Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Gamer Grinds. Gamer Grinds™ and Gamer Grinds Instant Coffee™ is a product brand operated by OG ENERGY, LLC. Throughout this website, the terms “we,” “us,” and “our” refer to OG ENERGY, LLC, doing business through the Gamer Grinds brand and website. OG ENERGY, LLC operates this store and website, including all related information, content, features, tools, products, subscriptions, and services, in order to provide you with a shopping experience related to Gamer Grinds products and related offerings.
Gamer Grinds is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you visit, access, use, or purchase from GamerGrinds.com or any related services, pages, features, tools, products, subscriptions, giveaways, or content offered by us.
Please read these Terms of Service carefully. They include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, subscriptions, billing, returns, and other terms that apply to your use of our Services.
By visiting, interacting with, purchasing from, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or place of residence, or that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store, creating an account, placing an order, subscribing to a product, entering a promotion where permitted, or purchasing any products or services we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment information, shipping address, and other order-related information.
You represent and warrant that all information you provide is accurate, current, complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Gamer Grinds offers instant coffee products, related beverage products, merchandise, bundles, subscriptions, accessories, and other products that may be added or removed from time to time.
We make every reasonable effort to provide accurate representations of our products and services. However, product colors, packaging, labels, designs, appearance, serving sizes, flavor descriptions, and other details may differ from how they appear on your screen due to your device, display settings, production changes, supplier changes, or updates to our product line.
We do not warrant that the appearance, flavor, quality, packaging, or performance of any product purchased by you will meet your expectations or be exactly the same as depicted, described, photographed, rendered, or advertised on our website.
All product descriptions, prices, ingredients, packaging, formulations, availability, and promotions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
Gamer Grinds products are not intended to diagnose, treat, cure, or prevent any disease. Any statements on this website have not been evaluated by the Food and Drug Administration. Products containing caffeine should be used responsibly and may not be suitable for children, pregnant or nursing individuals, or individuals sensitive to caffeine or with certain medical conditions. Always read product labels and consult a qualified healthcare professional if you have questions about caffeine consumption or any ingredient.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. OG ENERGY, LLC reserves the right to accept, decline, cancel, limit, or modify your order for any reason at its sole discretion.
Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted, processed, fulfilled, or shipped.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was made.
Your purchases are subject to our Refund Policy and Shipping Policy, if applicable.
You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale, export, or distribution.
SECTION 4 - PRICES, BILLING, AND PAYMENT
Prices, discounts, offers, bundles, subscriptions, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email, unless otherwise stated.
Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, duties, import charges, or other fees.
Prices posted on GamerGrinds.com may be different from prices offered through other sales channels, promotions, advertisements, affiliates, influencers, events, or third-party platforms.
We may offer promotions, discount codes, bundles, giveaways, or special offers from time to time. These promotions may be governed by additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will govern for that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, shipping address, billing address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
- the payment information you provide is true, correct, and complete;
- you are authorized to use the payment method provided;
- charges incurred by you will be honored by your payment provider; and
- you will pay all charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes or fees.
SECTION 5 - SUBSCRIPTIONS
We may offer subscription products through GamerGrinds.com. Subscription products automatically renew according to the billing frequency, delivery schedule, and terms shown at the time of purchase.
By purchasing a subscription, you authorize OG ENERGY, LLC and its payment processors or subscription service providers to charge your selected payment method on a recurring basis until you cancel your subscription, your subscription expires, or we terminate the subscription.
Subscription pricing, discounts, product availability, flavors, bundles, and shipping charges may change over time. If required by law or by our subscription platform, we will provide notice of material changes.
You are responsible for managing your subscription, including updating your payment method, shipping address, billing information, and cancellation preferences.
Subscription cancellation, pause, skip, or modification options may be available through your account portal or by contacting customer support. Cancellation requests must be submitted before your renewal order is processed. Once a subscription order has renewed, processed, or shipped, we may be unable to cancel or refund that order except as stated in our Refund Policy.
We reserve the right to cancel, modify, suspend, or refuse any subscription at our discretion, including in cases of suspected fraud, abuse, payment failure, inventory limitations, shipping restrictions, or violation of these Terms.
SECTION 6 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays caused by carriers, weather, customs, incorrect addresses, address changes, payment issues, inventory delays, supplier delays, acts of God, or events outside our control.
Once we transfer products to the shipping carrier, title and risk of loss pass to you to the fullest extent permitted by law.
You are responsible for providing a complete and accurate shipping address. We are not responsible for lost, delayed, returned, or misdelivered packages caused by incorrect or incomplete shipping information provided by you.
If a package is returned to us due to an incorrect address, failed delivery attempt, refusal, or other delivery issue outside our control, additional shipping fees may apply to reship the order.
SECTION 7 - GIVEAWAYS, SWEEPSTAKES, AND PROMOTIONS
From time to time, Gamer Grinds may offer giveaways, sweepstakes, contests, promotional events, or prize-based campaigns. These promotions may include gaming PCs, consoles, accessories, merchandise, store credit, products, or other prizes.
All giveaways, sweepstakes, contests, and promotions are subject to separate official rules, eligibility requirements, entry methods, deadlines, geographic restrictions, prize details, and other terms that will apply to that specific promotion.
Participation in any giveaway or promotion does not guarantee that you will win. No purchase is necessary to enter a sweepstakes where required by law. Void where prohibited.
In the event of a conflict between these Terms of Service and the official rules of a specific giveaway, sweepstakes, or contest, the official rules for that promotion will govern.
SECTION 8 - INTELLECTUAL PROPERTY
The Services, including but not limited to all trademarks, brands, names, logos, slogans, product names, text, displays, graphics, images, videos, audio, product reviews, website design, layouts, packaging designs, labels, artwork, and the selection and arrangement thereof, are owned by OG ENERGY, LLC, the Gamer Grinds brand, our affiliates, or our licensors and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, trade dress, trade secret, or other intellectual property of OG ENERGY, LLC, Gamer Grinds, Shopify, or any third party.
Gamer Grinds, Gamer Grinds Instant Coffee, related logos, product names, designs, slogans, graphics, and brand elements are trademarks, service marks, trade dress, or other intellectual property of OG ENERGY, LLC or its affiliates or licensors. You must not use such marks without our prior written permission.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to customer tools, applications, account portals, subscription management tools, third-party integrations, or other features offered by third parties as part of the Services.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or related to your use of optional third-party tools.
Any use of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.
We may also offer new features, tools, resources, or services in the future. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
The Services may contain materials, links, embedded content, applications, or functionality provided by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, practices, or availability of any third-party materials or websites.
If you decide to leave the Services to access third-party websites or materials, you do so at your own risk.
We are not liable for any harm, loss, or damages related to your access of third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
GamerGrinds.com is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with OG ENERGY, LLC through the Gamer Grinds brand.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and OG ENERGY, LLC, including any injury, damage, or loss resulting from purchased products or services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with OG ENERGY, LLC or Gamer Grinds.
SECTION 12 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our website. Certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read our Privacy Policy and understand that information you submit to the Services may be transmitted to and shared with Shopify and other third-party service providers as necessary to operate our store, process payments, fulfill orders, manage subscriptions, provide customer support, improve our Services, and comply with applicable law.
Review our Privacy Policy for more information about how we, Shopify, and our partners collect, use, share, and protect your personal information.
SECTION 13 - FEEDBACK, REVIEWS, AND USER CONTENT
If you submit, upload, post, email, tag, message, or otherwise transmit ideas, suggestions, feedback, photos, videos, testimonials, reviews, social media content, proposals, plans, or other content to us or about us, you grant OG ENERGY, LLC a perpetual, worldwide, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, promote, and create derivative works from such content in any medium for any lawful purpose, including commercial use.
You represent and warrant that:
- you own or have all necessary rights to the content you submit;
- your content does not violate the rights of any third party;
- you have disclosed any compensation, free product, discount, incentive, or relationship connected to your content where required by law; and
- your content complies with these Terms and all applicable laws.
We are under no obligation to maintain your content in confidence, pay compensation for your content, or respond to your content.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, spam, or otherwise objectionable.
SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, discounts, offers, shipping charges, transit times, availability, subscription terms, giveaway details, or other content.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, abusive, or malicious purpose;
(b) to violate any federal, state, provincial, international, or local law or regulation;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any person;
(e) to submit false or misleading information;
(f) to upload or transmit viruses, malware, or malicious code;
(g) to send spam, phishing, junk mail, chain letters, or other similar solicitations;
(h) to impersonate any person or entity;
(i) to interfere with or circumvent the security features of the Services;
(j) to scrape, crawl, copy, extract, harvest, or collect data from the Services without our express written permission;
(k) to use automated tools, bots, scripts, agents, or similar technologies in a way that burdens, disrupts, or manipulates the Services;
(l) to resell products in violation of these Terms or any applicable promotion rules; or
(m) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that may harm OG ENERGY, LLC, Gamer Grinds, Shopify, or users of the Services.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated these Terms.
SECTION 16 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or cause the deployment of any software, bot, crawler, scraper, AI tool, automation, or agent to access, use, or interact with the Services.
No automated tool or agent may access, use, scrape, purchase from, interact with, or otherwise use the Services in a manner that violates these Terms, bypasses security or access controls, burdens our systems, manipulates pricing or promotions, creates fake accounts, submits false entries, or interferes with the normal operation of the Services.
We may block, limit, throttle, challenge, or otherwise restrict automated access to the Services at any time, with or without notice.
SECTION 17 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following termination: Intellectual Property, Feedback and User Content, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 18 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, reliability, usefulness, or timeliness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY OG ENERGY, LLC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 19 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL OG ENERGY, LLC, GAMER GRINDS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES, PRODUCTS PURCHASED THROUGH THE SERVICES, SUBSCRIPTIONS, GIVEAWAYS, PROMOTIONS, CONTENT, OR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OG ENERGY, LLC, Gamer Grinds, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, demands, judgments, settlements, costs, or expenses, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
(1) your breach of these Terms of Service or any documents they incorporate by reference;
(2) your violation of any law or the rights of a third party;
(3) your access to or use of the Services;
(4) your content, feedback, reviews, or submissions; or
(5) your misuse of any product purchased through the Services.
We may control the defense and settlement of any indemnifiable claim at your expense, including choice of counsel, provided that we will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You agree to cooperate in the defense of indemnified claims.
SECTION 21 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 22 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 23 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles.
You agree that any dispute arising out of or related to these Terms, the Services, or any purchase from GamerGrinds.com shall be brought in the state or federal courts located in Tennessee, unless otherwise required by applicable law. You consent to venue and personal jurisdiction in such courts.
SECTION 25 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Where required by applicable law, we will notify you of material changes to these Terms. Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
OG ENERGY, LLC
Gamer Grinds
595 Mason Road
Cookeville, TN 38501
United States
Customer Support: support@gamergrinds.com
Compliancy Officer: tyler@gamergrinds.com
Compliancy Officer Phone: +1 (603) 769-7517
Please do not contact Compliancy Officer for customer support related inquiries. Direct all inquiries to mailto: support@gamergrinds.com.