Terms and Conditions

These Terms and Conditions were last updated on 03/24/2024.

Dose’s website is located at https://dosedaily.co/ and includes any features, subpages, content, or other materials provided therein (the “Website”), and is owned and operated by Eetho Brands Inc. d/b/a Dose, including its affiliates (collectively “Dose”, “we”, “us,” or “our”).

Please take the time to thoroughly review these terms and conditions (“Terms”) before you make a purchase online or engage with this Website in any way. BY PROCEEDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND YOU AGREE TO BE BOUND BY THESE TERMS.

By accessing or using the Website, including ordering any products through the Website (“Products”), you confirm that you have read, understood, and agree to adhere to the Agreement. The Agreement will be as enforceable as if you had physically signed it. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT ACCESS, USE, PLACE ORDERS ON, OR PURCHASE PRODUCTS FROM THE WEBSITE.

These Terms, and any amendments or supplements to it, together with our Privacy Policy and Refund Policy (collectively, the “Agreement”) form a legally binding agreement between you and Dose, and governs your access to and use of the Website or any other website of Dose, any order you place through the Website, and your use or attempted use of our Products and services (collectively, “Use” “Your Use” or “Using”).

We reserve the right to update or modify these Terms at our discretion at any time. When we make changes, we will update the information on this page and note the date of the latest revision at the top. You can always find the current and effective version of these Terms by clicking on the “Terms and Conditions” link on the Website. By continuing to use the Website after any changes take effect, you are accepting the updated Terms. Please regularly check this page for any updates to stay informed. If you disagree with these or any future Terms, do not access, browse, or Use the Website.

Please be aware that section 16 (dispute resolution) of this agreement, below, contains provisions governing how to resolve disputes between you and dose, including, without limitation, any disputes that arose or were asserted prior to the effective date of this agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between you and us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

Any dispute, claim or request for relief relating in any way to this agreement or your use of the website, platform or services will be governed and interpreted by and under the laws of the state of California, subject to the federal arbitration act, without giving effect to any conflict of law principles that provide for the application of the law of any other jurisdiction. The United Nations convention on contracts for the international sale of goods is expressly excluded from this agreement.

Our store uses Shopify Inc. as our hosting platform, which enables us to provide you with access to our products and services via an online e-commerce platform.

1. USE OF THIS WEBSITE

You confirm that you are of legal age in your state or have obtained consent from a legal guardian for any minor dependents to use this site. You agree not to use anything on the Website, including the Products, for unlawful or unauthorized purposes, and to comply with all applicable laws, including copyright laws, in your jurisdiction.

2. REFUND POLICY

You can view our Refund Policy here.

3. SUBSCRIPTION

By signing up for a subscription, your subscription will automatically renew on the first day following the end of such subscription period as you have chosen for your subscription package (each a “Renewal Commencement Date”) and continue for an additional period equal to the number of days of your initial subscription period, at our price for such subscription, plus applicable shipping and taxes. You agree that your account will be subject to this automatic renewal feature unless you (i) pause your subscription; (ii) skip your next order, or (iii) cancel your subscription. You can pause or cancel at any time from your account page, until the day your next subscription period begins to prevent renewal charges, but you will not receive a refund for the remainder of your then-current subscription period subject to the Refund Policy.Upon the expiration of your deferral period, your subscription shall again be subject to the automatic renewal process described above.
By subscribing, you authorize Dose to charge your payment provider for your initial subscription period, and again at the beginning of any subsequent subscription renewal period for the fees agreed upon. Your charges may change if we change our pricing with notice to you. If you choose to cancel your subscription at any time, your subscription will no longer renew, and we will not charge your payment provider for the subsequent subscription period. Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

4. USER-GENERATED CONTENT

Subject to the limitations set forth herein, you may choose to provide Dose with specific submissions (such as contest entries), or if you voluntarily submit creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or otherwise (collectively, “Submissions”), you agree that we may use, edit, copy, publish, distribute, translate, and utilize these Submissions in any medium without restriction.
We are not obligated to (1) keep any Submissions confidential, (2) compensate you for any Submissions, or (3) respond to any Submissions.
While we reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or our Terms, we are not obliged to do so.
You agree that your Submissions will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your Submissions will not contain libelous, unlawful, abusive, or obscene material, nor will they contain any computer viruses or malware that could impact the Website’s operation. You may not use a false email address, impersonate others, or mislead us or third parties about the origin of any Submissions.
You are solely responsible for the accuracy of your Submissions. We do not assume liability for any Submissions posted by you or any third party.

5. USER CONDUCT

You must not Use the Website in a way that infringes the rights of Dose or anyone else, or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

(ii) modify, distribute, or re-post any content on the Website for any purpose; or

(iii) use the content of the Website for any commercial exploitation whatsoever.

By Using the Website, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;

(b) not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;

(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Dose trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website’s page) without Dose’s express written consent;

(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;

(f) not to use meta tags or any other “hidden text” utilizing a Dose name, trademark, or Product name without Dose’s express written consent;

(g) not to deep link to the Website without Dose’s express written consent;

(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;

(i) not Use the Website to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the Submission policies of Dose, including that any Submission you may make to Dose will not be held in confidence by Dose and is not proprietary, that Dose may use the Submission and any aspect thereof for any purposes in Dose’s sole discretion; and

(m) to comply with all applicable laws regarding your use of the Website.

6. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE

You understand that the content accessible via the Website, including but not limited to text, graphics, software, music, sound, photographs, videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”) is safeguarded by copyright, trademarks, patents, and other proprietary laws. You are granted a limited, non-exclusive, non-transferable, revocable license to view, copy, and print content obtained from the Website solely for the purpose of using the Website or placing orders through it. This permission is contingent upon the condition that you do not remove or obscure any copyright notice, or other notices displayed on the content. Except as explicitly provided in this Agreement, neither this agreement nor the Website grants any other license or rights, whether expressly, implicitly, by estoppel, or otherwise, under any of Dose’s, or any third party’s, Intellectual Property. All rights not expressly granted herein are reserved.

7. HEALTH AND FDA DISCLAIMER

The information (including, without limitation, advice, and recommendations) on the website is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition before taking any dietary, nutritional, herbal, or similar supplement or product or starting any new treatment. You should consult with a physician or other healthcare provider before using any Dose products, particularly if you are pregnant or nursing, anticipate surgery, are taking any medications, have a known history of medical conditions, illnesses or other health concerns, or are otherwise under medical supervision.

The statements made about the products, including any statements made on this website, have not been evaluated by the U.S. Food and Drug Administration (“FDA”). These products are not intended to diagnose, treat, cure, or prevent any diseases.

8. DISCLAIMER OF WARRANTIES

We cannot guarantee, represent, or warrant that your Use of the Website, or purchase of the Product, will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from using the Website will be accurate or reliable.
You acknowledge that we may, from time to time, remove your Use of the Website for indefinite periods or cancel it at any time without notice to you.
You explicitly agree that your Use of, or inability to Use, the Website is at your sole risk. The service and all Products and services provided to you through it are (except as expressly stated by us) offered "as is" and "as available" for your Use and purchase, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Dose, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your Use of the Website or any Products procured, or for any other claim related in any way to your Use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the Use of the service or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. This includes damages resulting from the transportation and delivery of the Product. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. LINKS TO OTHER WEBSITE THAT DOSE DOES NOT CONTROL

The Website may, in Dose’s sole discretion, provide links to other websites or resources, including advertisers, over which Dose has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Dose of content, items, or services on those third-party Website. Your access, view, and Use of such website links, including the content, items, or services on those Website, are solely at your own risk. Dose makes no representations or warranties with respect to the content, ownership, or legality of any such linked website. You agree that Dose has no responsibility or liability for the availability of such external website or resources, or for the content, advertising, Products, or other materials available through such website or resources.

10. PURCHASING ITEMS FROM US

Product Purchase Representations. Dose reserves the right to discontinue or change at any time without notice the specifications, content, messaging, Products, and other information, and prospectively change prices on Products, in each case without incurring any obligation to you. Dose takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, to ensure that the Website are complete, accurate, and current, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, Dose does not warrant that Product descriptions are accurate, complete, reliable, current, or error-free, or that Product packaging depicted on the Website will match the actual Product that you receive. If a Product described on the Website is not as described when you receive it, or the packaging on the Website does not match the Product you receive, you agree that your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Returns Policy. Dose’s descriptions of, or references to, Products not owned by Dose do not imply endorsement of that Product or constitute a warranty by Dose.
Pricing Errors, Omissions, and Availability. Please be aware that prices, availability, and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Any Product on this Website at a particular time does not imply or warrant that the Products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is canceled because of the error, your credit card will be refunded the full amount of your order.

Order Placement. If you order a Product, payment must be received by Dose prior to Dose’s acceptance of the order. Dose may require additional information regarding your order if you have not provided all the information required and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of this Agreement. With respect to participation in Dose’s auto-renewal subscriptions, you expressly agree that by submitting your initial order you accept and agree to the terms of the auto-renewal offer and understand the cancellation policy. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the Product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
Dose only accepts orders for personal use. YOU CANNOT RESELL PRODUCTS OFFERED ON THE WEBSITE. IF DOSE DISCOVERS THAT YOU ARE PLACING ORDERS WITH THE INTENT TO RESELL PRODUCTS OR ARE OTHERWISE USING OR INTEND TO USE THE PRODUCTS INAPPROPRIATELY OR ILLEGALLY, WE MAY IMMEDIATELY CANCEL YOUR ORDER, TERMINATE YOUR ACCOUNT, AND PURSUE ANY AND ALL AVAILABLE LEGAL REMEDIES FROM YOU UNDER APPLICABLE LAW. To the extent your conduct may be fraudulent, such as purchasing Products through the use of fake or stolen cards, Dose will also report you to federal, state and/or local enforcements authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.

Shipping and Risk of Loss. Dose may, in its sole discretion, add applicable shipping and handling fees to your order. Unless otherwise noted, Dose will use commercially reasonable efforts to ship Products within a reasonable time after receipt of your properly completed order. Although Dose may provide delivery or shipment timeframes or dates, you understand that those are Dose’s good faith estimates and may be subject to change. You further understand that Product availability may be limited, and some Products may not be available for immediate delivery, in which case the Products will be delivered when they become available. Dose may, in its sole discretion, reject orders where the stated delivery address is outside the United States.
Dose is not responsible for Products that are damaged caused by third parties, including but not limited to Products sold by resellers that are not properly packaged, and Product that was damaged during transit through no fault of Dose.

Sales Tax. Dose is required to collect applicable state and local sales tax on orders shipped to certain states. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Dose is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

Payment Information. In ordering Products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Dose shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Dose, or for any other reason that we, in our sole discretion, deem appropriate.

11. ELECTRONIC COMMUNICATIONS, SIGNATURES, AND AGREEMENTS

The information communicated on the Website constitutes an electronic communication. When you communicate with Dose through the Website or via other forms of electronic media, such as e-mail, you are communicating with Dose electronically. You agree that Dose may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Dose provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Dose or you).

You further acknowledge and agree that by clicking on the button labeled “CHECK OUT”, “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, or such similar links as may be designated by Dose, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY DOSE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12. COMMUNICATIONS WITH DOSE

To the extent permissible by applicable law, you acknowledge that telephone calls to or from Dose may be, in Dose’s sole discretion, monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to Dose, including, but not limited to, your mailing address, shipping address, e-mail address, and mobile phone number(s) is/are true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Dose. You acknowledge that by voluntarily providing your telephone numbers to Dose, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Dose relating to this Agreement, any purchase or transaction with Dose, matters related to your account (including but not limited to debt collection), and promotions regarding the Products. These communications may be made by or on behalf of Dose, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Dose will not be responsible for these charges.

Dose may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Dose notice within 30 days of any change to your contact information by writing to 1310 N Hercules Ave, Warehouse A, Clearwater, Florida, 33765; Attention: Dose Customer Service or emailing [email protected]. Your consent to this communications provision is not required to make any purchase with Dose.

13. LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL DOSE, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, “DOSE PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL DOSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DOSE IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE WEBSITE.

14. INDEMNIFICATION

Except where otherwise inapplicable or prohibited by law, to the fullest extent permitted by law, you agree to indemnify and hold harmless Dose Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation arising out of or relating to Your Use or your breach of this Agreement.

15. TERMINATION OF WEBSITE

Dose may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your Use of the Website, if Dose reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to Use the Website and Dose may, in our discretion, cancel any outstanding orders for the Product.

16. DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section 16 (“Arbitration Agreement”) carefully. Subject to your right to opt-out, as further described in this Arbitration Agreement, it requires you to arbitrate disputes with Dose, includes a broad waiver of your right to participate in class actions and your constitutional right to a jury trial, and otherwise limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or request for relief by or against Dose arising out of or relating in any way to your access to or Use of the Website, any communications you receive, any Products sold or distributed through the Website, services provided by Dose, or these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that (1) you and Dose may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Dose may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Dose. If that occurs, Dose is committed to working with you to reach a reasonable resolution. You and Dose agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Dose therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to [email protected] or regular mail to our offices located at 1310 N Hercules Ave, Warehouse A, Clearwater, Florida, 33765, Attn: Disputes. The notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference process above does not resolve satisfactorily within sixty (60) days after receipt of the notice, you and Dose agree that either party shall seek to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.
A party who desires to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a Dispute relating to your access to or Use of the Website, any Products sold or distributed through the Website, or services provided by Dose, primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of the JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Arbitration Rules.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope, enforceability, or applicability of the Arbitration Agreement, whether the Disputes are arbitrable, and the propriety of commencing the arbitration and (b) resolve any Dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are: (1) all Disputes arising out of or relating to the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or that such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all Disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration will decide the rights and liabilities, if any, of you and Dose. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, subject to the arbitral forum rules and the Arbitration Agreement, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s awarding of damages must be consistent with the terms of the “Limitation of Liability” section of these Terms as to the types and the amounts of damages for which a party may be held liable.
The prevailing party in arbitration may seek an award of reasonable attorneys’ fees and expenses, to the extent permitted under applicable law. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations.
Waiver of Jury Trial. YOU AND DOSE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Dose are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class of Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Dose agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may litigated in the federal courts located in the State of California. All other Disputes shall be arbitrated. This subsection does not prevent you or Dose from participating in a class-wide settlement of claims.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Dose agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Dose by or with the assistance of the same law firm, group of law firms or organizations within a thirty (30) day period (or otherwise in close proximity), JAMS (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Dose.
You and Dose agree to cooperate in good faith with JAMS to implement the Batch Arbitration approach including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Dose, 1310 N Hercules Ave, Warehouse A, Clearwater, Florida, 33765, within thirty (30) days after first becoming subject to this Arbitration Agreement or attempted Use of a Product (whichever comes first). Your notice must include your name and address, the email address you used to set up your Dose account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Dose.

17. PRIVACY

In addition to these Terms and Conditions for Sale, your purchase of Products through the Website is subject to the Website Privacy Policy,, which is incorporated herein by reference.

18. EXCLUSIVE VENUE FOR OTHER CONTROVERSIES

Any controversy excluded from the Arbitration Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located County of Los Angeles, California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

19. REMEDIES FOR DOSE

Notwithstanding the Arbitration Agreement, in order to avoid irreparable injury to Dose, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting Dose from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

20. TRADEMARK NOTICES

All Dose’s trademarks and service marks displayed on the Website are the property of Dose or their respective owners. You may not Use or display any trademarks or service marks owned by Dose without Dose’s prior written consent. You may not Use or display any other trademarks or service marks displayed on the Website without the permission of their owners.

21. COPYRIGHT

The content on the Websites is protected by copyright law. You are prohibited from reproducing or copying, in whole or in part, the Websites without our prior written consent. The content on the Websites is for informational purposes only. We do not represent or warrant that the content is complete or accurate.

22. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us (a) via email at [email protected]; (b) in writing at 1310 N Hercules Ave, Warehouse A, Clearwater, Florida, 33765; or telephone at (888) 304-9784.

23. OTHER IMPORTANT TERMS

Dose may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

You acknowledge and understand that if Dose is unable to provide the Products as a result of an event outside of its control, Dose will not be in breach of any of its obligations to you under this Agreement.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Dose. No delay by Dose in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Dose’s ability to subsequently exercise that right or remedy. These Terms (together with any terms incorporated by reference herein) constitute the entire agreement between you and Dose relating to the subject matter herein. Any waiver must be agreed to by Dose in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Dose agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California.

24. CONTACT US

You can contact us with any questions or concerns that you may have regarding this Agreement by emailing us [email protected].