UNSUBSCRIBE, or another recognized opt-out command to any SMS message where supported;
· following any applicable opt-out instructions; or
· contacting support@alphashakes.com.

Customers may reply HELP where supported for assistance. After an opt-out request is received and processed, customers may continue to receive limited transactional messages necessary to complete existing orders, fulfill legal obligations, protect Accounts, administer active Subscriptions, or confirm the opt-out, where permitted by applicable law.

Alpha Shakes™ will use commercially reasonable efforts to honor SMS opt-out requests within the time required by applicable law.

SECTION 90: THIRD-PARTY COMMUNICATION PROVIDERS

Alpha Shakes™ may utilize third-party service providers to facilitate communications, including providers of:

● email delivery;

● SMS messaging;

● customer relationship management;

● marketing automation;

● subscription management;

● customer support;

● analytics; and

● transactional notifications.

By interacting with Alpha Shakes™, you acknowledge that information necessary to deliver such communications may be processed by authorized service providers acting on our behalf.

Alpha Shakes™ is not responsible for interruptions, delays, filtering, carrier restrictions, or technical failures occurring within third-party communication networks.

SECTION 91: TRANSACTIONAL COMMUNICATIONS

Regardless of marketing preferences, Alpha Shakes™ reserves the right to send communications reasonably necessary to administer our relationship with you, including:

● order confirmations;

● shipping notifications;

● payment issues;

● Subscription updates;

● Product recalls;

● safety notices;

● legal notices;

● changes to these Terms;

● security alerts; and

● customer service responses.

These communications are considered transactional in nature and are not promotional messages.

SECTION 92: PROMOTIONS & WAITLISTS

Participation in any Alpha Shakes™ promotion, giveaway, early access program, waitlist, referral campaign, or loyalty initiative is voluntary.

Unless otherwise expressly stated:

● promotions are subject to Product availability;

● invitations do not guarantee Product availability;

● promotional quantities may be limited;

● promotional benefits may expire;

● promotions may be modified, suspended, or discontinued at any time; and

● participation may be limited to one person, household, or Account.

Alpha Shakes™ reserves the right to disqualify any participant reasonably believed to have engaged in fraud, automation, manipulation, multiple Account creation, or other abusive conduct.

SECTION 93: PROMOTIONAL CONTENT

Marketing materials, advertisements, educational campaigns, social media posts, videos, podcasts, newsletters, blog posts, ingredient spotlights, and similar communications are intended to provide general information regarding Alpha Shakes™ and our Products.

Except where expressly stated, promotional materials should not be interpreted as:

● medical advice;

● individualized nutritional guidance;

● guarantees of results;

● promises of performance; or

● representations applicable to every consumer.

All promotional communications remain subject to the Medical, Scientific Research, Educational Content, Individual Results, and Testimonial provisions contained elsewhere in these Terms.

SECTION 94: COMMUNICATION PREFERENCES

Customers are responsible for maintaining current and accurate contact information.

Alpha Shakes™ is not responsible for missed communications resulting from:

● outdated email addresses;

● inactive telephone numbers;

● spam filters;

● carrier restrictions;

● full mailboxes;

● customer privacy settings; or

● technical failures beyond our reasonable control.

Failure to receive a communication does not invalidate any otherwise applicable notice or action when transmitted in accordance with these Terms and applicable law.

SECTION 95: PRIVACY

The collection, use, storage, disclosure, and protection of personal information are governed by the Alpha Shakes™ Privacy Policy, as posted on the Website and as updated from time to time.

To the extent any conflict exists between these Terms and the Privacy Policy regarding Alpha Shakes™ personal information practices, the Privacy Policy shall govern those specific matters.

These Terms are not intended to replace or modify any separate Privacy Policy or Cookie Policy required by applicable law.

SECTION 96: RIGHT TO MODIFY COMMUNICATION PROGRAMS

Alpha Shakes™ reserves the right to modify, suspend, replace, or discontinue any email, SMS, loyalty, referral, educational, promotional, ambassador, or marketing communication program at any time.

Such modifications shall not affect rights or obligations that accrued prior to the effective date of the modification except as permitted by applicable law.

PART X: DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

SECTION 97: DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PRODUCTS, CONTENT, EDUCATIONAL CONTENT, SCIENTIFIC REFERENCES, SUBSCRIPTIONS, COMMUNICATIONS, AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, ALPHA SHAKES™ DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, ALPHA SHAKES™ DISCLAIMS ANY IMPLIED WARRANTIES OF:

● MERCHANTABILITY;

● FITNESS FOR A PARTICULAR PURPOSE;

● TITLE;

● NON-INFRINGEMENT;

● ACCURACY;

● RELIABILITY; AND

● QUIET ENJOYMENT.

Alpha Shakes™ does not warrant that:

● the Website will operate uninterrupted;

● the Website will be error-free;

● defects will be corrected;

● the Website will always be secure;

● Products will meet every customer's expectations;

● Educational Content will always be complete or current; or

● any specific result will be achieved through use of the Products.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the foregoing exclusions shall apply only to the maximum extent permitted by law.

SECTION 98: NO GUARANTEE OF AVAILABILITY

Alpha Shakes™ does not guarantee continuous availability of:

● the Website;

● customer accounts;

● Subscription services;

● promotional programs;

● Product inventory;

● educational resources; or

● third-party integrations.

We reserve the right to modify, suspend, discontinue, restrict, or remove any feature, Product, service, content, or functionality at any time without liability except as prohibited by applicable law.

SECTION 99: LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALPHA SHAKES LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO:

● THE WEBSITE;

● PRODUCTS;

● SUBSCRIPTIONS;

● EDUCATIONAL CONTENT;

● SCIENTIFIC REFERENCES;

● USER CONTENT;

● AFFILIATE CONTENT;

● COMMUNICATIONS;

● OR THESE TERMS.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, MISREPRESENTATION, STATUTE, OR OTHERWISE.

WITHOUT LIMITATION, ALPHA SHAKES™ SHALL NOT BE LIABLE FOR:

● LOST PROFITS;

● LOST REVENUE;

● LOST SAVINGS;

● LOSS OF BUSINESS OPPORTUNITY;

● LOSS OF DATA;

● LOSS OF GOODWILL;

● BUSINESS INTERRUPTION;

● SUBSTITUTE PRODUCT COSTS;

● PERSONAL EXPECTATION DAMAGES;

● EMOTIONAL DISTRESS; OR

● REPUTATIONAL HARM.

EVEN IF ALPHA SHAKES™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 100: LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALPHA SHAKES™ FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, PRODUCTS, SERVICES, SUBSCRIPTIONS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO ALPHA SHAKES™ DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED UNITED STATES DOLLARS ($100).

THIS LIMITATION APPLIES COLLECTIVELY TO ALL CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES, COSTS, AND LIABILITIES.

SECTION 101: PRODUCT LIABILITY LIMITATIONS

Customers acknowledge that:

● Alpha Shakes™ Products are meal replacements;

● individual responses vary;

● ingredient sensitivities exist;

● allergens may affect certain individuals;

● nutrition outcomes differ from person to person.

To the fullest extent permitted by law, Alpha Shakes™ shall not be liable for injuries, losses, damages, or adverse outcomes resulting from:

● misuse of Products;

● failure to follow instructions;

● failure to review ingredient information;

● known allergies or sensitivities;

● interactions with medications;

● medical conditions;

● improper storage;

● consumption beyond stated dates; or

● use inconsistent with Product labeling.

Nothing in this Section limits liability that cannot legally be excluded under applicable law.

SECTION 102: THIRD-PARTY SERVICES

Alpha Shakes™ is not responsible for the acts, omissions, products, services, content, policies, security practices, or performance of third parties, including:

● payment processors;

● shipping carriers;

● Recharge;

● Klaviyo;

● Postscript;

● review platforms;

● social media platforms;

● analytics providers;

● internet service providers; or

● other third-party service providers.

Your use of third-party services is at your own risk and subject to their applicable terms.

SECTION 103: SECURITY & INTERNET RISKS

Although Alpha Shakes™ employs commercially reasonable security measures, no website, platform, network, transmission, or storage system can be guaranteed completely secure.

Accordingly, Alpha Shakes™ does not guarantee that:

● unauthorized access will never occur;

● cyberattacks will never occur;

● malware will never occur;

● security breaches will never occur; or

● information transmitted through the internet will remain completely secure.

Customers use the Website and internet-based services at their own risk.

SECTION 104: FORCE MAJEURE LIABILITY EXCLUSION

Without limiting any other provision of these Terms, Alpha Shakes™ shall not be liable for delays, interruptions, failures, losses, or damages resulting from events beyond our reasonable control, including those described in Section 48 (Force Majeure).

Such events may affect:

● Website access;

● Product availability;

● fulfillment;

● shipping;

● communications;

● promotions;

● Subscriptions; and

● customer support.

SECTION 105: BASIS OF THE BARGAIN

You acknowledge that Alpha Shakes™ has set its prices, offered Products, and entered into these Terms in reliance upon the warranty disclaimers, liability limitations, exclusions, and risk allocations contained herein.

These provisions form an essential basis of the bargain between you and Alpha Shakes™.

If any portion of these limitations is found unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

SECTION 106: NON-WAIVABLE RIGHTS

Nothing contained in these Terms shall exclude, restrict, or limit any rights, remedies, warranties, liabilities, or obligations that cannot be excluded, restricted, or limited under applicable law.

Without limiting the foregoing, nothing in these Terms is intended to limit liability for fraud, intentional misconduct, or personal injury caused by Alpha Shakes™ to the extent such liability cannot be limited under applicable law.

Where applicable law prohibits a particular disclaimer, limitation, exclusion, arbitration requirement, venue requirement, indemnity obligation, or damages limitation, that provision shall apply only to the maximum extent permitted by law while all remaining provisions remain enforceable.

PART XI: INDEMNIFICATION

SECTION 107: YOUR AGREEMENT TO INDEMNIFY

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Alpha Shakes LLC and its affiliates, officers, directors, members, managers, employees, contractors, agents, service providers, licensors, successors, and assigns (collectively, the "Alpha Shakes Parties") from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:

· your misuse of the Website or Products;
· your violation of these Terms;
· your violation of any applicable law;
· your User Content;
· your Feedback;
· your participation in any promotion, referral program, affiliate program, ambassador program, or marketing initiative;
· your infringement, misappropriation, or violation of any third-party right;
· your fraudulent, deceptive, abusive, or unlawful conduct; or
· your violation of any representation, warranty, or obligation contained in these Terms.

For clarity, this indemnity is not intended to require an ordinary consumer to indemnify Alpha Shakes™ merely for purchasing or consuming Products in accordance with applicable Product labeling and these Terms.

SECTION 108: USER CONTENT CLAIMS

Without limiting the foregoing, if any claim is asserted against an Alpha Shakes Party arising from User Content submitted by you, including claims involving:

● copyright infringement;

● trademark infringement;

● right of publicity;

● privacy rights;

● defamation;

● false advertising;

● misleading content;

● contractual disputes; or

● other third-party rights,

you agree to indemnify and hold harmless the Alpha Shakes Parties from all resulting liabilities, damages, costs, and expenses, including reasonable attorneys' fees.

SECTION 109: AFFILIATE, REFERRAL & PROMOTIONAL ACTIVITIES

If you participate in any Alpha Shakes™ affiliate, ambassador, referral, creator, influencer, or promotional program, you agree to indemnify and hold harmless the Alpha Shakes Parties from any claim arising from:

● your advertising activities;

● your marketing content;

● unauthorized claims;

● violations of advertising regulations;

● violations of endorsement disclosure requirements;

● misleading statements;

● intellectual property violations; or

● other conduct related to your participation in such programs.

Nothing contained in these Terms limits any additional obligations imposed under separate affiliate or ambassador agreements.

SECTION 110: COOPERATION

If Alpha Shakes™ seeks indemnification under this Part, we may:

● provide notice of the claim;

● require reasonable cooperation;

● request information relevant to the defense of the claim; and

● participate in the defense of the claim through counsel of our choosing.

Your failure to reasonably cooperate may constitute an independent breach of these Terms.

SECTION 111: RIGHT TO ASSUME DEFENSE

Alpha Shakes™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

In such circumstances, you agree to cooperate fully with our defense efforts.

Nothing in this Section relieves you of your indemnification obligations.

SECTION 112: NO IMPLIED LIMITATION

The indemnification obligations contained in this Part are in addition to, and not in lieu of, any other rights or remedies available to Alpha Shakes™ under these Terms, at law, or in equity.

These obligations shall survive:

● termination of Accounts;

● cancellation of Subscriptions;

● completion of transactions;

● cessation of Website use; and

● termination of these Terms.

SECTION 113: LIMITATIONS

Nothing in this Part shall require you to indemnify any Alpha Shakes Party for claims finally determined by a court of competent jurisdiction or arbitrator, as applicable, to have resulted from the gross negligence, willful misconduct, fraud, or intentional unlawful conduct of that Alpha Shakes Party, except to the extent such limitation is prohibited by applicable law.

To the extent applicable law prohibits any portion of this Part, such portion shall be enforced only to the maximum extent permitted by law.

PART XII: BINDING ARBITRATION & CLASS ACTION WAIVER

SECTION 114: PLEASE READ THIS SECTION CAREFULLY

THIS PART AFFECTS YOUR LEGAL RIGHTS.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES MOST DISPUTES BETWEEN YOU AND ALPHA SHAKES™ TO BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

THIS PART ALSO CONTAINS A WAIVER OF CLASS ACTIONS, CLASS ARBITRATIONS, MASS ARBITRATIONS, AND REPRESENTATIVE PROCEEDINGS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Nothing in this Part limits any rights that cannot legally be waived.

SECTION 115: GOOD FAITH INFORMAL RESOLUTION

Alpha Shakes™ believes that most disputes can be resolved quickly and fairly without litigation or arbitration.

Accordingly, before initiating arbitration or filing any legal proceeding, the party asserting a dispute agrees to first provide written notice describing:

● the nature of the dispute;

● the factual basis of the claim;

● the requested resolution; and

● supporting information reasonably necessary to evaluate the matter.

The parties agree to make a good faith effort to resolve the dispute informally for at least thirty (30) days after receipt of such notice.

Nothing in this Section prevents either party from seeking temporary injunctive relief where necessary to prevent immediate and irreparable harm.

SECTION 116: AGREEMENT TO ARBITRATE

Except for claims expressly excluded below, any dispute, controversy, claim, or cause of action arising out of or relating to:

● these Terms;

● the Website;

● Products;

● Subscriptions;

● the 30-Day Money-Back Guarantee;

● Educational Content;

● Scientific References;

● marketing communications;

● User Content;

● affiliate programs; or

● any relationship between you and Alpha Shakes™

shall be resolved exclusively through final and binding arbitration rather than through a lawsuit in court.

The arbitrator shall have exclusive authority to determine:

● the interpretation of this arbitration agreement;

● its enforceability;

● its applicability; and

● any claim that all or part of this arbitration agreement is void or voidable.

SECTION 117: CLAIMS NOT SUBJECT TO ARBITRATION

Nothing in this Part prevents either party from:

● bringing an individual action in a court of competent jurisdiction that qualifies for small claims court;

● seeking temporary or preliminary injunctive relief to protect confidential information or intellectual property;

● pursuing claims that applicable law expressly prohibits from mandatory arbitration.

SECTION 118: INDIVIDUAL PROCEEDINGS ONLY

YOU AND ALPHA SHAKES™ AGREE THAT ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS.

NEITHER PARTY SHALL PARTICIPATE AS:

● A CLASS REPRESENTATIVE;

● A CLASS MEMBER;

● A PRIVATE ATTORNEY GENERAL;

● A REPRESENTATIVE PLAINTIFF; OR

● A REPRESENTATIVE PARTICIPANT

IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, MASS ARBITRATION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE PROCEEDING.

THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANY PERSON OTHER THAN THE INDIVIDUAL PARTIES BEFORE THE ARBITRATOR.

SECTION 119: MASS ARBITRATION AND BELLWETHER PROCEDURES

To the fullest extent permitted by applicable law, disputes must proceed on an individual basis only, and no arbitration may proceed as a class arbitration, collective arbitration, consolidated arbitration, mass arbitration, representative proceeding, private attorney general action, or any other proceeding in which one person seeks relief on behalf of another person or group of persons.

If twenty-five (25) or more similar arbitration demands are asserted against Alpha Shakes™ by or with the assistance, coordination, or representation of the same law firm, group of law firms, organization, platform, claim aggregator, or coordinated group of claimants, the parties agree that those demands shall be treated as “Coordinated Demands” and shall be subject to the procedures in this Section.

The parties agree that Coordinated Demands shall proceed in staged bellwether proceedings. Unless the parties agree otherwise in writing, ten (10) individual arbitration demands shall proceed first as bellwether arbitrations. Counsel for the claimants shall select five (5) bellwether demands, and Alpha Shakes™ shall select five (5) bellwether demands. Only those bellwether arbitrations shall proceed initially. All other Coordinated Demands shall be held in abeyance and shall not be filed, administered, advanced, or subject to arbitration fees while the bellwether arbitrations proceed, except to the extent required by applicable law or the applicable arbitration administrator.

The statutes of limitation, contractual limitations periods, filing deadlines, and other time-based defenses applicable to the non-bellwether Coordinated Demands shall be tolled while those demands are held in abeyance under this Section. No claimant shall be prejudiced solely because that claimant’s demand is held in abeyance pursuant to this bellwether procedure.

After the bellwether arbitrations are completed, the parties shall participate in a single mediation before a mutually agreed mediator for a period of at least sixty (60) days, unless the parties agree in writing to extend or shorten that period. The mediation may be conducted remotely unless the parties agree otherwise.

If the remaining Coordinated Demands are not resolved through the bellwether process and mediation, then the remaining demands shall proceed in additional staged batches of up to fifty (50) individual arbitrations at a time, unless the parties agree otherwise in writing or the arbitration administrator or a court of competent jurisdiction requires a different procedure. Each demand shall remain subject to the individual arbitration requirement, class action waiver, representative action waiver, and other limitations set forth in these Terms.

Bellwether outcomes shall not be binding precedent in any later arbitration, court proceeding, or other dispute involving a different claimant, except to the extent binding on the parties to the specific bellwether arbitration. However, the parties agree that the bellwether process is intended to promote efficient, fair, and informed resolution of Coordinated Demands.

If any portion of this Section is determined to be unenforceable, that portion shall be severed to the minimum extent necessary, and the remaining portions shall remain enforceable to the fullest extent permitted by law. If a court or arbitration administrator determines that the bellwether or staging procedures in this Section cannot be enforced as to particular claims, then those claims shall proceed in a court of competent jurisdiction rather than in a class, collective, consolidated, representative, or mass arbitration, except where prohibited by applicable law.

SECTION 120: ARBITRATION PROCEDURE

Unless otherwise required by applicable law or mutually agreed by the parties, arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. If AAA is unavailable or unwilling to administer the arbitration, the parties shall mutually agree on an alternative arbitration administrator. If the parties cannot agree, a court of competent jurisdiction may appoint an arbitration administrator or arbitrator.

Arbitration may occur remotely by video conference, telephone, written submission, or another mutually convenient method. Where required by applicable law or the applicable arbitration rules, a consumer may choose to participate in arbitration from the county or judicial district in which the consumer resides.

The arbitrator shall apply applicable law and these Terms, may award the same remedies available in an individual court proceeding, and shall issue a written decision explaining the outcome. Judgment on the arbitration award may be entered in any court having jurisdiction.

Arbitration fees and costs shall be allocated in accordance with the applicable arbitration rules, except that Alpha Shakes™ will pay any arbitration fees or costs that Alpha Shakes™ is required to pay for this arbitration agreement to be enforceable under applicable law.

SECTION 121: OPTIONAL ARBITRATION OPT-OUT

You may opt out of the arbitration agreement in this Part by emailing support@alphashakes.com within thirty (30) days after the earliest of: (a) your first purchase of a Product; (b) your first enrollment in a Subscription; or (c) your first creation of an Account.

Your opt-out email must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms, including any jury trial waiver or class action waiver to the extent enforceable under applicable law.

SECTION 122: WAIVER OF JURY TRIAL

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ALPHA SHAKES™ KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE SUBJECT TO THESE TERMS.

SECTION 123: TIME LIMITATION

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the Website, Products, Subscriptions, or any relationship with Alpha Shakes™ must be commenced within one (1) year after the events giving rise to the claim first occurred or reasonably should have been discovered.

Claims filed after that period are permanently barred unless a longer limitation period is required by applicable law.

SECTION 124: SEVERABILITY OF ARBITRATION PROVISIONS

If any provision of this Part is determined to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

However, if the class action waiver contained in Section 118 is determined to be unenforceable as to a particular claim, then that claim shall proceed in a court of competent jurisdiction rather than arbitration.

SECTION 125: VOLUNTARY AGREEMENT

BY USING THE WEBSITE, PURCHASING PRODUCTS, OR ENROLLING IN A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PART, UNDERSTAND IT, AND VOLUNTARILY AGREE TO ITS TERMS.

YOU FURTHER ACKNOWLEDGE THAT THIS PART REPRESENTS A MATERIAL INDUCEMENT FOR ALPHA SHAKES™ TO OFFER ITS WEBSITE, PRODUCTS, SERVICES, SUBSCRIPTIONS, AND 30-DAY MONEY-BACK GUARANTEE UNDER THESE TERMS.

PART XIII: GOVERNING LAW, MISCELLANEOUS, AND CONTACT INFORMATION

SECTION 126: GOVERNING LAW

These Terms, the Website, Products, Subscriptions, the 30-Day Money-Back Guarantee, Educational Content, Scientific References, and all disputes arising out of or relating to Alpha Shakes™ shall be governed by and construed in accordance with the laws of the State of Tennessee and applicable federal law, without regard to conflict of law principles.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

SECTION 127: VENUE

To the extent any dispute is determined not to be subject to arbitration under Part XII, the parties agree that exclusive jurisdiction and venue shall lie in the state and federal courts located in Davidson County, Tennessee, except where applicable consumer protection law requires a different venue or prohibits enforcement of this venue provision.

Each party irrevocably submits to the personal jurisdiction of such courts and waives any objection based upon inconvenient forum or similar doctrines, except to the extent such waiver is prohibited by applicable law.

SECTION 128: ELECTRONIC RECORDS & SIGNATURES

You agree that:

● these Terms may be accepted electronically;

● records may be maintained electronically;

● communications may be delivered electronically;

● electronic signatures have the same force and effect as handwritten signatures.

Your use of the Website, purchase of Products, enrollment in a Subscription, submission of User Content, or other interaction with Alpha Shakes™ constitutes electronic acceptance of these Terms.

SECTION 129: ASSIGNMENT

You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without the prior written consent of Alpha Shakes™.

Any attempted assignment in violation of this Section shall be void.

Alpha Shakes™ may assign, transfer, delegate, sublicense, or otherwise convey its rights and obligations under these Terms without restriction, including in connection with:

● mergers;

● acquisitions;

● reorganizations;

● financing transactions;

● asset sales; or

● transfers of business operations.

These Terms shall bind and benefit the parties and their respective successors and permitted assigns.

SECTION 130: NO WAIVER

Failure by Alpha Shakes™ to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of Alpha Shakes™.

A waiver of any breach shall not constitute a waiver of any future breach.

SECTION 131: SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and shall be deemed severed only to the extent necessary.

The remaining provisions shall remain in full force and effect.

The parties agree that any invalid provision shall be interpreted as closely as possible to reflect its original intent while remaining enforceable.

SECTION 132: ENTIRE AGREEMENT

These Terms, together with any policies, disclosures, notices, or additional terms expressly incorporated by reference, constitute the entire agreement between you and Alpha Shakes™ regarding the subject matter addressed herein.

These Terms supersede all prior or contemporaneous communications, understandings, representations, proposals, negotiations, and agreements relating to such subject matter.

No oral statements or representations shall modify these Terms.

SECTION 133: NO THIRD-PARTY BENEFICIARIES

Except as expressly provided herein, these Terms are solely for the benefit of you and Alpha Shakes™.

Nothing contained in these Terms creates any third-party beneficiary rights.

SECTION 134: RELATIONSHIP OF THE PARTIES

Nothing contained in these Terms creates any:

● partnership;

● joint venture;

● franchise;

● agency;

● employment;

● fiduciary; or

● representative relationship

between you and Alpha Shakes™.

Each party acts solely on its own behalf.

SECTION 135: SURVIVAL

The following provisions shall survive termination of these Terms, closure of Accounts, cancellation of Subscriptions, completion of transactions, or cessation of Website use:

● Intellectual Property;

● AI & Automated Access Restrictions;

● User Content Licenses;

● Feedback Licenses;

● Product Liability Provisions;

● Assumption of Risk;

● Disclaimers;

● Limitation of Liability;

● Indemnification;

● Arbitration;

● Class Action Waiver;

● Governing Law;

● Venue;

● Survival;

● and any other provision that by its nature should survive termination.

SECTION 136: HEADINGS

Section titles and headings are included solely for convenience and shall not affect interpretation of these Terms.

SECTION 137: CONTACT INFORMATION

Questions regarding these Terms, Products, Subscriptions, the 30-Day Money-Back Guarantee, or other Alpha Shakes™ matters may be directed to:

Alpha Shakes LLC
100 Powell Place #1587
Nashville, TN 37204
United States

Email: support@alphashakes.com

SECTION 138: EFFECTIVE DATE

These Terms are effective as of the Effective Date displayed at the beginning of this document and shall remain in effect until modified or replaced by Alpha Shakes™.

Continued use of the Website, purchase of Products, enrollment in a Subscription, or participation in Alpha Shakes™ programs following the publication of revised Terms constitutes acceptance of those revised Terms.

FINAL ACKNOWLEDGMENT

BY ACCESSING THE WEBSITE, PURCHASING PRODUCTS, ENROLLING IN A SUBSCRIPTION, SUBMITTING USER CONTENT, PARTICIPATING IN A PROMOTION, OR OTHERWISE INTERACTING WITH ALPHA SHAKES™, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE & SALE.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE OR PURCHASE PRODUCTS.

Terms of service

Effective Date: June 8, 2026

These Terms of Service & Sale ("Terms") govern your access to and use of the Alpha Shakes™ website, products, subscriptions, services, content, and related offerings.

Please read these Terms carefully before using our website or purchasing any products.

OUR APPROACH

At Alpha Shakes™, we believe important information should be understandable.

We've written these Terms in plain English wherever possible because we believe transparency builds trust. While these Terms are legally binding, they are also intended to clearly explain how our website, products, subscriptions, educational content, guarantees, and services work.

By using our website, creating an account, purchasing a Product, enrolling in a Subscription, submitting content, participating in a promotion, or otherwise interacting with Alpha Shakes™, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our website, products, or services.

PART I: INTRODUCTION, ACCEPTANCE, AND DEFINITIONS

COMPANY INFORMATION

Alpha Shakes LLC

100 Powell Place #1587 Nashville, TN 37204 United States

Support Email:

support@alphashakes.com

SECTION 1: ELIGIBILITY

You must be at least eighteen (18) years old to use our website, purchase Products, create an account, enroll in a Subscription, submit User Content, or otherwise engage with our services.

By using our website or purchasing our Products, you represent and warrant that:

(a) you are at least eighteen (18) years old;

(b) you have the legal capacity to enter into a binding agreement;

(c) all information you provide to us is truthful, accurate, and complete; and

(d) your use of our website and Products complies with all applicable laws.

Our Products are intended for adults and are not marketed to children.

SECTION 2: TERRITORY

Alpha Shakes™ currently sells Products only within the United States.

We make no representation that our website, Products, services, content, or materials are appropriate, available, or lawful outside the United States.

If you access our website from outside the United States, you do so at your own initiative and are solely responsible for compliance with local laws.

We reserve the right to restrict access, shipments, sales, or services to any geographic region at any time.

SECTION 3: ACCEPTANCE OF THESE TERMS

These Terms apply to:

• visitors to our website;

• customers;

• subscribers;

• account holders;

• participants in promotions, giveaways, surveys, and waitlists;

• affiliates and ambassadors;

• individuals who submit reviews, testimonials, photographs, videos, comments, or other content;

• any other users of our website, Products, or services.

By accessing or using any part of our website or services, you acknowledge that:

(a) you have read these Terms;

(b) you understand these Terms; and

(c) you agree to be legally bound by these Terms.

SECTION 4: DEFINITIONS

For purposes of these Terms:

"Account" means any account created through our website or related services.

"Affiliate" means any independent promoter, ambassador, creator, influencer, referral partner, or affiliate participating in an Alpha Shakes™ affiliate or ambassador program.

"Content" means all text, graphics, images, photographs, videos, audio, designs, trademarks, logos, educational materials, research summaries, downloadable materials, software, code, data, and other materials made available through our website or services.

"Educational Content" means articles, blog posts, ingredient information, scientific references, research summaries, videos, emails, social media content, guides, FAQs, customer support materials, and other informational content provided by Alpha Shakes™.

"Products" means all physical goods, meal replacements, merchandise, shaker bottles, apparel, accessories, digital products, downloadable materials, subscriptions, memberships, services, and future offerings sold or provided by Alpha Shakes™.

"Scientific Reference" means any reference to a study, publication, clinical trial, ingredient research, scientific literature, or other research material.

"Subscription" means any recurring purchase arrangement offered through Alpha Shakes™.

"User Content" means any review, testimonial, photograph, video, comment, social media post, message, submission, feedback, rating, suggestion, idea, or other content submitted, posted, tagged, uploaded, shared, or otherwise provided by a user.

"Website" means alphashakes.com and any associated domains, landing pages, applications, software, platforms, communications, and digital properties operated by Alpha Shakes™.

SECTION 5: MODIFICATIONS TO THESE TERMS

We may update, revise, modify, or replace these Terms from time to time.

When we make material changes, we may provide notice through our website, email, account notifications, or other reasonable means.

The most current version of these Terms will always govern your use of our website, Products, and services.

Your continued use of our website, Products, or services after updated Terms become effective constitutes acceptance of those revised Terms.

If you do not agree to any revised Terms, you must discontinue use of our website, Products, and services.

PART II: WEBSITE USE, ACCOUNTS, INTELLECTUAL PROPERTY & ACCEPTABLE USE

SECTION 6: LIMITED LICENSE TO USE THE WEBSITE

Subject to these Terms, Alpha Shakes™ grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website solely for your personal, non-commercial use.

This license does not transfer any ownership interest in the Website or any Content.

Except as expressly permitted by these Terms or applicable law, you may not:

• copy, reproduce, distribute, publish, transmit, display, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works from, or exploit any portion of the Website or Content;

• use the Website for any commercial purpose without our prior written consent;

• remove, alter, or obscure any copyright, trademark, or proprietary notices;

• use any Alpha Shakes™ intellectual property in connection with products or services that are not authorized by Alpha Shakes™; or

• otherwise use the Website or Content in any manner inconsistent with these Terms.

We reserve all rights not expressly granted herein.

SECTION 7: ACCOUNT REGISTRATION & SECURITY

Certain features of the Website may require you to create an Account.

You agree to:

• provide accurate, complete, and current information;

• promptly update any information that becomes inaccurate;

• maintain the confidentiality of your login credentials;

• restrict access to your Account; and

• immediately notify Alpha Shakes™ of any suspected unauthorized access or security breach.

You are solely responsible for all activity occurring under your Account, whether or not authorized by you.

We reserve the right to suspend, restrict, or terminate any Account at our sole discretion if we reasonably believe:

100 Powell Place #1587
Nashville, TN 37204
United States